RI Notary - Rhode Island Notary Prohibited Acts and Misconduct Questions and Answers 1

Question 1

A Rhode Island notary public who is not a licensed attorney is advertising their services in a local newspaper. Which of the following is a prohibited act?

Accepted Answer

Using the phrase 'notario publico' to attract Spanish-speaking clients.

Answer

According to Rhode Island General Laws § 42-30.1-18(c), a notary public who is not an attorney licensed to practice law in the state may not use the term 'notario' or 'notario publico'. This is to prevent the public from being misled into believing the notary is an attorney authorized to provide legal advice, especially regarding immigration matters.

Question 2

A man arrives at a notary's office with a power of attorney document that he needs notarized. The notary notices that the man is named as the agent in the document, and the notary is the man's spouse. What is the appropriate action for the notary to take?

Accepted Answer

Refuse to notarize the document due to a conflict of interest.

Answer

A notary public must be an impartial witness. Notarizing a document for a spouse, especially when that spouse stands to gain authority or benefit from the document (like a power of attorney), presents a clear conflict of interest. The notary should refuse to perform the notarial act to avoid any appearance of impropriety and to ensure the integrity of the notarization.

Question 3

Which of the following actions constitutes the unauthorized practice of law by a Rhode Island notary who is not an attorney?

Accepted Answer

Advising a client on which type of deed is best for their real estate transaction.

Answer

A notary public who is not an attorney is expressly prohibited from giving legal advice. Advising a client on the appropriate type of legal document, such as a deed, constitutes giving legal advice and is considered the unauthorized practice of law.

Question 4

A signer presents a document for notarization but refuses to take an oath or affirmation regarding the truthfulness of the statements within it. The notarial certificate requires a jurat. What is the notary's proper course of action?

Accepted Answer

Refuse to perform the notarization.

Answer

A jurat requires the signer to swear or affirm that the contents of the document are true. If the signer is unwilling to do so, the notary cannot complete the notarial act. The notary must refuse to notarize the document because a required element of the notarization cannot be fulfilled.

Question 5

Under what circumstances is it permissible for a Rhode Island notary to affix their signature and seal to an incomplete notarial certificate?

Accepted Answer

Under no circumstances.

Answer

A Rhode Island notary public should not affix their official signature or seal on a notarial certificate that is incomplete under any circumstances. Doing so is a serious form of misconduct that compromises the integrity of the entire notarial act and can facilitate fraud.

(RI Notary) Rhode Island Notary Exam Practice Test

(RI Notary) Rhode Island Notary Exam Practice Test

RI Notary - Rhode Island Notary Prohibited Acts and Misconduct Questions and Answers 1