Ethics, Fraud Prevention, and Recognizing Improper Requests
Ethics, Fraud Prevention, and Improper Requests
This domain tests judgment: recognizing red flags, refusing improper requests, and protecting the integrity of the notarial act. The notary is a gatekeeper against fraud, not a rubber stamp.
Red flags
- A signer who cannot explain the document or appears confused or coerced.
- A document with blanks that someone wants sealed 'to fill in later.'
- A pre-signed or pre-sealed certificate bearing the notary's name.
- An ID that looks altered, expired, or does not match the signer.
- A request to backdate, skip the journal, or notarize without appearance.
- Someone else signing for the signer, or a signer who refuses to sign in the notary's presence.
- Pressure to hurry, offers of extra money, or requests to ignore required steps.
Ethical duties
The notary must be impartial, verify identity, require appearance, administer required oaths, complete the certificate truthfully, and keep records. The notary should refuse any request that would require a false certificate. The notary is not required to investigate the truth of the document, but must not participate in a known fraud. If fraud is suspected, the notary should decline, document the refusal in the journal where appropriate, and consider reporting to the commissioning authority or law enforcement.
Worked example
A courier presents a deed already signed and a notarial certificate already stamped with a notary's seal. The notary is asked to 'just sign it.' The correct response is to refuse. The signer is not present, identity cannot be verified, and using another notary's seal is forgery. The notary should require the signer to appear, perform the act personally, and use only the notary's own seal and certificate.
Traps
- Believing 'the client is always right' when the request is unlawful.
- Notarizing a blank or incomplete document.
- Accepting a pre-filled certificate as a convenience.
- Failing to document a refusal or suspicious ID.