Prohibited Acts and Ethics Flashcards

A Nevada notary is presented with a real estate deed for notarization. The notary is also the real estate agent for the transaction and will receive a commission from the sale. According to Nevada law, what is the correct course of action for the notary?

Answer: Refuse to notarize the document because the notary has a direct financial interest in the transaction.

NRS 240.065(1)(b) prohibits a notary public from performing a notarial act if they will receive a commission, fee, advantage, right, title, interest, property, or other consideration in excess of the authorized notarial fee directly from the transaction. Receiving a real estate commission qualifies as such a conflict of interest.

Which of the following actions constitutes the unauthorized practice of law by a Nevada notary who is not an attorney?

Answer: Advising a client to use an acknowledgment certificate instead of a jurat certificate for their document.

A non-attorney notary is prohibited from choosing the type of notarial certificate for a signer, as this constitutes giving legal advice. The signer must decide whether they need an acknowledgment, jurat, or other notarial act.

A signer brings a pre-signed contract to a notary and asks for the notarization to be dated for the previous day, when the contract was actually signed. What is the notary's ethical and legal obligation?

Answer: Refuse to backdate the notarial certificate and insist on using the current date of the notarial act.

A Nevada notary must use the date on which the notarial act was actually performed. Knowingly and willfully backdating or post-dating a notarial certificate is a serious prohibited act. The date in the certificate must correspond to the date the signer appeared before the notary.

A Nevada notary who is not a licensed attorney wants to advertise their services in a Spanish-language newspaper. According to NRS 240.085, which of the following is strictly prohibited in the advertisement?

Answer: Using the phrase 'Notario Público' to describe their services.

NRS 240.085 explicitly prohibits a non-attorney notary from using the term 'notario,' 'notario publico,' 'licenciado,' or any equivalent non-English term because it can mislead the public into believing the notary is an attorney.

A notary is asked to notarize a document for an elderly individual who seems confused and does not appear to understand the content or significance of the document they are signing. The signer's relative is present and insists the notarization proceed. What is the most appropriate ethical action for the notary to take?

Answer: Halt the notarization until the notary is confident the signer is aware and acting willingly.

While Nevada law does not explicitly require a notary to determine a signer's understanding, a core ethical duty is to ensure the signer is acting willingly and is not being coerced. If a notary has a reasonable belief that the signer is confused, incapacitated, or under duress, the notary should refuse to proceed with the notarization to prevent potential fraud or abuse.

Under which circumstance is a Nevada notary permitted to notarize a document?

Answer: When the document is for the notary's sibling.

NRS 240.065 prohibits a notary from performing a notarial act if the person whose signature is to be notarized is a relative. However, a sibling is specifically listed as a type of relative for whom a notary *may* perform a notarial act, provided the notary has no other disqualifying interest. Notarizing a document with blank spaces, notarizing one's own signature, or stamping a document without a notarial certificate are all prohibited acts.