Notarial Ethics

Question 1

A notary may notarize _____ documents but may not provide any legal advice pertaining to such document.

Answer 1

Immigration

Question 2

A notary cannot translate the term “notary” as “notario publico” in Spanish because

Answer 2

The term implies that the notary is a licensed attorney

Question 3

A notary must NOT perform any notarial acts in connection with a transaction where the notary

Answer 3

Has a direct financial interest in the transaction (unethical)

Question 4

A notary must NOT perform any notarial acts in connection with a real estate transaction when the notary public

Answer 4

Is a mortgagee listed on the document

Question 5

A notary that is not licensed by the State Bar must NOT

Answer 5

Draft a legal document

Question 6

A notary may advise a customer regarding whether to complete an acknowledgment in what situation?

Answer 6

NEVER - the notary should refer the customer to an attorney

Question 7

What are reasons a notary’s commission may be suspended?

Answer 7

Charging more than the allowable maximum statutory fees; failing to satisfy a court-ordered judgment; performing a known improper notarial act

Question 8

When can a notary turn away a customer?

Answer 8

When the document is incomplete. Notaries MAY turn away a customer if the document the customer wants to perform a notarial act on is not complete.

Question 9

The department may fine an individual up to what maximum amount for performing a single notarial act while the individual does NOT hold an active notarial commission?

Answer 9

$1,000

Question 10

What act by a notary may result in suspension of the notary’s commission?

Answer 10

Failing to provide a notarial journal or copy of the notarial journal to a government agency or customer requesting it.

Question 11

Civil misconduct by a notary may result in ___.

Answer 11

Fines

Question 12

The Department may suspend or revoke a notary’s commission if the notary

Answer 12

Fails to maintain a required bond of $10,000

Question 13

A notary may refuse to perform a notarial act if

Answer 13

He/she suspects the individual signing the record is not competent

Question 14

If a notary commits a crime, the Department may take what into consideration when determining whether to revoke or suspend the notary’s commission?

Answer 14

The notary’s past criminal records, harm the notary caused to others in committing the crime, letters of reference from individuals who know the notary well

Question 15

If the PA State Bar finds a notary illegally engaged in the practice of law, the notary MUST

Answer 15

Notify the department within 30 days of this occurring

Question 16

A notary may NOT perform a notarial act with respect to a record in which the following individual may receive a monetary benefit from the document signing:

Answer 16

The notary’s spouse
(Note: A notary may not perform notarial acts which might benefit the notary’s spuse)