Free Duties & Responsibilities of a Notary Questions and Answers 2 — Questions and Answers
Question 1: A notary's MOST fundamental duty when performing any notarial act is to:
- Maximize fee income per transaction
- Advise the signer on the legal effect of the document
- Remain impartial and unbiased throughout the notarial act (Correct answer)
- Ensure the document is legally enforceable
Correct answer: Remain impartial and unbiased throughout the notarial act
A notary's core duty is to serve as an impartial, unbiased witness. The notary must not have a financial interest in the transaction or a conflict of interest that could compromise impartiality.
Question 2: A notary who notarizes a document without the signer being physically present (when RON is not authorized) has committed:
- A minor procedural oversight
- Absentee notarization, a serious violation that can result in criminal charges (Correct answer)
- An accepted alternative for elderly or disabled signers
- A permissible practice if the notary trusts the signer
Correct answer: Absentee notarization, a serious violation that can result in criminal charges
Notarizing without the signer's in-person presence (outside of authorized Remote Online Notarization) is a serious violation known as "absentee notarization," which can result in criminal charges, civil liability, and commission revocation.
Question 3: What is the notary's responsibility regarding the willingness of the signer?
- The notary has no duty to assess signer willingness
- The notary must confirm the signer is acting freely and without duress (Correct answer)
- Willingness is assumed if the signer shows up in person
- Willingness checks are only required for financial documents
Correct answer: The notary must confirm the signer is acting freely and without duress
The notary must confirm that the signer is acting willingly and is not under duress or undue influence. If the signer appears coerced or unable to act freely, the notary must refuse to proceed.
Question 4: A notary is performing a jurat. After the signer signs the document, the notary must:
- Simply stamp the document and sign
- Administer an oath or affirmation to the signer and complete the jurat certificate (Correct answer)
- Mail the document to the county recorder
- Verify the document's content for accuracy
Correct answer: Administer an oath or affirmation to the signer and complete the jurat certificate
For a jurat, the notary must administer an oath or affirmation to the signer at the time of signing, and the signer must sign in the notary's presence. Then the notary completes the jurat certificate.
Question 5: Which of the following is a duty a notary has with respect to their notary journal?
- Journals are optional and kept only for personal reference
- The notary must record each notarial act in a chronological journal as required by state law (Correct answer)
- Journals must be submitted to the state monthly
- Only real estate transactions require journal entries
Correct answer: The notary must record each notarial act in a chronological journal as required by state law
Most states require notaries to maintain a chronological journal of all notarial acts. The journal entry typically includes the date, type of act, name of signer, type of ID used, and the notary's fee.
Question 6: A notary's duty of impartiality means the notary must NOT:
- Charge any fee for notarial services
- Perform more than 5 notarial acts per day
- Notarize a document in which the notary is a named party or has a direct financial interest (Correct answer)
- Ask the signer for more than one form of ID
Correct answer: Notarize a document in which the notary is a named party or has a direct financial interest
A notary who is a party to, or has a direct financial interest in, the transaction being notarized violates the duty of impartiality. The notary must be a neutral third party.
Free Duties & Responsibilities of a Notary Questions and Answers 2
A notary's MOST fundamental duty when performing any notarial act is to: