Free Notary Public Questions and Answers 1 — Questions and Answers
Question 1: What must a notary do if a document presented for notarization has blank spaces?
- Notarize it and note the blanks in the journal
- Fill in the blanks themselves based on verbal instructions
- Refuse to notarize until all blanks are completed or crossed out (Correct answer)
- Attach a rider explaining that the blanks were unintentional
Correct answer: Refuse to notarize until all blanks are completed or crossed out
A notary should refuse to notarize a document containing blank spaces that are intended to be completed. Blank spaces could be filled in fraudulently after notarization, changing the meaning of the document. The signer should complete or strike through all blanks before notarization proceeds.
Question 2: A signer presents an expired driver's license as identification. What should the notary do?
- Accept it if the photo still looks like the signer
- Accept it as long as it expired within the past 12 months
- Decline to accept it and request a current, unexpired photo ID (Correct answer)
- Notarize with a written note that the ID was expired
Correct answer: Decline to accept it and request a current, unexpired photo ID
A notary should not accept an expired ID because it no longer reliably confirms the holder's current identity or that the photo represents their current appearance. The notary should ask for a current, unexpired government-issued photo ID. If the signer cannot provide one, the notary must decline to notarize unless the state allows alternative methods such as credible witness identification.
Question 3: Under what circumstances may a notary lawfully refuse to provide notarial services?
- When the signer is of a different nationality than the notary
- When the document is written in a foreign language
- When there are signs of fraud, coercion, or the notary cannot verify identity (Correct answer)
- When the notary disagrees with the purpose of the document
Correct answer: When there are signs of fraud, coercion, or the notary cannot verify identity
A notary may lawfully refuse notarial services when they cannot verify the signer's identity, when there are signs of fraud or coercion, when the document contains blanks, when the signer is not present (for acts requiring personal appearance), or when the notary has a disqualifying conflict of interest. A notary may NOT refuse based on race, religion, gender, national origin, or other protected characteristics.
Question 4: What is a conflict of interest that would disqualify a notary from performing a notarial act?
- The notary knows the signer socially
- The notary is listed as a beneficiary in the document being notarized (Correct answer)
- The notary previously notarized documents for the same signer
- The notary works in the same building as the signer
Correct answer: The notary is listed as a beneficiary in the document being notarized
A notary has a disqualifying conflict of interest when they are a named party to the document, have a direct financial or beneficial interest in the transaction, or are signing as an agent or attorney-in-fact for someone else in the same transaction. Impartiality is fundamental to the notary's role, and any personal stake in the document's outcome disqualifies the notary.
Question 5: What is the correct wording in a notarial certificate called?
- Apostille
- Attestation clause
- Notarial certificate (Correct answer)
- Affidavit
Correct answer: Notarial certificate
The notarial certificate contains the "venue" (state and county where the notarization takes place), the body language describing the type of notarial act (acknowledgment, jurat, etc.), the date, and the notary's signature, seal, and commission expiration date. Certificates are often pre-printed on forms or attached as an allonge if the document lacks space.
Question 6: If a signer is unable to sign their name due to a physical disability, what option does a notary have?
- The notary may sign the document on behalf of the signer
- Notarization cannot proceed if the signer cannot sign
- The signer may make a mark or have another person sign at their direction, per state rules (Correct answer)
- The document must be sent to a court clerk for special processing
Correct answer: The signer may make a mark or have another person sign at their direction, per state rules
Most states allow a signer who cannot sign due to a physical disability to make a mark (such as an X) in the presence of the notary and witnesses, or to direct another person to sign on their behalf. The notary must document this accommodation. Some states also permit electronic or remote methods for accessibility. The notary should know their state's specific rules for signature by mark.
Free Notary Public Questions and Answers 1
What must a notary do if a document presented for notarization has blank spaces?