MO Notary Notary Liability and Ethics 2 — Questions and Answers
Question 1: May a Missouri notary perform a notarial act on a document in which the notary has a direct financial or beneficial interest?
- Yes, as long as the notary discloses the conflict in the journal
- Yes, if the signer provides written consent to the conflict
- No, a notary must not notarize a document in which they have a direct interest (Correct answer)
- No, unless the notary is also an attorney licensed in Missouri
Correct answer: No, a notary must not notarize a document in which they have a direct interest
Missouri law prohibits a notary from performing a notarial act if the notary is a party to or has a direct financial interest in the underlying document or transaction.
Question 2: Is Errors and Omissions (E&O) insurance required for Missouri notary publics?
- Yes, it is required in addition to the surety bond
- Yes, but only for notaries who perform remote online notarizations
- No, E&O insurance is optional but strongly recommended (Correct answer)
- No, Missouri law prohibits notaries from purchasing E&O insurance
Correct answer: No, E&O insurance is optional but strongly recommended
E&O insurance is not required by Missouri law but is recommended because it protects the notary personally from claims that exceed or fall outside the surety bond.
Question 3: A Missouri notary's adult child asks the notary to notarize the child's signature on a real estate deed. What should the notary do?
- Proceed, since an adult child is legally independent from the notary
- Proceed only if the notary has no financial interest in the property
- Decline, as notarizing for an immediate family member creates a disqualifying conflict of interest (Correct answer)
- Proceed but use a different seal to indicate the familial relationship
Correct answer: Decline, as notarizing for an immediate family member creates a disqualifying conflict of interest
Missouri notaries should decline to notarize for immediate family members because the relationship creates a conflict of interest that undermines the impartiality required of a notary.
Question 4: A notary believes a document presented for notarization is being used to commit fraud. What is the correct ethical course of action?
- Complete the notarization but report the suspicion to law enforcement afterward
- Refuse to perform the notarization (Correct answer)
- Notarize the document and record the suspicion in the journal
- Contact the Secretary of State before deciding whether to proceed
Correct answer: Refuse to perform the notarization
A notary has both an ethical and legal obligation to refuse to participate in any transaction they believe involves fraud or illegality.
Question 5: Which ethical principle requires a Missouri notary to serve all eligible signers equally without discrimination?
- The principle of confidentiality
- The principle of impartiality (Correct answer)
- The principle of non-advocacy
- The principle of competency
Correct answer: The principle of impartiality
Impartiality requires a notary to serve all signers equally without discrimination based on race, religion, national origin, disability, or other protected characteristics.
Question 6: What is the potential criminal consequence for a Missouri notary who willfully makes a false entry in the notarial journal?
- A civil fine only, with no criminal exposure
- Commission revocation but no criminal charges
- Criminal prosecution for a misdemeanor or felony depending on the harm caused (Correct answer)
- A mandatory 30-day suspension of the notary commission
Correct answer: Criminal prosecution for a misdemeanor or felony depending on the harm caused
Willfully falsifying a notarial record in Missouri can constitute forgery or fraudulent notarization, which may be prosecuted criminally as a misdemeanor or felony.
Question 7: A notary is pressured by an employer to notarize a document the notary believes is improper. What ethical duty applies?
- The notary must comply since the employer has supervisory authority
- The notary must refuse, as the commission is personal and independent of any employer (Correct answer)
- The notary may comply once and then report the employer to the Secretary of State
- The notary should comply but note the coercion in the notarial journal
Correct answer: The notary must refuse, as the commission is personal and independent of any employer
A notary's commission is personal and not subject to employer control; the notary alone is responsible for all notarial acts and must refuse any improper notarization regardless of employer pressure.
MO Notary Notary Liability and Ethics 2
May a Missouri notary perform a notarial act on a document in which the notary has a direct financial or beneficial interest?