Notarial Misconduct: Influencing a Notary Public

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Questions and Answers

Which action constitutes a violation related to influencing a notary public?

  • Influencing a notary public to omit required information from their official journal. (correct)
  • Asking a notary public for clarification on the necessary steps for document authentication.
  • Advising a notary public on the best practices for maintaining confidentiality of client information.
  • Requesting a notary to expedite the notarization process to meet a deadline.

What is the legal consequence for coercing a notary public into performing an improper act?

  • No legal consequence, as long as no direct harm results from the act.
  • A misdemeanor charge. (correct)
  • A civil penalty.
  • A felony charge.

Which scenario exemplifies the coercion of a notary public related to their official journal?

  • Advising a notary to use a specific type of binding for their journal to ensure longevity.
  • Providing a notary with software to help them digitally manage and secure their journal entries.
  • Consulting a notary about the appropriate method for correcting errors in their journal entries.
  • Pressuring a notary to backdate an entry in their official journal to align with a client's request. (correct)

What action would be considered an improper notarial act if a person influences a notary to perform it?

<p>Completing a certificate of acknowledgment without the signer appearing before the notary. (C)</p> Signup and view all the answers

Under what circumstances is influencing a notary public considered a misdemeanor?

<p>When the influence aims to persuade the notary to perform an act, knowing it to be improper. (A)</p> Signup and view all the answers

Which scenario illustrates a violation concerning the modification of a notary's journal entry?

<p>Pressuring a notary to alter a completed journal entry to reflect a change in a document's details after notarization. (A)</p> Signup and view all the answers

What distinguishes a violation related to notarial acts from a legitimate request of a notary public?

<p>A violation involves influencing a notary to perform an act, knowing it to be improper, whereas a legitimate request seeks lawful and ethical service. (B)</p> Signup and view all the answers

When does a request to a notary public become 'coercion' or 'influence' in an illegal sense?

<p>When the request involves pressuring the notary to perform an act that violates their legal and ethical duties. (C)</p> Signup and view all the answers

How does the law protect the integrity of the official journal maintained by a notary public?

<p>By making it a misdemeanor to coerce or influence a notary to tamper with or falsify journal entries. (C)</p> Signup and view all the answers

What is the primary purpose of laws that prohibit influencing a notary public to perform an improper act?

<p>To maintain the integrity and reliability of notarized documents and the notarial process. (D)</p> Signup and view all the answers

Flashcards

Improper Notarial Acts

It is a misdemeanor to solicit, coerce, or influence a notary public to perform an improper notarial act.

Examples of Violations

Completing a false certificate, influencing incorrect journal entries, or preventing required journal entries are violations.

Coercion of a Notary

Pressuring a notary to act improperly, manipulate records, or omit information in their official duties.

Misdemeanor

A crime punishable by law, less serious than a felony.

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Study Notes

  • Soliciting, coercing, or influencing a notary public to perform an improper notarial act, knowing it to be improper, is a misdemeanor.
  • This includes acts related to maintaining the official journal.
  • Violations include coercing or influencing a notary to:
    • Complete a false certificate of acknowledgment or jurat
    • Not enter required information in the official journal
    • Enter false information in the official journal
    • Falsely modify a journal entry

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