Utah Notary Practice Test

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True or False: A notary is allowed to notarize documents that are under duress.

True
False
It depends on the circumstances
True, with a witness present

The correct answer is: False

The statement that a notary is allowed to notarize documents that are under duress is false. A key responsibility of a notary public is to ensure that the signing parties are acting willingly and without coercion. Duress refers to a situation where an individual is forced or threatened to act against their will, making any consent given in such circumstances not genuinely voluntary. When a notary performs their duties, they must confirm that the person signing the document is doing so freely and with a clear understanding of what they are signing. If there is any indication of duress, a notary should refuse to notarize the document. This requirement is designed to uphold the integrity of the notarization process, ensuring that all signed documents reflect the true intent of the parties involved. Therefore, notarizing documents under duress undermines the notarial function and could lead to legal challenges regarding the validity of the document.