Notary Public Exam Duties & Responsibilities of a Notary 1 — Questions and Answers
Question 1: A notary is asked to notarize a document for a person who appears to be intoxicated. What is the notary's proper course of action?
- Proceed with the notarization since the document is legal
- Refuse to complete the notarization until the signer is sober and capable of understanding the act (Correct answer)
- Ask a witness to sign on behalf of the signer
- Complete the notarization but note the signer's condition in the journal
Correct answer: Refuse to complete the notarization until the signer is sober and capable of understanding the act
A notary must verify that a signer is mentally and physically capable of understanding the document and act being performed. An intoxicated person cannot give informed, voluntary consent, so the notary must refuse until the signer is in a competent state.
Question 2: Which of the following best describes the notary's duty of impartiality?
- A notary may give preference to clients who are repeat customers
- A notary must serve all eligible parties without favoritism or personal interest in the transaction (Correct answer)
- A notary can decline to serve anyone for any reason without explanation
- A notary should recommend legal strategies to parties they know well
Correct answer: A notary must serve all eligible parties without favoritism or personal interest in the transaction
Notaries are public officials who must remain neutral and serve all qualifying parties equally. Showing favoritism or having a personal financial interest in a transaction violates the duty of impartiality.
Question 3: When a notary completes a notarial act, what is their primary responsibility regarding the notarial certificate?
- Leave the certificate blank for the attorney to complete later
- Ensure the certificate accurately reflects the type of act performed, the date, and the notary's official information (Correct answer)
- Attach any certificate provided by the requesting party without review
- Use a generic certificate for all types of notarial acts
Correct answer: Ensure the certificate accurately reflects the type of act performed, the date, and the notary's official information
The notarial certificate is the official record of the act performed. The notary must ensure it is complete, accurate, and matches the type of notarial act (e.g., acknowledgment vs. jurat) actually performed.
Question 4: A notary is also a party named in the document they are being asked to notarize. What should the notary do?
- Notarize the document since they are familiar with its contents
- Recuse themselves and refer the signer to a disinterested notary (Correct answer)
- Complete the notarization but disclose the conflict in writing
- Notarize only the other signers' signatures, not their own
Correct answer: Recuse themselves and refer the signer to a disinterested notary
A notary who has a direct financial or personal interest in a document — including being named as a party — is disqualified from performing that notarial act. This prevents conflicts of interest and preserves the integrity of the notarization.
Question 5: What is a notary's responsibility when maintaining their official journal or record book?
- Record only transactions that involve real estate or large sums of money
- Keep a chronological record of every notarial act performed, including the type of act, date, and signer information (Correct answer)
- Store journal entries digitally and discard paper records immediately
- Share journal contents freely with any member of the public who requests it
Correct answer: Keep a chronological record of every notarial act performed, including the type of act, date, and signer information
Most states require notaries to maintain a sequential journal of all notarial acts as a safeguard against fraud and as an official record. This journal may be inspected by authorities and must be kept secure and complete.
Question 6: A signer presents an expired government-issued ID as proof of identity. How should the notary respond?
- Accept the ID since the photo still matches the signer's appearance
- Reject the expired ID and ask for a current, valid form of identification before proceeding (Correct answer)
- Proceed but note in the journal that the ID was expired
- Contact the issuing agency to verify the ID's original validity
Correct answer: Reject the expired ID and ask for a current, valid form of identification before proceeding
Notaries are required to verify identity using current, valid identification documents. An expired ID no longer meets the legal standard for acceptable proof of identity, regardless of whether the photo still resembles the signer.
Notary Public Exam Duties & Responsibilities of a Notary 1
A notary is asked to notarize a document for a person who appears to be intoxicated.
What is the notary's proper course of action?