Key Takeaways
- Never notarize for yourself, your spouse, or when you have financial interest
- Always verify identity - never assume or take shortcuts
- Complete certificates fully and accurately before the signer leaves
- Do not provide legal advice or fill in blanks on legal documents
- Trust your instincts - refuse if something seems wrong
Last updated: January 2026
Avoiding Common Problems
Most notary misconduct results from carelessness, taking shortcuts, or misunderstanding the role. Here is how to avoid common problems.
Personal Appearance Violations
| Problem | Prevention |
|---|---|
| Notarizing without signer present | Always require personal appearance |
| Telephone or mail notarizations | Never perform - always in person |
| Video call (non-RON) notarization | Only with approved RON platform |
| "I'll get their signature later" | All elements must be present |
Identity Verification Failures
| Problem | Prevention |
|---|---|
| Not examining ID carefully | Look at photo, signature, expiration |
| Accepting invalid ID | Know what IDs are acceptable |
| Skipping ID for familiar people | Still verify - use personal knowledge rules |
| Ignoring signs of fraud | Trust instincts, request additional ID |
Certificate Errors
| Problem | Prevention |
|---|---|
| Leaving blanks | Complete all information before signer leaves |
| Backdating certificates | Always use current date |
| Using wrong certificate type | Know acknowledgment vs. jurat |
| Incomplete information | Check all required fields |
Conflict of Interest Mistakes
| Problem | Prevention |
|---|---|
| Notarizing for spouse | Always decline |
| Documents benefiting self | Always decline |
| Employer pressure to notarize | Know when to refuse |
| Financial interest situations | Recognize and refuse |
Exceeding Authority
| Problem | Prevention |
|---|---|
| Giving legal advice | Say "I cannot give legal advice" |
| Helping fill out forms | Say "I cannot help with document content" |
| Recommending documents | Refer to an attorney |
| Explaining legal effects | Stay in notary role |
| Immigration services | Refer to immigration attorney |
Proper Refusal Situations
A notary should refuse when:
| Situation | Reason |
|---|---|
| Signer not present | Personal appearance required |
| Cannot identify signer | Satisfactory evidence required |
| Signer appears incapacitated | Must understand and consent |
| Signs of coercion | Must be voluntary |
| Document is incomplete | Cannot notarize blanks |
| Conflict of interest | Prohibited by law |
| Signer cannot communicate | Must confirm identity/willingness |
How to Refuse Professionally
- Be polite but firm
- Explain the legal requirement (not personal choice)
- Suggest alternatives when possible
- Document the refusal in your journal
Sample language: "I'm sorry, but Oregon law requires [specific requirement]. I cannot complete this notarization without [what is needed]."
Record-Keeping Best Practices
| Practice | Benefit |
|---|---|
| Complete journal entries immediately | Accuracy and completeness |
| Keep journal secure | Prevent tampering |
| Retain records properly | Compliance and protection |
| Document refusals | Evidence of proper conduct |
On the Exam
- Personal appearance: Always required
- Identity verification: Never skip
- Complete certificates: Before signer leaves
- Know when to refuse: Protect yourself and the public
- Stay in scope: No legal advice, no form help
Test Your Knowledge
A regular customer asks you to notarize a document and says "You know me, skip the ID check." What should you do?
A
B
C
D
Test Your Knowledge
A signer asks you to explain what the power of attorney document means. What is the correct response?
A
B
C
D