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Misconduct & Prohibited Acts

Which sentence from the booklet most directly supports the idea that taking acknowledgments without the signer appearing is serious misconduct?

A

"County clerk shall make a proper record of commissions."

B

"The practice of taking acknowledgments and affidavits over the telephone... without the actual, personal appearance... is illegal."

C

"A married woman may acknowledge as if unmarried."

D

"A duplicate identification card may be issued for $10."

Official source: Notary Public License Law (March 2026)

Reference: Misconduct & Prohibited Acts

Source checked September 7, 2026

✓

Correct Answer

B. "The practice of taking acknowledgments and affidavits over the telephone... without the actual, personal appearance... is illegal."

Detailed Explanation

Personal appearance is foundational, not optional. In the booklet's 'Professional Conduct' section, it states that taking acknowledgments or affidavits over the telephone or otherwise without actual personal appearance is illegal. For contrast, harmless clerical matters like duplicate cards or filing records do not define the misconduct rule itself.

Misconduct & Prohibited Acts Question #386
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