ANSWERS:
1. Your boss asks you to notarize an important business document. One of the signers is a wealthy client. Your boss says not to ask for his ID. “He’s a VIP and I don’t want to offend him,” the boss says.
A. I do as my boss asks.
B. Sorry, no can do!
ANSWER: B. A Notary cannot waive a notarization requirement simply because it might inconvenience or offend an important client, customer or benefactor of the Notary’s employer or obligation. What’s more, if the person making the request is your boss, you might suggest that it’s improper to ask you to ignore any identification requirements in state law.
2. A customer brings you a document from another state. You notice the venue section on the notarial certificate has the wrong state listed. “Can you just fix it?” the customer asks. “I was told not to attach anything else to the document.”
A. I do as the customer asks.
B. Sorry, no can do!
ANSWER: A. Yes, in this situation you can correct the error in the notarial certificate wording. You could line through the incorrect venue information, write in the correct state and initial and date the correction.
However, it’s important to remember that as a Notary, you may only correct errors in the notarial certificate wording — you are not authorized to correct errors in the main body of the document.
3. A neighbor asks if you can notarize a loan document. “Can I ask you a question?” he says. “If I sign this, will I get into legal trouble if the loan doesn’t go through?”
A. I answer the neighbor’s question.
B. Sorry, no can do!
ANSWER: B. Notaries who are not attorneys cannot answer a signer’s legal questions about a document. Doing so may lead to fines, loss of commission or even jail time for the unauthorized practice of law. It’s also prohibited for nonattorney Notaries to advise a customer how to prepare or complete a document — Notaries are not even allowed to choose a type of notarial act on a signer’s behalf.
Even answering seemingly harmless questions like, “How do I fill in this section?” or “What kind of notarization is required for this type of form?” could get you into serious trouble. If a signer has questions about a document, they should contact the agency that issued the document or that will receive it. Or the signer can contact a qualified attorney who can answer legal questions about the document.
4. One of your co-workers stops by your desk. “Hey, can I borrow your Notary seal?” she asks. “I need to process some forms quickly. Your boss said it’s OK since the company paid for your commission.”
A. I lend my co-worker my seal.
B. Sorry, no can do!
ANSWER: B. It is fraud and a criminal act for anyone other than the Notary to use their Notary seal. A seal is not a business tool that can be shared around the workplace — even if your employer paid for your Notary commission or tools. Any person who unlawfully uses your seal could potentially be subject to fines, jail time or both. You also could be subject to legal penalties. For these reasons, your seal must remain under your direct and exclusive control at all times.
David Thun is an Associate Editor at the National Notary Association.