Question 1

What prohibited act occurs when a notary drafts a legal document for a signer and charges a fee for that service?

Accepted Answer

This constitutes the unauthorized practice of law (UPL). Notaries are not permitted to prepare legal documents unless they are licensed attorneys.

Question 2

A client asks a notary to explain which type of deed they should use to transfer property. What prohibited act would it be if the notary answers?

Accepted Answer

Providing legal advice is the unauthorized practice of law. Notaries must decline to recommend specific legal instruments and refer clients to a licensed attorney.

Question 3

What term describes the offense committed when a notary who is not an attorney tells a client what legal options they have in a dispute?

Accepted Answer

Unauthorized practice of law (UPL). Advising clients on legal matters is strictly reserved for licensed attorneys.

Question 4

May a non-attorney notary prepare immigration forms for compensation in most U.S. states?

Accepted Answer

No. Preparing immigration forms for compensation is considered the unauthorized practice of law in most states and is prohibited for non-attorney notaries.

Question 5

What is the prohibited act called when a notary completes a notarial certificate without the signer being physically present?

Accepted Answer

This is called an improper or false notarization (also known as notarizing in absentia). The signer's physical presence—or authorized remote appearance—is required for a valid notarization.

Notary Public Exam: Prohibited Acts

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