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Prohibited Acts and Misconduct Flashcards

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  1. A Rhode Island notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?

    Answer: Refuse to perform the notarization because of a direct beneficial interest

    A notary may not notarize a document in which the notary has a direct beneficial or financial interest.

  2. Which of the following actions by a non-attorney Rhode Island notary constitutes the unauthorized practice of law?

    Answer: Advising a client which type of deed best protects their interests

    Giving legal advice, such as recommending a document type, is unauthorized practice of law for a non-attorney notary.

  3. A signer's spouse presents a document already signed by the absent signer and asks for notarization. The notary should:

    Answer: Refuse because the signer must personally appear before the notary

    Personal appearance of the signer at the time of notarization is required; notarizing without it is misconduct.

  4. A Rhode Island notary who is not an attorney advertises notary services in Spanish. Which practice is prohibited?

    Answer: Using the literal translation "notario publico" without required disclaimers

    Using "notario publico" is misleading because it implies attorney-like authority in many Spanish-speaking countries, so it is restricted without proper disclaimers.

  5. A notary's employer instructs her to backdate a notarial certificate to match a contract date. The notary should:

    Answer: Refuse, because a certificate must state the actual date of the notarial act

    Falsifying the date of a notarization is fraud, regardless of employer instructions.

  6. Which situation would generally require a Rhode Island notary to refuse the notarization?

    Answer: The signer appears heavily intoxicated and cannot understand the document

    A notary must refuse when the signer appears to lack the awareness or competence to understand the transaction.

  7. A notary lends his official stamp to a trusted coworker to "finish up" notarizations while he is on vacation. This is:

    Answer: Prohibited, since only the commissioned notary may use the official stamp

    The official stamp may be used only by the notary to whom it was issued, and it must be kept secure.