Legal and Ethical Responsibilities Flashcards
7 cards from real WV NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal and Ethical Responsibilities flashcards as text
A WV notary is asked to certify that a photocopy of a birth certificate is a 'true copy.' The notary should:
Answer: Refuse, because vital records copies must be certified by the issuing agency
Publicly recorded documents such as birth certificates must be certified by the official custodian, not by a notary.
During a notarization, the signer appears heavily sedated and cannot answer basic questions about the document. The WV notary should:
Answer: Decline the notarization because the signer lacks apparent awareness
A notary must be satisfied the signer is acting knowingly and willingly, and apparent incapacity is grounds to refuse.
A West Virginia notary discovers their journal and stamp were stolen from their car. Their ethical and legal obligation is to:
Answer: Promptly notify the Secretary of State of the loss or theft
A lost or stolen stamp or journal must be reported promptly to the Secretary of State to guard against fraudulent use.
Which situation is a permissible notarization for a West Virginia notary?
Answer: Notarizing for a stranger with valid ID who appears in person at the notary's office
A disinterested notary may notarize for any signer who personally appears and is properly identified.
A title company offers a WV notary a bonus for every closing where the notary skips ID verification for 'trusted repeat clients.' Accepting this arrangement would be:
Answer: A violation, because identity must be verified for every notarial act
Identity verification through personal knowledge or satisfactory evidence is mandatory for every act and cannot be traded away for compensation.
A WV notary is asked to backdate a notarial certificate by two days so a contract meets a deadline. Doing so would be:
Answer: A false certificate, exposing the notary to penalties
A notarial certificate must state the actual date of the act, and backdating is a fraudulent false certificate.
Who is legally responsible for the accuracy and lawfulness of a notarial act performed by a commissioned WV notary employed by a bank?
Answer: The notary personally, even when acting for an employer
A notary is personally liable for their official misconduct even when the act was performed in the course of employment.