Prohibited Acts and Ethics Flashcards

A non-attorney New Mexico notary is asked to help a customer choose which immigration form to file. The notary should:

Answer: Decline, because assisting with immigration form selection is legal advice she cannot give

Advising on immigration matters or selecting forms constitutes the practice of law, which non-attorney notaries are prohibited from doing.

After completing a notarization, a notary realizes the signer left the original document behind. The signer requests it back, but the notary's employer says to hold it until an unpaid invoice is settled. The notary should:

Answer: Return the document, because a notary may not withhold a person's original document

A notary may not refuse to return or withhold an original document that belongs to the signer, even under employer pressure.

A notary discovers that the acknowledgment certificate she signed yesterday shows the wrong county. What is the ethical way to handle it?

Answer: Correct the certificate herself with the signer's cooperation as needed, never letting someone else alter it

Only the notary who performed the act may correct her own certificate; allowing others to alter it or ignoring the error is improper.

Which of these is an example of official misconduct by a New Mexico notary?

Answer: Signing a certificate stating a person appeared before her when the person never did

Falsely certifying an appearance is a fraudulent official act, whereas refusing to act when legal requirements are unmet is proper conduct.

A notary is asked to notarize a document written entirely in a language she cannot read, though she can communicate with the signer in English. The best practice is to:

Answer: Ensure she can communicate directly with the signer and the certificate is in a language she understands, or decline

The concern is direct communication with the signer and understanding the notarial certificate itself, not the language of the underlying document.

A notary's commission expired last week, but a rush closing is scheduled today. If she notarizes anyway, she is:

Answer: Acting without authority, which can bring civil and criminal consequences

Performing notarial acts with an expired commission is acting without legal authority and exposes the notary to liability and penalties.

A real estate agent asks a notary to 'pre-sign and pre-stamp' several blank acknowledgment certificates to speed up future closings. The notary should:

Answer: Refuse, because certificates may only be executed at the time of an actual notarial act

Signing or sealing blank certificates in advance is prohibited because each certificate must reflect a completed notarial act.