RI Notary Prohibited Acts and Misconduct 2 — Questions and Answers
Question 1: A Rhode Island notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?
- Refuse to perform the notarization because of a direct beneficial interest (Correct answer)
- Perform it but note the interest in the certificate
- Perform it if a witness is present
- Charge a reduced fee to offset the conflict
Correct answer: Refuse to perform the notarization because of a direct beneficial interest
A notary may not notarize a document in which the notary has a direct beneficial or financial interest.
Question 2: Which of the following actions by a non-attorney Rhode Island notary constitutes the unauthorized practice of law?
- Advising a client which type of deed best protects their interests (Correct answer)
- Completing a notarial certificate on a signed document
- Administering an oath to an affiant
- Certifying a copy of a document when permitted
Correct answer: Advising a client which type of deed best protects their interests
Giving legal advice, such as recommending a document type, is unauthorized practice of law for a non-attorney notary.
Question 3: A signer's spouse presents a document already signed by the absent signer and asks for notarization. The notary should:
- Refuse because the signer must personally appear before the notary (Correct answer)
- Notarize it if the spouse vouches for the signature
- Notarize it if the spouse shows the signer's ID
- Notarize it and note the signer's absence
Correct answer: Refuse because the signer must personally appear before the notary
Personal appearance of the signer at the time of notarization is required; notarizing without it is misconduct.
Question 4: A Rhode Island notary who is not an attorney advertises notary services in Spanish. Which practice is prohibited?
- Using the literal translation "notario publico" without required disclaimers (Correct answer)
- Listing the fees charged for notarial acts
- Stating the notary's commission expiration date
- Offering services in more than one language
Correct answer: Using the literal translation "notario publico" without required disclaimers
Using "notario publico" is misleading because it implies attorney-like authority in many Spanish-speaking countries, so it is restricted without proper disclaimers.
Question 5: A notary's employer instructs her to backdate a notarial certificate to match a contract date. The notary should:
- Refuse, because a certificate must state the actual date of the notarial act (Correct answer)
- Comply since the employer holds legal responsibility
- Comply if the difference is fewer than 30 days
- Leave the date blank for the employer to fill in
Correct answer: Refuse, because a certificate must state the actual date of the notarial act
Falsifying the date of a notarization is fraud, regardless of employer instructions.
Question 6: Which situation would generally require a Rhode Island notary to refuse the notarization?
- The signer appears heavily intoxicated and cannot understand the document (Correct answer)
- The signer is elderly and signs slowly
- The document is written in a language the notary can identify but the signer understands
- The signer uses a wheelchair
Correct answer: The signer appears heavily intoxicated and cannot understand the document
A notary must refuse when the signer appears to lack the awareness or competence to understand the transaction.
Question 7: A notary lends his official stamp to a trusted coworker to "finish up" notarizations while he is on vacation. This is:
- Prohibited, since only the commissioned notary may use the official stamp (Correct answer)
- Acceptable if the coworker is also a notary
- Acceptable with the employer's written approval
- Acceptable if the notary reviews the documents later
Correct answer: Prohibited, since only the commissioned notary may use the official stamp
The official stamp may be used only by the notary to whom it was issued, and it must be kept secure.
RI Notary Prohibited Acts and Misconduct 2
A Rhode Island notary is asked to notarize a deed in which the notary is named as the grantee.
What must the notary do?