Free Duties & Responsibilities of a Notary Questions and Answers — Questions and Answers
Question 1: Which of the following is a core duty of a Notary Public?
- Providing legal advice about the document being signed
- Verifying the identity of document signers (Correct answer)
- Ensuring the document is legally enforceable
- Filing the notarized document with the court
Correct answer: Verifying the identity of document signers
Verifying the identity of document signers is one of the most fundamental duties of a Notary Public. By confirming who is signing, the notary helps prevent fraud and ensures the document's integrity. Notaries are not authorized to give legal advice, determine legal enforceability, or file documents with courts.
Question 2: A notary discovers that a signer appears to be under duress. What should the notary do?
- Proceed with the notarization since it is not the notary's concern
- Ask the signer to sign faster to avoid further pressure
- Refuse to complete the notarization (Correct answer)
- Contact the person applying the pressure and ask them to leave
Correct answer: Refuse to complete the notarization
A notary has a duty to confirm that the signer is acting freely and voluntarily. If a signer appears to be under duress — meaning they are being coerced or pressured — the notary must refuse to complete the notarization. Notarizing a document signed under duress could make the notary complicit in an improper act.
Question 3: How should a notary handle a request to notarize a document with blank spaces?
- Fill in the blanks themselves to complete the document
- Ignore the blanks if the signer says they will fill them in later
- Refuse to notarize until all blanks are completed or crossed out (Correct answer)
- Proceed as long as the signer initials next to each blank
Correct answer: Refuse to notarize until all blanks are completed or crossed out
A notary should refuse to notarize a document that contains blank spaces, because those spaces could be filled in after the notarization with unauthorized content — potentially altering the document's meaning. All blanks should be completed by the appropriate parties or struck through before the notarization takes place.
Question 4: What is a notary's responsibility regarding keeping a notary journal?
- Journals are optional and only recommended in some states
- Many states require notaries to maintain a chronological journal of all notarial acts (Correct answer)
- Journals are only required for real estate transactions
- Only electronic notaries are required to keep journals
Correct answer: Many states require notaries to maintain a chronological journal of all notarial acts
Many states require notaries to maintain an official journal (also called a notary register or log) that records every notarial act they perform. This journal serves as a permanent record of notarizations, provides legal protection for the notary if a transaction is later disputed, and may be subpoenaed as evidence in legal proceedings.
Question 5: A notary is asked to notarize a document for a close family member. What is the best practice?
- Proceed since the notary knows the family member's identity well
- Decline, as notarizing for family members can create a conflict of interest (Correct answer)
- Notarize only if the family member provides two forms of ID
- Notarize only real estate documents, not financial ones
Correct answer: Decline, as notarizing for family members can create a conflict of interest
Best practice — and in many states, the law — discourages or prohibits notaries from notarizing documents for close family members. Because a notary must be an impartial, disinterested third party, any personal relationship or financial interest in the transaction can compromise that impartiality and expose the notary to liability.
Question 6: Which of the following is NOT a responsibility of a Notary Public?
- Confirming the signer is present in person
- Verifying the signer's willingness to sign
- Guaranteeing the legal validity of the document's content (Correct answer)
- Applying their official seal to completed notarial acts
Correct answer: Guaranteeing the legal validity of the document's content
A notary is NOT responsible for guaranteeing the legal validity or accuracy of a document's content. The notary's role is procedural: verifying identity, confirming willingness, witnessing the signing, and applying their seal. The parties themselves — and their attorneys — are responsible for ensuring the document's content is lawful and accurate.
Free Duties & Responsibilities of a Notary Questions and Answers
Which of the following is a core duty of a Notary Public?