NH Notary NH Notary Prohibited Acts and Liability 1 — Questions and Answers
Question 1: Which act is strictly prohibited for a NH notary public?
- Notarizing a document in which the notary has a direct financial or beneficial interest (Correct answer)
- Charging a fee for every notarial act performed
- Refusing to notarize a document the notary finds personally objectionable
- Maintaining a journal of all notarial acts
Correct answer: Notarizing a document in which the notary has a direct financial or beneficial interest
A notary is prohibited from notarizing a document in which they have a direct financial or beneficial interest, as this creates a conflict of interest.
Question 2: May a NH notary notarize a document for their own spouse?
- It is strongly discouraged and may constitute improper conduct due to conflict of interest (Correct answer)
- Yes, provided the notary charges the standard fee
- Yes, spouses are specifically exempted from disqualification rules
- Only if the spouse has proper photo ID
Correct answer: It is strongly discouraged and may constitute improper conduct due to conflict of interest
Notarizing for a spouse or immediate family member creates a conflict of interest and is strongly discouraged; in many circumstances it constitutes improper notarial conduct.
Question 3: A NH notary is asked to certify that a photograph is a true likeness of a person. Is this a permitted notarial act?
- No, certifying a photo likeness is not among the notarial acts authorized under NH law (Correct answer)
- Yes, photo certification is a standard notarial service
- Yes, if the notary personally knows the person in the photo
- Only for passport photos
Correct answer: No, certifying a photo likeness is not among the notarial acts authorized under NH law
Certifying a photograph as a true likeness is not an authorized notarial act in NH; notaries may only perform acts expressly authorized by law.
Question 4: What is the consequence for a NH notary who willfully notarizes a document knowing the signer's signature is forged?
- Commission revocation, civil liability, and potential criminal prosecution for fraud (Correct answer)
- Only a written warning for a first offense
- A fine of up to $50 with no other consequences
- Automatic suspension for 30 days
Correct answer: Commission revocation, civil liability, and potential criminal prosecution for fraud
Willful false notarization of a forged document constitutes fraud, subjecting the notary to commission revocation, civil liability, and criminal prosecution.
Question 5: Is a NH notary permitted to prepare legal documents for clients in connection with their notarial services?
- No, unless the notary is also a licensed attorney, preparing legal documents constitutes the unauthorized practice of law (Correct answer)
- Yes, document preparation is a natural extension of notarial services
- Yes, but only for real estate documents
- Yes, if the client signs a waiver
Correct answer: No, unless the notary is also a licensed attorney, preparing legal documents constitutes the unauthorized practice of law
Notaries who are not licensed attorneys may not prepare legal documents for others; doing so constitutes unauthorized practice of law.
Question 6: A NH notary who advertises as a 'Notario Publico' to Spanish-speaking clients implies what false authority?
- That the notary has the legal authority of a Latin-American notario, which includes practicing law (Correct answer)
- That the notary is fluent in Spanish
- That the notary serves only Spanish-speaking clients
- That the notary specializes in immigration documents
Correct answer: That the notary has the legal authority of a Latin-American notario, which includes practicing law
In Latin American countries, a 'notario' has extensive legal authority including the practice of law; advertising as such in the U.S. misleads immigrants into thinking the notary can provide legal advice.
NH Notary NH Notary Prohibited Acts and Liability 1
Which act is strictly prohibited for a NH notary public?