WY NOTARY Prohibited Acts and Misconduct Questions and Answers — Questions and Answers
Question 1: A Wyoming notary is asked to notarize a real estate deed. The notary's spouse is a co-signer on the loan for the property being sold and will receive a portion of the proceeds. Which of the following is the correct action for the notary to take?
- Notarize the document, as the notary is not a named party in the deed.
- Refuse to notarize the document due to a direct beneficial interest. (Correct answer)
- Proceed with the notarization but note the spousal relationship in the journal entry.
- Ask the spouse to leave the room during the notarization to remove the conflict.
Correct answer: Refuse to notarize the document due to a direct beneficial interest.
Wyoming statute § 32-3-123(a)(i) prohibits a notarial officer from performing a notarial act with respect to a record in which the officer's spouse or civil partner has a direct beneficial interest. Because the spouse will receive proceeds from the sale, a direct beneficial interest exists, and the notary must refuse.
Question 2: A non-attorney Wyoming notary is fluent in Spanish and advertises their services in a local Spanish-language newspaper. Which of the following actions constitutes a prohibited act?
- Advertising notarial services in a language other than English.
- Including a schedule of the maximum fees allowed by Wyoming law in the advertisement.
- Using the term "Notario Publico" in the advertisement to attract Spanish-speaking clients. (Correct answer)
- Listing their hours of availability for performing notarial acts.
Correct answer: Using the term "Notario Publico" in the advertisement to attract Spanish-speaking clients.
Wyoming statute § 32-3-123(d) explicitly prohibits a notary public who is not an attorney from using the term "notario" or "notario publico". This is to prevent misleading the public into believing the notary can provide legal advice, as the term implies in many other countries.
Question 3: Which of the following actions by a Wyoming notary constitutes the unauthorized practice of law?
- Informing a signer of the maximum fee for an acknowledgment before performing the act.
- Advising a client on which type of power of attorney form is best for their situation. (Correct answer)
- Refusing to notarize a document because the signer appears to be under duress.
- Administering an oath to a signer for a jurat.
Correct answer: Advising a client on which type of power of attorney form is best for their situation.
According to Wyoming statute § 32-3-123(b)(i), a notary commission does not authorize an individual to assist persons in drafting legal records or give legal advice. Advising on the appropriate type of legal document, such as a power of attorney, is considered giving legal advice and is a prohibited act for a non-attorney notary.
Question 4: A client presents a complex financial document to a Wyoming notary and asks the notary to "look it over and make sure it's all legal" before notarizing the signature. What is the notary's proper response?
- Charge an extra fee for the legal review service.
- Read the document to ensure it is lawful and accurate before notarizing.
- Explain that the notary is prohibited from attesting to the lawfulness or accuracy of a document and can only notarize the signature. (Correct answer)
- Notarize the signature but add a disclaimer in the journal that the notary did not verify the document's content.
Correct answer: Explain that the notary is prohibited from attesting to the lawfulness or accuracy of a document and can only notarize the signature.
Wyoming statute § 32-3-123(a)(vi) prohibits a notarial officer from investigating, ascertaining, or attesting to the lawfulness, propriety, accuracy, or truthfulness of a record. The notary's duty is to perform the notarial act on the signature, not to validate the content of the document.
Question 5: A Wyoming notary is convicted of a felony for tax evasion. According to Wyoming law, what is the notary's required action regarding their commission?
- Continue notarizing as long as the felony was not related to their notarial duties.
- Immediately surrender their notary stamp and journal to the county clerk.
- Wait until their commission renewal to disclose the conviction to the Secretary of State.
- Notify the Secretary of State in writing within thirty (30) days of the conviction. (Correct answer)
Correct answer: Notify the Secretary of State in writing within thirty (30) days of the conviction.
Wyoming statute § 32-3-122(c) requires a notary public who is convicted of or pleads guilty or no contest to a felony or a crime involving fraud, dishonesty, or deceit to notify the Secretary of State by written notice within thirty days of the conviction or plea. This conviction is grounds for the Secretary of State to revoke the commission.
Question 6: A Wyoming notary performs a single notarial act (an acknowledgment) for a client. The maximum fee allowed by statute is $10.00. The notary traveled 10 miles to meet the client and agreed upon a travel fee beforehand. The notary also made a photocopy of the client's ID for their records. Which fee breakdown would be considered misconduct?
- Charging $15.00 total and itemizing it as "Notary and Travel Fee".
- Charging $20.00 total, itemized as $10.00 for the notarial act and $10.00 for travel.
- Charging $10.00 for the notarial act and not charging for travel or the copy.
- Charging $25.00 total, itemized as $15.00 for the notarial act and $10.00 for travel. (Correct answer)
Correct answer: Charging $25.00 total, itemized as $15.00 for the notarial act and $10.00 for travel.
Charging more than the maximum statutory fee for a notarial act is prohibited. Wyoming law sets the maximum fee per notarial act at $10.00. While a separate travel fee can be charged if agreed upon in advance, the fee for the notarization itself cannot exceed the statutory limit. Charging $15.00 for the notarial act is overcharging and constitutes misconduct.
WY NOTARY Prohibited Acts and Misconduct Questions and Answers
A Wyoming notary is asked to notarize a real estate deed.
The notary's spouse is a co-signer on the loan for the property being sold and will receive a portion of the proceeds.
Which of the following is the correct action for the notary to take?