Notary Exam Notary Ethics and Misconduct

Question 1

What constitutes 'notarial misconduct'?

Accepted Answer

Performing notarial acts improperly, illegally, or without proper authority

Answer

Charging the maximum allowable state fee

Answer

Refusing a notarization without a valid reason

Answer

Using a journal for record keeping

Question 2

What is 'unauthorized practice of law' (UPL) as it applies to notaries?

Accepted Answer

Providing legal advice, selecting documents, or drafting legal instruments without a law license

Answer

Notarizing any legal document

Answer

Charging fees for notarial services

Answer

Keeping official records of notarial acts

Question 3

A notary who notarizes a document without the signer being personally present has committed what offense?

Accepted Answer

False or fraudulent notarization

Answer

A minor technical violation

Answer

Negligent notarization only

Answer

A clerical error that can be corrected

Question 4

For what lawful reasons may a notary refuse to perform a notarization?

Accepted Answer

The signer cannot provide satisfactory identification or appears to be under duress

Answer

The notary dislikes the type of document

Answer

The notary is too busy to help

Answer

The signer is of a different nationality

Question 5

What are the potential consequences of notary fraud in the United States?

Accepted Answer

Consequences vary and can include fines, commission revocation, civil liability, and criminal charges

Answer

A small administrative fine only

Answer

Only loss of the notary commission

Answer

No legal consequences exist for notaries

Question 6

Under what circumstance should a notary refuse to notarize even if the signer has proper identification?

Accepted Answer

If the signer appears to be under duress or coercion

Answer

If the notary dislikes the type of document

Answer

If the document is more than ten pages long

Answer

If the signer does not speak English