MN Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: In Minnesota, what does it mean for a notarial act to be 'in the notary's presence'?
- The signer and notary are in the same physical location at the time of notarization (Correct answer)
- The notary reviews the document remotely via email
- The notary witnesses the document being drafted
- The signer mails the document to the notary for stamping
Correct answer: The signer and notary are in the same physical location at the time of notarization
Traditional notarization in Minnesota requires the signer to be physically present before the notary at the time the notarial act is performed.
Question 2: Under Minnesota's Remote Online Notarization (RON) law, how is 'presence' satisfied?
- Through real-time audio-visual communication technology (Correct answer)
- By a signed affidavit from the signer
- By telephone confirmation
- By a notarized statement from a witness
Correct answer: Through real-time audio-visual communication technology
Minnesota's RON law allows notaries to perform notarial acts using real-time two-way audio-visual technology, satisfying the appearance requirement remotely.
Question 3: What is a 'protest' as a notarial act in Minnesota?
- A formal certificate noting that a negotiable instrument was dishonored (Correct answer)
- A public demonstration recorded by the notary
- A signer's formal objection to signing a document
- A notary's refusal to complete a notarial act
Correct answer: A formal certificate noting that a negotiable instrument was dishonored
A protest is a formal notarial certificate used in commercial transactions to certify that a negotiable instrument such as a check or draft was presented and dishonored.
Question 4: A Minnesota notary is asked to notarize a document already signed before the notary's arrival. What should the notary do?
- Ask the signer to re-sign or acknowledge the signature in the notary's presence (Correct answer)
- Notarize the document as-is since the signature exists
- Refuse to notarize under any circumstances
- Backdate the notarization to when the document was signed
Correct answer: Ask the signer to re-sign or acknowledge the signature in the notary's presence
The signer must either re-sign the document or personally acknowledge to the notary that the existing signature is their own — both satisfy the presence requirement.
Question 5: Which of the following is NOT a type of notarial act in Minnesota?
- Authenticating a foreign document for international use without an apostille (Correct answer)
- Administering an oath
- Taking an acknowledgment
- Certifying a copy of a document
Correct answer: Authenticating a foreign document for international use without an apostille
Authentication of foreign documents for international use typically requires an apostille issued by the Minnesota Secretary of State, not a standard notarial act.
Question 6: When completing a verification on oath or affirmation in Minnesota, what document does the notary complete?
- A jurat certificate (Correct answer)
- An acknowledgment certificate
- A copy certification certificate
- A protest certificate
Correct answer: A jurat certificate
A jurat certificate is the notarial certificate used when the signer swears or affirms to the truthfulness of the document's contents before the notary.
MN Notary Notarial Acts and Procedures 2
In Minnesota, what does it mean for a notarial act to be 'in the notary's presence'?