RI Notary Prohibited Acts and Misconduct 3 — Questions and Answers
Question 1: A signer offers a Rhode Island notary a $100 tip to skip checking identification. Accepting and skipping the ID check would be:
- Official misconduct that can lead to commission revocation and liability (Correct answer)
- Permitted because tips are voluntary
- Permitted if the notary knows the signer's employer
- A minor infraction with no consequences
Correct answer: Official misconduct that can lead to commission revocation and liability
Failing to verify identity in exchange for payment is misconduct exposing the notary to discipline and civil or criminal liability.
Question 2: Which of the following may a Rhode Island notary NOT do?
- Certify or attest that a photograph is a true likeness of a person (Correct answer)
- Administer an oath or affirmation
- Take an acknowledgment on a deed
- Witness the signing of a document when authorized
Correct answer: Certify or attest that a photograph is a true likeness of a person
Certifying that a photo is a true likeness of someone is outside a notary's authorized acts.
Question 3: A notary discovers that a document she is asked to notarize contains blank spaces the signer plans to fill in later. The notary should:
- Decline until the blanks are completed or lined through (Correct answer)
- Notarize it since the content is not her concern
- Fill in the blanks herself based on the signer's instructions
- Notarize it and attach a note about the blanks
Correct answer: Decline until the blanks are completed or lined through
Notarizing an incomplete document facilitates potential fraud, so blanks should be filled or struck before notarization.
Question 4: A Rhode Island notary personally benefits from a real estate closing as the seller. Can she notarize the buyer's signature on the closing documents?
- No, because she is a party to and benefits from the transaction (Correct answer)
- Yes, if the buyer consents in writing
- Yes, because only the buyer's signature is being notarized
- Yes, if her attorney approves
Correct answer: No, because she is a party to and benefits from the transaction
A notary who is a party to or financially benefits from a transaction is disqualified from notarizing any signature in it.
Question 5: A notary is asked to notarize a signature on a document he knows will be used to commit fraud. He should:
- Refuse to perform the notarization (Correct answer)
- Perform it since he only certifies the signature
- Perform it but keep a copy as evidence
- Perform it and report it afterward
Correct answer: Refuse to perform the notarization
A notary must refuse to participate in a transaction he knows or believes is fraudulent or unlawful.
Question 6: Which of these is an example of improper influence-related misconduct by a notary?
- Pressuring a hesitant signer to sign so the notary's employer can close a sale (Correct answer)
- Explaining where the signer should place a signature
- Asking the signer to confirm they signed willingly
- Reading the notarial certificate aloud
Correct answer: Pressuring a hesitant signer to sign so the notary's employer can close a sale
Coercing or pressuring a signer violates the requirement that signatures be made willingly and free of duress.
Question 7: A former Rhode Island notary continues stamping documents after his commission expired. This conduct is:
- Unlawful, because performing notarial acts requires a current commission (Correct answer)
- Acceptable during a 90-day grace period
- Acceptable if renewal paperwork was mailed
- Acceptable for existing clients only
Correct answer: Unlawful, because performing notarial acts requires a current commission
Performing notarial acts without a valid, current commission is unlawful and any such acts are improper.
RI Notary Prohibited Acts and Misconduct 3
A signer offers a Rhode Island notary a $100 tip to skip checking identification.
Accepting and skipping the ID check would be: