WV Notary Legal and Ethical Responsibilities 2

Question 1

A West Virginia notary is asked to notarize a document for their spouse's business sale in which the notary will receive part of the proceeds. What should the notary do?

Accepted Answer

Decline because the notary has a direct financial interest in the transaction

Answer

Proceed but charge no fee

Answer

Proceed and note the relationship in the journal

Answer

Proceed only if another witness is present

Question 2

Under West Virginia law, what is the maximum fee a notary public may charge for a single notarial act?

Accepted Answer

$5

Answer

$10

Answer

$2

Answer

There is no limit

Question 3

A signer presents a document with several blank spaces and asks a WV notary to notarize it anyway. The notary should:

Accepted Answer

Refuse until the blanks are completed or lined through

Answer

Notarize it since blanks are the signer's responsibility

Answer

Fill in the blanks for the signer

Answer

Notarize but note the blanks in the certificate

Question 4

A non-attorney West Virginia notary who advertises notarial services in Spanish must include a statement that they:

Accepted Answer

Are not licensed to practice law and may not give legal advice

Answer

Are certified by the Secretary of State as a translator

Answer

Charge double fees for foreign-language documents

Answer

Can prepare immigration paperwork

Question 5

Which of the following actions would constitute the unauthorized practice of law by a WV notary?

Accepted Answer

Advising a signer which type of deed best protects their interests

Answer

Completing a notarial certificate

Answer

Asking the signer to state the type of notarization needed

Answer

Refusing to notarize a suspicious document

Question 6

A WV notary's employer demands they notarize a signature the notary did not witness and whose signer never appeared. The notary should:

Accepted Answer

Refuse, because personal appearance is required regardless of employer pressure

Answer

Comply because the employer directs their work

Answer

Comply if the employer signs a waiver

Answer

Comply but keep a private record of the objection

Question 7

If a West Virginia notary knowingly notarizes a forged signature, what consequences may follow?

Accepted Answer

Commission revocation plus possible civil and criminal liability

Answer

Only a written warning from the Secretary of State

Answer

A mandatory retraining course only

Answer

Nothing, if the document is later voided