NNA Ethics and Professional Responsibility Questions and Answers — Questions and Answers
Question 1: A non-attorney Notary is asked by a signer, "Should I get an acknowledgment or a jurat on this power of attorney?" Which of the following is the Notary's most ethical and responsible course of action?
- Advise the signer to contact the receiving agency or an attorney for guidance. (Correct answer)
- Choose the jurat because a power of attorney is a sworn statement.
- Select the acknowledgment because it is the most common type of notarization.
- Refuse the notarization because the signer is asking for legal advice.
Correct answer: Advise the signer to contact the receiving agency or an attorney for guidance.
A non-attorney Notary must not choose the type of notarial certificate for a signer, as this constitutes the unauthorized practice of law. The Notary may describe the different notarial acts, but the signer must make the choice. The most appropriate action is to refer the signer to the document's receiving agency or an attorney for advice on which notarial act is required.
Question 2: A Notary works for a real estate company and is asked to notarize the signatures of their boss on a sales contract. The Notary's compensation is a fixed hourly wage and they receive no commission or bonus related to the sale. According to the Notary Public Code of Professional Responsibility, which statement is true?
- The Notary may notarize the signature because they have no direct financial interest in the specific transaction beyond their regular salary. (Correct answer)
- The Notary must refuse because notarizing for an employer always constitutes a conflict of interest.
- The Notary can only proceed if another employee is present as a witness.
- The Notary must first get written permission from the state's commissioning official.
Correct answer: The Notary may notarize the signature because they have no direct financial interest in the specific transaction beyond their regular salary.
The Notary Public Code of Professional Responsibility states that an employed Notary may notarize for their employer as long as the Notary is not a party to the document and does not receive any financial benefit from the transaction other than their regular compensation and the statutory notarial fee. Since the Notary is paid an hourly wage and receives no direct commission from the sale, there is no disqualifying interest.
Question 3: Which of the following actions is a fundamental ethical duty required to uphold the Notary's role as an impartial witness?
- Refusing to notarize if the Notary has a strong personal disagreement with the content of a lawful document.
- Screening the signer for willingness and awareness of the transaction. (Correct answer)
- Charging a higher fee for a complex document that takes more time to review.
- Keeping a photocopy of every document notarized for personal protection.
Correct answer: Screening the signer for willingness and awareness of the transaction.
A core ethical responsibility of a Notary is to act as a barrier to fraud by carefully screening each signer. This includes ensuring the signer appears willing, aware of the document's significance, and is not acting under coercion or duress. Refusing based on disagreement with a lawful document's content is improper bias. Fees should not be based on document complexity, and keeping copies of documents is a breach of privacy.
Question 4: A Notary who is not an attorney advertises their services in a Spanish-language newspaper. To comply with NNA guidelines and the laws of many states, which of the following is a critical requirement for the advertisement?
- It must state that the Notary is a certified legal document preparer.
- It must include the Notary's commission expiration date.
- It must not use the term 'Notario Publico' and must include a disclaimer that the Notary is not an attorney. (Correct answer)
- It must list the fees for every type of notarial act allowed by the state.
Correct answer: It must not use the term 'Notario Publico' and must include a disclaimer that the Notary is not an attorney.
To prevent the unauthorized practice of law and protect consumers, particularly immigrants, many states have strict laws about advertising. The term 'Notario Publico' in many Latin American countries implies the authority of an attorney. Therefore, non-attorney Notaries advertising in other languages must avoid this term and include a specific disclaimer stating they are not licensed to practice law.
Question 5: According to Guiding Principle IX of the Notary Public Code of Professional Responsibility, which of the following is a breach of the Notary's duty to respect signer privacy?
- Recording the signer's address in the Notary journal as required by state law.
- Allowing a signer to see previous entries in the journal while they sign their own entry.
- Disclosing details of a notarization when compelled by a subpoena or court order.
- Selling a list of clients' names and addresses obtained from the journal to a marketing company. (Correct answer)
Correct answer: Selling a list of clients' names and addresses obtained from the journal to a marketing company.
Guiding Principle IX explicitly states, 'The Notary shall respect the privacy of each signer and not divulge or use personal or proprietary information disclosed during execution of a notarial act for other than an official purpose.' Selling this information for personal gain, such as to a marketing company, is a clear violation of this ethical duty. While signers should be prevented from seeing other entries, selling data is a more severe and direct breach of using information for a non-official purpose.
Question 6: A signer brings an elderly relative to a Notary to have a signature notarized on a document that transfers property. The relative appears confused, and the person who brought them is answering all the Notary's questions for them. What is the Notary's most responsible action?
- Notarize the document since the accompanying person seems to understand the transaction.
- Ask the accompanying person to leave the room to speak with the signer privately to assess their awareness. (Correct answer)
- Suggest adding a different notarial certificate to make the document more official.
- Proceed with the notarization but make a note in the journal about the signer's confusion.
Correct answer: Ask the accompanying person to leave the room to speak with the signer privately to assess their awareness.
A Notary has an ethical duty to assess that a signer is aware and willing. If there are signs of confusion, disorientation, or potential coercion, the Notary must take extra steps. The best practice is to politely ask to speak with the signer alone to directly assess their understanding and willingness without influence. If the Notary is not satisfied that the signer is competent and acting willingly, they must refuse the notarization.
NNA Ethics and Professional Responsibility Questions and Answers
A non-attorney Notary is asked by a signer, "Should I get an acknowledgment or a jurat on this power of attorney?" Which of the following is the Notary's most ethical and responsible course of action?