California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is employed by a private company. Their supervisor instructs them to notarize a document for a client of the company, but to backdate the notarial certificate to reflect a prior date. What is the Notary's obligation?
- ARefuse to backdate the certificate and insist on using the current date of notarization.
- BComply with the supervisor's instruction to maintain employment.
- CBackdate the certificate but make a note in the journal explaining the situation.
- DBackdate the certificate only if the client also agrees to it.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to backdate the certificate and insist on using the current date of notarization.
A Notary Public must accurately record the date of the notarial act on the certificate. Backdating a certificate is a serious offense that can lead to penalties, including revocation of commission. The Notary's duty to uphold the law supersedes any employer's request.
Why the other options are wrong
- B. Complying with an illegal request, even from a supervisor, is a violation of Notary law and duties.
- C. Making a note does not legalize a prohibited act; backdating is a serious offense regardless of journal entries.
- D. Client agreement does not make an illegal act legal. Backdating remains prohibited.
Prohibition on Backdating Notarial Certificates
A California Notary Public must accurately record the actual date of the notarial act on the certificate. Backdating or postdating a certificate is strictly prohibited and constitutes official misconduct.
- Date on certificate must reflect actual date of notarization.
- Violation can lead to fines, suspension, or revocation.
- Notary's duty to law overrides employer's instructions.
Memory trick: The Notary's date must be honest and true, no matter what others tell you to do.