Notary Liability and Ethics Flashcards

May a Missouri notary perform a notarial act on a document in which the notary has a direct financial or beneficial interest?

Answer: No, a notary must not notarize a document in which they have a direct interest

Missouri law prohibits a notary from performing a notarial act if the notary is a party to or has a direct financial interest in the underlying document or transaction.

Is Errors and Omissions (E&O) insurance required for Missouri notary publics?

Answer: No, E&O insurance is optional but strongly recommended

E&O insurance is not required by Missouri law but is recommended because it protects the notary personally from claims that exceed or fall outside the surety bond.

A Missouri notary's adult child asks the notary to notarize the child's signature on a real estate deed. What should the notary do?

Answer: Decline, as notarizing for an immediate family member creates a disqualifying conflict of interest

Missouri notaries should decline to notarize for immediate family members because the relationship creates a conflict of interest that undermines the impartiality required of a notary.

A notary believes a document presented for notarization is being used to commit fraud. What is the correct ethical course of action?

Answer: Refuse to perform the notarization

A notary has both an ethical and legal obligation to refuse to participate in any transaction they believe involves fraud or illegality.

Which ethical principle requires a Missouri notary to serve all eligible signers equally without discrimination?

Answer: The principle of impartiality

Impartiality requires a notary to serve all signers equally without discrimination based on race, religion, national origin, disability, or other protected characteristics.

What is the potential criminal consequence for a Missouri notary who willfully makes a false entry in the notarial journal?

Answer: Criminal prosecution for a misdemeanor or felony depending on the harm caused

Willfully falsifying a notarial record in Missouri can constitute forgery or fraudulent notarization, which may be prosecuted criminally as a misdemeanor or felony.

A notary is pressured by an employer to notarize a document the notary believes is improper. What ethical duty applies?

Answer: The notary must refuse, as the commission is personal and independent of any employer

A notary's commission is personal and not subject to employer control; the notary alone is responsible for all notarial acts and must refuse any improper notarization regardless of employer pressure.