Notary Practice Test

Notary Ethics & Prohibited Acts Practice Questions

Ethics & Prohibited Acts makes up 10 of every 50 questions on a Tigertest Notary practice test. Here are 10 of the 40 questions on it, each with the answer and the reason.

Updated by the Tigertest team. Practice draws on model notary concepts. Model laws are not a substitute for your state’s enacted rules, official handbook or exam requirements.

  1. 1. A notary is selling her car and needs her own signature on the title transfer notarized. She should:

    • A.Notarize it herself and record it in her journal
    • B.Have a different notary perform the notarization
    • C.Notarize it herself since title forms are routine
    • D.Notarize it herself if a coworker watches her sign

    Answer: B. A notary may never notarize their own signature, so another notary must do it. Having a witness or a journal entry does not cure the conflict.

  2. 2. A notary's aunt is signing a deed that names the notary as the grantee receiving the property. May he notarize it?

    • A.Yes, if the aunt shows valid photo identification
    • B.Yes, because relatives may always notarize for family
    • C.Yes, as long as he charges no fee for it
    • D.No, because he is a party to the deed

    Answer: D. A notary who is a party to the transaction has a direct interest and must not notarize it. Good ID or a waived fee does not remove that interest.

  3. 3. A notary who is also a real estate agent will earn a commission when a sale closes. The seller asks the agent to notarize the deed. She should:

    • A.Decline and refer the seller to a disinterested notary
    • B.Notarize it, since the brokerage actually pays the commission
    • C.Notarize it if the buyer consents in writing
    • D.Notarize it but waive her usual notary fee

    Answer: A. A commission that depends on the deal closing is a direct financial interest, so the agent should not notarize. Waiving the notary fee does not change her stake in the sale.

  4. 4. A bank teller who is a notary receives a regular salary and notarizes loan papers for bank customers. Does the salary disqualify her?

    • A.Yes, unless the bank charges customers no fee
    • B.Only when the loan exceeds a state-set amount
    • C.No, a salary is not a disqualifying interest
    • D.Yes, any employer connection creates a conflict

    Answer: C. Receiving an ordinary salary from an employer is not a direct financial interest in the customer's transaction. The notary would be disqualified only if she personally stood to gain from the loan, such as being a party to it.

  5. 5. A signer worries that because the notary is charging the maximum fee set by state law, the notary is an interested party. In fact, that fee:

    • A.Makes the notary an interested party in every case
    • B.Creates an interest unless the notary waives it
    • C.Gives the notary no interest in the deal
    • D.Creates an interest only when paid in cash

    Answer: C. Being paid the standard notarial fee allowed by law is not a financial or beneficial interest in the document. An interest arises from a stake in the transaction itself, not from the fee for the notarial act.

  6. 6. A notary's adult son asks her to notarize his signature on a car loan in which she has no stake. What is the correct approach?

    • A.Check her state's law, which may forbid notarizing for relatives
    • B.Notarize it, because knowing her son proves his identity
    • C.Refuse, because relatives may never sign notarized documents
    • D.Notarize it, because every state allows notarizing for relatives

    Answer: A. Rules on notarizing for a spouse, parent or child vary by state, and many states prohibit it or treat it as a conflict. Personal knowledge proves identity but does not answer the conflict question.

  7. 7. A client asks a notary to notarize a trust amendment, and the notary notices she is named as a beneficiary. She should:

    • A.Notarize it if a second notary also signs
    • B.Notarize it, since trusts are not recorded publicly
    • C.Notarize it if she avoids reading the rest
    • D.Decline, due to her beneficial interest

    Answer: D. A notary who would benefit under the document has a beneficial interest and must not notarize it. Whether the document is recorded or how much she reads does not matter.

  8. 8. Which of these creates a disqualifying conflict of interest for a notary?

    • A.Earning a regular salary from the signer's bank
    • B.Being named as a grantee in the deed
    • C.Knowing the signer personally from church activities
    • D.Receiving the standard notary fee from the signer

    Answer: B. Being a party to the transaction, such as a grantee, is a direct interest that disqualifies the notary. Fees, salary and personal acquaintance are not interests in the transaction.

  9. 9. A signer asks a notary, who is not an attorney, whether a quitclaim deed or a warranty deed would better protect her. The notary should:

    • A.Pick whichever deed is most often recorded locally
    • B.Suggest she ask an attorney
    • C.Recommend the warranty deed as the safer choice
    • D.Explain the differences and let her decide

    Answer: B. Advising which deed to use or explaining the legal differences is the practice of law. Even explaining the options without picking one crosses into legal advice for a non-attorney notary.

  10. 10. A customer asks the notary to pick a power of attorney form for him and fill it in. The non-attorney notary should:

    • A.Prepare it for an added document preparation fee
    • B.Choose a form from a reputable website for him
    • C.Fill it in if the customer signs it later
    • D.Decline; that would be practicing law

    Answer: D. Selecting or preparing a legal document for someone else is unauthorized practice of law for a notary who is not an attorney. Charging a separate fee only makes the violation clearer.

Practice all 40 ethics & prohibited acts questions, and the rest of the 200-question bank, in the free Notary training sets. Questions you miss come back until you have mastered them.

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