- Missouri Notary Prohibited Acts and Misconduct Questions and Answers Flashcards

A Missouri notary suspects that a document being presented for notarization may be fraudulent. What is their obligation?

Answer: Refuse to perform the notarization

If a Missouri notary has reasonable grounds to suspect fraud, they must refuse to perform the notarization.

Is it misconduct for a Missouri notary to advertise their services using the Spanish term 'Notario Publico'?

Answer: Yes — the term can mislead immigrants into thinking the notary has legal authority similar to a Latin American 'notario'

Using the term 'Notario Publico' or similar foreign-language equivalents can mislead immigrants into thinking the notary has broader legal authority, which constitutes deceptive advertising.

A Missouri notary is asked to notarize a blank document. What should they do?

Answer: Refuse to notarize the document

A Missouri notary must refuse to notarize a blank or substantially incomplete document because it creates an opportunity for fraud.

Can a Missouri notary provide immigration advice to clients?

Answer: No — providing immigration advice is unauthorized practice of law

Providing immigration advice constitutes unauthorized practice of law, which Missouri notaries are strictly prohibited from doing.

What must a Missouri notary do if they are named as a party in a lawsuit related to their notarial acts?

Answer: Notify their surety bond company and consider retaining an attorney

A notary named in a lawsuit should notify their surety bond company and consider retaining an attorney to respond to the legal action.

Under Missouri law, can a notary charge a fee that exceeds the statutory maximum?

Answer: No — charging more than the statutory maximum is a violation of Missouri law

Charging fees in excess of the statutory maximum is a violation of Missouri notary law and constitutes misconduct.