California Notary Public ExamNotary Public Duties and AuthorityEasy
A Notary Public is approached by a client requesting a notarization of a document. The client explicitly asks the Notary to backdate the notarial certificate to reflect an earlier date. What is the Notary Public's appropriate response?
- ARefuse to backdate the certificate as it is a prohibited act.
- BBackdate the certificate only if the original document was signed on the requested date.
- CBackdate the certificate but make a note in the journal explaining the client's request.
- DComply with the client's request if the client provides a valid reason for the backdating.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to backdate the certificate as it is a prohibited act.
Notary Publics are strictly prohibited from backdating or postdating any notarial certificates. The date on the certificate must accurately reflect the date the notarial act was performed. Any deviation is a violation of Notary law.
Why the other options are wrong
- B. The date on the certificate must be the date the Notary performed the act, not necessarily the document's signing date.
- C. Making a note does not legalize an illegal act; the act itself is prohibited.
- D. Complying with such a request is illegal and can lead to severe penalties for the Notary Public.
Prohibition on Backdating
A Notary Public must never backdate or postdate a notarial certificate. The date on the certificate must be the actual date the notarial act was performed.
- Notarial certificate date must reflect actual act date.
- Backdating/postdating is a serious violation.
- Can lead to fines and commission suspension/revocation.
Memory trick: Never Alter Dates, Notary's Strict Rule.