Prohibited Acts and Penalties Flashcards
6 cards from real Notary Public Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Prohibited Acts and Penalties flashcards as text
A notary who is not an attorney is asked by a signer which type of deed to use. What should the notary do?
Answer: Decline to advise and suggest the signer consult an attorney
Advising a signer on which legal document to use is giving legal advice, which is the unauthorized practice of law for a non-attorney notary.
Which of the following is a prohibited act for a notary in virtually every state?
Answer: Notarizing a document when the signer is not physically or, where permitted, electronically present
Personal appearance of the signer before the notary is a fundamental requirement. Notarizing without the signer present is one of the most serious violations a notary can commit.
A notary is asked to notarize a document in which the notary is named as a beneficiary. What is the correct action?
Answer: Refuse, because the notary has a disqualifying financial or beneficial interest
A notary may not notarize a document in which they have a direct financial or beneficial interest. The notary must be an impartial witness.
Which of the following is generally considered a false certificate?
Answer: A certificate stating the signer personally appeared when the signer did not
A false certificate contains a statement the notary knows to be untrue, such as claiming personal appearance, identification, or an oath that never occurred. Issuing one is a serious offense.
A non-attorney notary advertises in Spanish using the term 'notario publico'. Why is this a problem in many states?
Answer: In many Latin American countries a notario is a highly trained legal professional, so the term misleads the public into thinking the notary can give legal advice
Because a notario publico in many civil-law countries is an attorney-like official, several states prohibit non-attorney notaries from using the term or require a disclaimer that they are not attorneys.
A notary notarizes a document but leaves the certificate undated and unsigned so the signer can 'fill it in later'. Which best describes this conduct?
Answer: A prohibited incomplete certificate that undermines the notarization
A notary must complete the certificate at the time of the act, including the date and signature. Leaving it blank invites fraud and is a violation in every state.