WV Notary Notarial Acts and Procedures 1 — Questions and Answers
Question 1: What must a notary public verify before performing an acknowledgment?
- The signer’s personal background and credit history
- That the signer personally appeared before the notary (Correct answer)
- The signer's signature on the document matches their driver's license
- That the document is typed in black ink
Correct answer: That the signer personally appeared before the notary
Before performing an acknowledgment, a notary public must verify that the signer personally appeared before them at the time of the notarization. This ensures the notary can properly identify the signer and witness their voluntary signature. Without personal appearance, the notary cannot truthfully attest to the acknowledgment in the notarial certificate.
Question 2: Which of the following is NOT a required component of a notarial certificate?
- The notary’s signature
- The date and location of the notarization
- The type of notarial act performed
- The signer's social security number (Correct answer)
Correct answer: The signer's social security number
A notarial certificate typically includes the notary’s signature, seal, the date and location of the notarization, and the type of notarial act performed. However, a signer's social security number is private information and is not a required component of a standard notarial certificate. Notaries should only collect information necessary to complete the notarial act and comply with state law.
Question 3: When performing a jurat, what must a notary ensure?
- The signer acknowledges that they are signing voluntarily
- The signer swears or affirms that the contents of the document are true (Correct answer)
- The document is notarized in the presence of two witnesses
- The document is signed in blue ink
Correct answer: The signer swears or affirms that the contents of the document are true
When performing a jurat, a notary must ensure that the signer swears or affirms, under penalty of perjury, that the contents of the document are true. The notary then certifies that the signer appeared, took the oath or affirmation, and signed the document in the notary's presence. This act is distinct from an acknowledgment, which only verifies the signature and voluntary signing.
Question 4: What should a notary do if a document does not contain a notarial certificate?
- Create a notarial certificate on a separate piece of paper
- Refuse to notarize the document (Correct answer)
- Contact the document's issuer to obtain a notarial certificate
- Notarize the document without a notarial certificate
Correct answer: Refuse to notarize the document
A notary public cannot perform a notarial act without an appropriate notarial certificate, which specifies the type of act performed (e.g., acknowledgment, jurat) and contains the notary's official information. If a document lacks a notarial certificate, the notary should refuse to notarize it until the signer provides or selects the correct notarial wording. Notaries are prohibited from choosing the type of notarial act for the signer.
Question 5: When should a notary public record a notarial act in their journal?
- Only if the document is a legal contract
- After the notarial act is completed (Correct answer)
- Before the notarial act begins
- Only if requested by the signer
Correct answer: After the notarial act is completed
Notaries are generally required to record all notarial acts in their journal immediately after the notarial act is completed. This ensures that the journal entry is accurate and complete, documenting essential details such as the date, type of act, signer's identity, and any fees charged. Prompt recording helps maintain a reliable record and deters fraud.
WV Notary Notarial Acts and Procedures 1
What must a notary public verify before performing an acknowledgment?