MO Notary - Missouri Notary Authorized Notarial Acts Questions and Answers — Questions and Answers
Question 1: A Missouri notary is asked to perform a copy certification. Which of the following documents is the notary authorized to certify as a true copy?
- A birth certificate
- A personal affidavit not filed with a court (Correct answer)
- A marriage license
- A deed recorded with the county
Correct answer: A personal affidavit not filed with a court
Missouri notaries are authorized to perform copy certifications of original documents, but they cannot certify copies of vital records (like birth or marriage certificates) or publicly recorded documents (like deeds). A personal affidavit that has not been publicly filed is a private document, and a notary may certify a copy of it.
Question 2: Which of the following is NOT an authorized notarial act under Missouri law?
- Taking an acknowledgment
- Administering an oath or affirmation
- Certifying a photograph (Correct answer)
- Performing a signature witnessing
Correct answer: Certifying a photograph
According to the Missouri Revised Statutes (RSMo 486.640), authorized notarial acts include taking acknowledgments, administering oaths and affirmations, executing jurats, signature witnessings, and copy certifications. Missouri law explicitly prohibits a notary from certifying or authenticating a photograph.
Question 3: A signer brings a document to a Missouri notary and requests a jurat. What is a key requirement for this specific notarial act?
- The signer can sign the document before meeting the notary.
- The notary must verify the legal accuracy of the document's contents.
- The signer must sign the document in the notary's presence after being administered an oath or affirmation. (Correct answer)
- The notary is only required to witness the signature without any verbal ceremony.
Correct answer: The signer must sign the document in the notary's presence after being administered an oath or affirmation.
A jurat requires the signer to take an oath or make an affirmation regarding the truthfulness of the document's contents and to sign the document in the notary's physical presence. This differs from an acknowledgment, where the signer can sign beforehand and simply acknowledge the signature to the notary.
Question 4: Under Missouri law, a notary is authorized to take an acknowledgment. What is the primary purpose of this notarial act?
- To guarantee the truthfulness of the statements within the document.
- To provide legal advice regarding the transaction.
- To confirm the signer appeared before the notary, was identified, and declared they signed the document willingly. (Correct answer)
- To create a certified copy of the original document.
Correct answer: To confirm the signer appeared before the notary, was identified, and declared they signed the document willingly.
The purpose of an acknowledgment is for a notary to certify that the signer personally appeared, was properly identified by the notary, and acknowledged that they signed the document for the purposes stated within it. The notary does not attest to the accuracy of the document's content or provide legal advice.
Question 5: A client presents a document to a Missouri notary that has already been signed. The notarial certificate required is a 'signature witnessing'. What must the notary do to properly perform this act?
- Notarize the existing signature as long as the signer acknowledges it.
- Refuse the notarization because the document was pre-signed.
- Instruct the signer to sign the document again in the notary's presence. (Correct answer)
- Administer an oath to the signer regarding their identity.
Correct answer: Instruct the signer to sign the document again in the notary's presence.
For a signature witnessing, the primary function is for the notary to witness the act of signing. If the document is already signed, the signer must sign it again in the notary's presence for the act to be valid. This is a distinct act from an acknowledgment, where a pre-signed document is acceptable.
Question 6: Which of the following acts is a Missouri notary empowered to perform?
- Certifying a copy of a Missouri high school diploma.
- Administering an oath for a telephonic deposition.
- Taking the acknowledgment of a person signing on behalf of a corporation. (Correct answer)
- Preparing a power of attorney document for a client.
Correct answer: Taking the acknowledgment of a person signing on behalf of a corporation.
Missouri notaries are explicitly authorized to take acknowledgments from individuals acting in a representative capacity, such as a corporate officer. Notaries cannot certify copies of school records, as those must be obtained from the issuing institution. They are also prohibited from providing legal advice or preparing legal documents.
MO Notary - Missouri Notary Authorized Notarial Acts Questions and Answers
A Missouri notary is asked to perform a copy certification.
Which of the following documents is the notary authorized to certify as a true copy?