TX NNJE Notary Misconduct and Liability 2

Question 1

A Texas employer orders a notary employee to notarize documents without verifying signers' identities. What should the notary do?

Accepted Answer

Refuse, because the notary's legal duty overrides employer instructions

Answer

Comply, because employer instructions override notary duties

Answer

Comply only for internal documents

Answer

Ask the Secretary of State for permission to comply

Question 2

What is 'notarial fraud' in the Texas context?

Accepted Answer

Intentional misrepresentation or falsification of a notarial act or certificate

Answer

Charging the maximum statutory fee

Answer

Refusing to notarize a document

Answer

Forgetting to sign a journal entry

Question 3

A Texas notary backdates a notarial certificate at a signer's request. This is:

Accepted Answer

Fraud and a criminal violation of Texas law

Answer

Acceptable if the signer provides a written request

Answer

Acceptable for correcting administrative errors

Answer

Acceptable only for deeds and real estate documents

Question 4

Can a Texas notary notarize a document if they believe the signer is being coerced?

Accepted Answer

No, the notary must refuse if they believe the signer is acting under duress

Answer

Yes, as long as valid ID is presented

Answer

Yes, if the signer verbally confirms they are willing

Answer

Only if a law enforcement officer is present

Question 5

A Texas notary's seal is stolen. What should the notary do immediately?

Accepted Answer

Report the theft to law enforcement and the Secretary of State, and stop using the commission until resolved

Answer

Order a replacement seal and continue working

Answer

Use an unofficial stamp until the replacement arrives

Answer

Notify only their employer

Question 6

Under Texas law, what is the statute of limitations concern that makes notary journal retention important?

Accepted Answer

Civil lawsuits challenging notarized documents may arise years later, requiring journal records as evidence

Answer

Criminal charges against signers expire after 1 year

Answer

Notary fees must be refunded within 30 days of the act

Answer

The Texas Secretary of State audits journals after 90 days