California Notary Public ExamNotary Public Duties and AuthorityHard
A Notary Public is employed by a law firm. A partner in the firm asks the Notary to notarize a document for a client. The Notary realizes that the document is incomplete. The partner insists that the Notary proceed, stating it's a firm policy to notarize documents as presented. What should the Notary do?
- AComplete the document's blanks based on verbal instructions from the partner, then notarize.
- BNotarize the document as requested by the partner to adhere to firm policy.
- CRefuse to notarize the document, explaining that notarizing incomplete documents is prohibited by law.
- DNotarize the document, but include a detailed explanation in the journal about the partner's instruction.
Show answer & explanationAnswer & explanation
Correct answer: C. Refuse to notarize the document, explaining that notarizing incomplete documents is prohibited by law.
A Notary Public's primary duty is to uphold California Notary law, which prohibits notarizing incomplete documents. Firm policy or supervisor instruction does not override this legal obligation. The Notary acts as a public officer, not just an employee.
Why the other options are wrong
- A. Filling in blanks for others is generally the unauthorized practice of law, and doing so on an incomplete document compounds the violation.
- B. Adhering to an unlawful firm policy does not excuse a Notary from legal violations.
- D. A journal entry does not legalize a prohibited act; the Notary would still be liable for notarizing an incomplete document.
Notary's Independent Duty
A Notary Public is a public officer whose duties are prescribed by law. They must act impartially and adhere to state statutes, even when employer instructions or client demands conflict with legal requirements.
- Notaries are not employees of their employer for notarial acts.
- Must prioritize California Notary law over company policy or supervisor's requests.
- Acting under duress from an employer is not a valid defense for violations.
- Impartiality and public protection are paramount.
Memory trick: Law First, Employer Second.