RI Notary Fees and Liability 3

Question 1

A signer asks a Rhode Island notary to explain which type of notarial certificate their document needs. The notary should:

Accepted Answer

Ask the signer to choose or consult the document's issuing agency or an attorney

Answer

Choosing the certificate type for a signer is the unauthorized practice of law, so the signer or a qualified professional must decide.

Question 2

Why is advertising notary services in Spanish using the term 'notario publico' risky for a non-attorney Rhode Island notary?

Accepted Answer

It can mislead people into believing the notary is a licensed legal professional

Answer

In many Latin American countries a 'notario publico' is a highly trained attorney, so using the term can deceive the public about the notary's authority.

Question 3

A Rhode Island notary performs a notarization correctly but the underlying transaction turns out to be fraudulent. The notary is generally:

Accepted Answer

Not liable, because the notary is responsible only for the notarial act, not the transaction

Answer

A notary who properly performs the notarial act is not a guarantor of the transaction's legitimacy and is generally not liable for the parties' fraud.

Question 4

Which practice best protects a Rhode Island notary against future liability claims?

Accepted Answer

Keeping a detailed journal of each notarial act performed

Answer

Although not mandatory for traditional acts in Rhode Island, a journal creates evidence of proper procedure that can defeat negligence claims.

Question 5

A Rhode Island notary charges a fee for a notarization but never discloses the amount until after signing. This practice is:

Accepted Answer

Improper, because fees should be disclosed and agreed upon before the service

Answer

Ethical standards call for fees to be communicated and accepted before the notarial act to prevent disputes and overreaching.

(RI Notary) Rhode Island Notary Exam Practice Test

(RI Notary) Rhode Island Notary Exam Practice Test

RI Notary Fees and Liability 3