VT Notary Notary Fees and Ethics 2 — Questions and Answers
Question 1: A Vermont notary is pressured by their employer to notarize a document without the signer present. The notary should:
- Refuse, because personal appearance is required for a valid notarization (Correct answer)
- Comply, because employers have authority over their notary employees
- Proceed if the employer provides a written request
- Ask the signer to call in by telephone instead
Correct answer: Refuse, because personal appearance is required for a valid notarization
A notary must refuse to notarize without personal appearance, regardless of employer pressure, because doing so would be an unlawful notarization.
Question 2: Under Vermont ethics rules, when may a notary certify a document as an 'official certified copy' on letterhead?
- Only for documents the notary is legally authorized to copy-certify (Correct answer)
- Any time they use official notary letterhead
- Any time the signer requests an official copy
- Only for government-issued documents
Correct answer: Only for documents the notary is legally authorized to copy-certify
A Vermont notary may only certify copies for document types within their legal authority; using official-sounding language for unauthorized copy types is a misrepresentation.
Question 3: What is the ethical duty of impartiality for a Vermont notary?
- The notary must act as an unbiased, disinterested party with no personal stake in the transaction (Correct answer)
- The notary must treat all fees equally
- The notary must handle an equal number of acts for both parties in a dispute
- The notary must be neutral only in real estate transactions
Correct answer: The notary must act as an unbiased, disinterested party with no personal stake in the transaction
Impartiality means the notary has no personal, financial, or other interest in the transaction and acts solely as an objective official witness.
Question 4: A Vermont notary who acts as an immigration consultant and notarizes documents they prepared is:
- Potentially engaged in unauthorized practice of law (Correct answer)
- Acting within their notarial authority
- Exempt from ethical rules if licensed as a consultant
- Required to charge double the standard fee
Correct answer: Potentially engaged in unauthorized practice of law
Combining notarial services with immigration document preparation by a non-attorney may constitute unauthorized practice of law in Vermont.
Question 5: May a Vermont notary use their title to endorse a product or service?
- No, using the notary title to endorse products implies false official authority (Correct answer)
- Yes, as long as the endorsement is for legal services
- Yes, if the Secretary of State grants permission
- No, but they may endorse government programs
Correct answer: No, using the notary title to endorse products implies false official authority
Vermont notaries may not use their official title to endorse products or services because it implies a level of official authority or credibility that does not exist for commercial purposes.
Question 6: What should a Vermont notary do if a document presented for notarization appears to be fraudulent?
- Decline to notarize and, if appropriate, report the suspected fraud to authorities (Correct answer)
- Notarize it anyway since the notary is not responsible for document content
- Contact the document's recipient before deciding
- Provide the document to the Secretary of State
Correct answer: Decline to notarize and, if appropriate, report the suspected fraud to authorities
A Vermont notary who suspects fraud should refuse to notarize the document and may report the situation to law enforcement or relevant authorities.
VT Notary Notary Fees and Ethics 2
A Vermont notary is pressured by their employer to notarize a document without the signer present.
The notary should: