D&L-Obligations and Limitations Flashcards
(19 cards)
What is a general rule regarding a notary public’s involvement in matters of personal interest?
A notary public cannot certify to, or act in, a matter in which the notary has a personal interest.
Can a notary notarize their own signature?
No, a notary should never notarize their own signature under any circumstances.
What is the most important obligation of a notary to the public?
To judge what acts constitute the practice of law and what acts constitute the practice of a notary public.
What should a notary do if asked to perform a notarial act that requires legal advice?
The notary should always obtain the advice of an attorney unless they have special education and training.
When should a notary perform a notarization of a document in a foreign language?
Only if the notary has a thorough understanding of the foreign language.
What should a notary do if the parties to a document do not understand English?
Refer the parties to another notary who speaks their language, a foreign consulate, or an attorney.
What should a notary avoid regarding a person’s competency?
The notary should avoid deciding whether a person is sufficiently competent to understand the agreement they are signing.
What is the consequence if a person is declared incompetent at the time of notarization?
The agreement could be declared null and void.
What is required for an individual to have a document notarized?
The individual must personally appear before the notary public.
Is notarization over the telephone allowed?
No, notarization over the telephone is absolutely forbidden.
Who may perform notarization for remotely located individuals?
Commissioned remote online notaries public.
Can a notary who is not a licensed attorney engage in the practice of law?
No, a notary who is not a licensed attorney may not engage in the practice of law.
What could happen if a notary assists someone in preparing legal papers?
Such acts may constitute the unauthorized practice of law.
Who cannot act as a notary public relative to a document in which they have an interest?
One who has a beneficial interest in the document.
Can a notary public take the oath of a co-partner in a matter of partnership interest?
No, a partner cannot act as a notary public in that situation.
Can a notary who is an officer of a corporation take acknowledgments for that corporation?
Yes, a notary who is an officer, employee, or shareholder may take acknowledgments for the corporation.
Does mere relationship to a party disqualify a notary from notarizing documents?
No, mere relationship does not disqualify a notary.
What should a notary ensure before notarizing a document?
The notary should be absolutely satisfied that what they are certifying is true and correct.
What should a notary check if the notarial certificate indicates a corporate seal?
The notary should check to ensure the seal is attached.
