WV Notary Legal and Ethical Responsibilities 3

Question 1

A WV notary is asked to certify that a photocopy of a birth certificate is a 'true copy.' The notary should:

Accepted Answer

Refuse, because vital records copies must be certified by the issuing agency

Answer

Certify the copy since notaries can copy-certify anything

Answer

Certify it only if the original is present

Answer

Certify it and charge a reduced fee

Question 2

During a notarization, the signer appears heavily sedated and cannot answer basic questions about the document. The WV notary should:

Accepted Answer

Decline the notarization because the signer lacks apparent awareness

Answer

Proceed if a family member vouches for the signer

Answer

Proceed because judging capacity is a court's job

Answer

Have the signer initial each page instead of signing

Question 3

A West Virginia notary discovers their journal and stamp were stolen from their car. Their ethical and legal obligation is to:

Accepted Answer

Promptly notify the Secretary of State of the loss or theft

Answer

Order a new stamp and continue working

Answer

Wait 90 days to see if the items are returned

Answer

Notify only their employer

Question 4

Which situation is a permissible notarization for a West Virginia notary?

Accepted Answer

Notarizing for a stranger with valid ID who appears in person at the notary's office

Answer

Notarizing a document in which the notary is named as a party

Answer

Notarizing the notary's own signature on an affidavit

Answer

Notarizing a signature faxed in by a longtime client

Question 5

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:

Accepted Answer

A violation, because identity must be verified for every notarial act

Answer

Acceptable because the clients are known to the company

Answer

Acceptable if disclosed in the journal

Answer

Acceptable if the bonus is under $5

Question 6

A WV notary is asked to backdate a notarial certificate by two days so a contract meets a deadline. Doing so would be:

Accepted Answer

A false certificate, exposing the notary to penalties

Answer

Permitted if both parties consent in writing

Answer

Permitted for deadlines outside the notary's control

Answer

Permitted if noted in the journal

Question 7

Who is legally responsible for the accuracy and lawfulness of a notarial act performed by a commissioned WV notary employed by a bank?

Accepted Answer

The notary personally, even when acting for an employer

Answer

The bank only

Answer

The Secretary of State

Answer

The document signer