Notary Public Exam Prohibited Acts and Penalties 2 — Questions and Answers
Question 1: Which type of penalty can a notary face for misconduct in most states?
- Only a verbal warning
- Administrative discipline, civil liability, and in serious cases criminal prosecution (Correct answer)
- Only loss of the surety bond
- Only a requirement to retake the exam
Correct answer: Administrative discipline, civil liability, and in serious cases criminal prosecution
Notary misconduct can trigger three layers of consequences: administrative action against the commission, civil lawsuits by injured parties, and criminal charges for offenses such as fraud or false certification.
Because a notary is a public officer, the commissioning authority can suspend or revoke the commission, deny renewal, or impose administrative fines. Separately, anyone harmed by the notary's negligence or wrongdoing can sue for damages, and the notary's bond and personal assets may be reached. Finally, serious violations such as knowingly notarizing a forged signature or issuing a false certificate are crimes in most states and can be charged as misdemeanors or felonies. A single act of misconduct can lead to all three types of penalties at once.
Question 2: A signer refuses to sign the notary's journal in a state that requires the signer's signature in the journal. What should the notary do?
- Complete the notarization anyway
- Refuse to perform the notarization until the required journal entry is completed (Correct answer)
- Sign the journal on the signer's behalf
- Skip the journal entry for this act only
Correct answer: Refuse to perform the notarization until the required journal entry is completed
Where state law requires the signer's journal signature, the entry is part of a lawful notarization. If the signer refuses, the notary should decline to proceed.
Some states, such as California, require the signer to sign the notary's journal for each act. Where that rule applies, the journal signature is not optional, and completing the act without it is a violation that can lead to discipline. The notary should explain that the signature is required by law and, if the signer still refuses, politely decline. The notary should never forge or fill in the signer's signature. In states without a signer-signature requirement, the notary should still complete every other required element of the journal entry.
Question 3: A notary suspects a document is fraudulent but the signer appears, is identified, and signs willingly. Which action is generally appropriate?
- The notary must notarize because all formal requirements are met
- The notary may refuse if there is a reasonable belief the transaction is unlawful or fraudulent (Correct answer)
- The notary should notarize but alter the document
- The notary should call the police before doing anything else
Correct answer: The notary may refuse if there is a reasonable belief the transaction is unlawful or fraudulent
Most states allow, and some require, a notary to refuse when they have reasonable grounds to believe the document is fraudulent or the signer is being coerced or does not understand the document.
While a notary must not refuse service arbitrarily, a notary is also not required to lend their official seal to a transaction they reasonably believe is illegal, fraudulent, or coerced. Many statutes list grounds for refusal, including doubt about the signer's competence, willingness, or identity, or a belief that the act is unlawful. The notary should not alter the document or investigate on their own; they should simply decline, and may note the refusal and the reason in the journal. If the situation suggests a crime in progress, contacting authorities may be appropriate, but that is a judgment call, not the first step.
Question 4: Which practice would most likely be treated as notary misconduct?
- Recording the type of identification used in the journal
- Allowing an employer to keep the notary's seal and use it while the notary is away (Correct answer)
- Refusing to notarize an incomplete document
- Asking the signer to confirm they understand the document
Correct answer: Allowing an employer to keep the notary's seal and use it while the notary is away
The seal is the notary's exclusive property and must be kept under the notary's sole control. Letting anyone else use it enables forged notarizations and is a violation.
Nearly every state provides that the notary seal belongs to the notary personally, not to the employer, even if the employer paid for it. The notary must keep the seal in a secure location accessible only to the notary, and surrender or destroy it when the commission ends. Allowing another person to use the seal, or leaving it where others can access it, can result in discipline and makes the notary responsible for any fraudulent use. The same rule applies to the journal and to electronic notary credentials such as digital certificates.
Question 5: A notary in many states may face discipline for which of the following related to the notarial certificate?
- Using a preprinted certificate that complies with state law
- Attaching a loose certificate without linking it to the specific document (Correct answer)
- Writing the venue as the county where the act took place
- Including the commission expiration date
Correct answer: Attaching a loose certificate without linking it to the specific document
A loose certificate must be securely attached and should reference the document (title, date, number of pages) so it cannot be moved to another document. Failing to do so invites fraud.
When a document lacks certificate wording, the notary attaches a separate loose certificate. To prevent that certificate from being detached and reattached to a different document, the notary should staple it to the document and describe the document on the certificate, such as its title, date, number of pages, and the names of other signers. Several states require this by law. A notary must never provide a loose certificate on its own, unattached, even to a trusted signer, because it can be used to create a forged notarization.
Question 6: Which of the following is generally NOT within a notary's authority?
- Administering an oath
- Taking an acknowledgment
- Certifying that a document is a true copy of a birth certificate held by a vital records office (Correct answer)
- Witnessing a signature where state law permits
Correct answer: Certifying that a document is a true copy of a birth certificate held by a vital records office
Vital records such as birth, death, and marriage certificates are certified only by the issuing agency. Most states prohibit notaries from certifying copies of these public records.
Certified copies of vital records and other publicly recordable documents must come from the custodian agency, such as a state or county vital records office. A notary who certifies a copy of a birth certificate is exceeding their authority, and in many states this is expressly prohibited. Some states permit notaries to certify copies of certain private documents, such as a diploma or a passport page, while others do not allow copy certification at all. Notaries must know which copy certifications, if any, their state authorizes.
Notary Public Exam Prohibited Acts and Penalties 2
Which type of penalty can a notary face for misconduct in most states?