Legal Requirements and Guidelines Flashcards

A Georgia notary is asked to notarize a document in which they have a direct financial interest. The notary should:

Answer: Decline to notarize the document

A notary with a direct financial interest in a document has a conflict of interest and must refuse to notarize it to preserve the required impartiality.

What is a 'subscribing witness' in Georgia notarial practice?

Answer: A person who witnesses a signing and then appears before a notary to swear the signature is genuine

A subscribing witness is someone who observes a document being signed, then appears before a notary and swears or affirms that they witnessed the signing.

Under Georgia law, if a signer is physically unable to sign their name, the notary may:

Answer: Witness the signer making a mark such as an 'X' as their signature

Georgia law allows a signer to make a mark (such as an X) in lieu of a signature, and the notary may witness and notarize that mark.

If a Georgia notary's seal impression is illegible on a document, the best course of action is to:

Answer: Re-affix the seal clearly on the document or complete a new notarial certificate

A legible seal impression is required for a valid notarization; if the seal is unclear, the notary should re-stamp it or issue a new notarial certificate on a corrected document.

Regarding notarizing a will in Georgia, which statement is most accurate?

Answer: A notary may witness will signatures, but notarization alone does not make a will self-proving

Georgia wills require witnesses but not necessarily a notary; however, a self-proving will requires both witnesses and a notarized affidavit confirming proper execution.

Which of the following statements about Georgia notary liability is correct?

Answer: A notary can be held civilly liable for damages caused by their negligent or improper notarial act

Georgia notaries can face civil liability for damages resulting from negligence or misconduct in performing notarial acts, in addition to potential criminal penalties.

A Georgia notary is asked by a client to use their title 'Notario' on documents for Spanish-speaking clients. The notary should:

Answer: Refuse, because 'Notario' implies legal authority comparable to a Latin American notary

The title 'Notario' implies a Latin-American civil-law notary with extensive legal powers; using it in the U.S. misleads Spanish speakers and may constitute the unauthorized practice of law.