California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is employed by a large law firm. The firm provides all notarial supplies and a dedicated office space for the Notary. A client of the firm requests a notarization for a personal document unrelated to the firm's business during the Notary's working hours. The Notary may:
- ANotarize the document, provided the Notary does not charge a fee for the service.
- BRefuse to notarize the document, as it is not related to the firm's business.
- CNotarize the document, provided the Notary is compensated by the firm for their time.
- DNotarize the document, provided the Notary performs the act as a public officer without preference.
Show answer & explanationAnswer & explanation
Correct answer: D. Notarize the document, provided the Notary performs the act as a public officer without preference.
A Notary Public is a public officer and must make their services available to the public without discrimination or preference, even if employed by a private entity. The employer cannot restrict the Notary's public duties.
Why the other options are wrong
- A. The Notary is entitled to charge the statutory fee for any notarial act, regardless of their employer.
- B. A Notary Public cannot refuse service solely because it's unrelated to their employer's business.
- C. While the firm might compensate them, the act itself must be performed as a public duty, not bound by employer restrictions.
Notary as Public Officer
A Notary Public is a public officer whose duties are to serve the public. Employers cannot restrict a Notary's ability to perform lawful notarial acts for the public.
- Notaries serve the public, not just their employer.
- Services must be available without discrimination.
- Employer cannot prohibit public notarial acts.
Memory trick: Public Service First, Employer's Request Second.