WY Notary Notary Public Ethics and Professional Conduct 1 — Questions and Answers
Question 1: What is the primary duty of a Wyoming notary public?
- To serve as an impartial witness and deter fraud in document signings (Correct answer)
- To provide legal advice to document signers
- To certify the accuracy and legality of document contents
- To represent signers in legal proceedings
Correct answer: To serve as an impartial witness and deter fraud in document signings
A notary's primary duty is to serve as an impartial, unbiased witness to document signings in order to deter fraud and forgery.
Question 2: May a Wyoming notary notarize a document in which they have a direct financial interest?
- No, notarizing documents in which the notary has a direct financial interest is prohibited (Correct answer)
- Yes, if they disclose the conflict in writing
- Yes, as long as another notary reviews the document
- No, unless permitted by the document preparer
Correct answer: No, notarizing documents in which the notary has a direct financial interest is prohibited
A notary must be impartial and may not notarize documents in which they hold a direct financial or beneficial interest.
Question 3: What should a Wyoming notary do if they reasonably believe a document is fraudulent?
- Refuse to perform the notarization (Correct answer)
- Complete the notarization and report it later
- Ask the signer to sign a disclaimer and proceed
- Contact the document recipient before deciding
Correct answer: Refuse to perform the notarization
A notary who reasonably suspects fraud or that the signer is acting under duress must refuse to perform the notarial act.
Question 4: Is a Wyoming notary required to provide notarial services to every person who requests them?
- No, a notary may refuse for lawful, non-discriminatory reasons such as suspicion of fraud (Correct answer)
- Yes, a notary must serve all requesters without exception
- Yes, refusal is grounds for commission revocation
- No, a notary may refuse any request without giving a reason
Correct answer: No, a notary may refuse for lawful, non-discriminatory reasons such as suspicion of fraud
A notary may refuse a notarization for lawful reasons such as suspected fraud, incomplete documents, or inability to verify the signer's identity, but may not discriminate unlawfully.
Question 5: What constitutes 'notarial misconduct' in Wyoming?
- Performing a notarial act in a manner that is fraudulent, dishonest, or violates Wyoming law (Correct answer)
- Charging a fee above the posted schedule
- Performing notarizations outside normal business hours
- Using a personal stamp design instead of the state standard
Correct answer: Performing a notarial act in a manner that is fraudulent, dishonest, or violates Wyoming law
Notarial misconduct includes any fraudulent, dishonest, or unlawful act performed in connection with official notarial duties.
Question 6: Unless they are also a licensed attorney, may a Wyoming notary practice law?
- No, a notary who is not an attorney may not give legal advice or prepare legal documents (Correct answer)
- Yes, notaries are authorized to draft simple contracts
- Yes, but only for documents they will also notarize
- No, but they may explain the purpose of a notarial act
Correct answer: No, a notary who is not an attorney may not give legal advice or prepare legal documents
Non-attorney notaries are strictly prohibited from practicing law, which includes drafting legal documents or advising signers on legal matters.
WY Notary Notary Public Ethics and Professional Conduct 1
What is the primary duty of a Wyoming notary public?