AL Notary Acknowledgments and Jurats 2 — Questions and Answers
Question 1: What distinguishes an oath from an affirmation in Alabama notarial practice?
- An oath is a solemn pledge invoking a higher power; an affirmation is a secular pledge (Correct answer)
- An affirmation requires a Bible while an oath does not
- An oath is only used for government documents
- There is no legal distinction between the two
Correct answer: An oath is a solemn pledge invoking a higher power; an affirmation is a secular pledge
An oath invokes a divine or religious authority, while an affirmation is a solemn secular declaration that carries the same legal weight.
Question 2: An Alabama notary is asked to complete an acknowledgment for a corporation. Who must appear before the notary?
- An authorized officer or agent of the corporation (Correct answer)
- All corporate shareholders
- The registered agent listed with the Secretary of State
- Any employee of the corporation
Correct answer: An authorized officer or agent of the corporation
For a corporate acknowledgment, an authorized officer or agent must personally appear and acknowledge signing on behalf of the corporation.
Question 3: In Alabama, a notary who completes a jurat must administer the oath:
- Verbally, in the presence of the signer (Correct answer)
- In writing only
- Via telephone if the signer is unavailable
- After the document has been filed with the court
Correct answer: Verbally, in the presence of the signer
The oath or affirmation in a jurat must be administered verbally and in the physical presence of the signer.
Question 4: Which document type most commonly uses a jurat in Alabama?
- Affidavits (Correct answer)
- Real estate deeds
- Vehicle titles
- Wills
Correct answer: Affidavits
Affidavits are sworn statements and therefore require a jurat, which includes an oath and a signature made before the notary.
Question 5: An Alabama notary may NOT complete a notarial act if:
- The signer is unable to communicate with the notary (Correct answer)
- The document is more than 10 pages long
- The signer is under 18 years of age
- The document will be used in another state
Correct answer: The signer is unable to communicate with the notary
If the notary cannot communicate with the signer to verify identity and willingness, the notarial act cannot be legally completed.
Question 6: When is it appropriate for an Alabama notary to use the phrase 'sworn to and subscribed before me'?
- When completing a jurat for an affidavit or sworn statement (Correct answer)
- When completing an acknowledgment for a deed
- When witnessing a will
- When certifying a copy of a document
Correct answer: When completing a jurat for an affidavit or sworn statement
The phrase 'sworn to and subscribed before me' is the standard jurat language used when the signer takes an oath and signs in the notary's presence.
AL Notary Acknowledgments and Jurats 2
What distinguishes an oath from an affirmation in Alabama notarial practice?