Notary Public Exam Notarial Acts & Procedures 2 — Questions and Answers
Question 1: What are the essential steps a notary must follow when performing any notarial act?
- Sign, stamp, and date the document
- Verify personal appearance, identify the signer, confirm willingness/competence, perform the act, and complete the certificate (Correct answer)
- Read the entire document and verify its accuracy
- Obtain the signer's fingerprint and photograph
Correct answer: Verify personal appearance, identify the signer, confirm willingness/competence, perform the act, and complete the certificate
The core procedure for any notarial act includes: ensuring personal appearance, verifying identity, confirming the signer is willing and competent, performing the specific act (oath, acknowledgment, etc.), and completing the notarial certificate.
Regardless of the type of notarial act, the core procedure is: (1) require personal appearance, (2) verify the signer's identity with acceptable ID, (3) confirm the signer understands what they are signing and is acting voluntarily and with capacity, (4) perform the specific notarial act, (5) have the signer sign in your presence if required (jurat), (6) complete and sign the notarial certificate, and (7) apply the official seal. Finally, record the act in the journal.
Question 2: What is 'signature witnessing' as a notarial act?
- The notary signs the document as a co-signatory
- The notary witnesses and certifies that the signer's signature was made in the notary's presence (Correct answer)
- The notary verifies that the signer's signature matches their ID
- The notary provides a witness for the signer's signature on a will
Correct answer: The notary witnesses and certifies that the signer's signature was made in the notary's presence
In a signature witnessing act, the notary watches the signer place their signature on the document and certifies that the signature was made in the notary's presence, after verifying identity.
Signature witnessing is a notarial act available in some states where the notary's role is specifically to witness the signing. Unlike a jurat, no oath is administered; unlike an acknowledgment, the signing must occur in the notary's presence. The notary identifies the signer, watches them sign, and then certifies that the signature was made in their presence.
Question 3: After performing a notarial act, what must the notary apply to the document?
- Their personal signature only
- Their official seal or stamp and signature (Correct answer)
- A notarial embossing stamp
- The state's official seal
Correct answer: Their official seal or stamp and signature
A valid notarization requires both the notary's official signature and their official seal or stamp (or embosser in some states). Both elements are typically required by law.
To complete a notarial certificate, the notary must sign with their official signature (as it appears on their commission) and apply their official notarial seal or stamp. The seal typically includes the notary's name, commission number, state, and expiration date. Both elements—signature and seal—are generally required for the notarization to be legally valid.
Question 4: What is 'remote online notarization' (RON)?
- Notarization performed via a telephone call
- Notarization performed over the internet using audio-video technology, with identity verified electronically (Correct answer)
- Notarization of documents submitted by email without personal appearance
- A federal notarization program for interstate documents
Correct answer: Notarization performed over the internet using audio-video technology, with identity verified electronically
Remote online notarization (RON) allows notaries to perform notarial acts via secure audio-visual technology, with signers appearing remotely. Identity is verified through knowledge-based authentication and credential analysis.
RON is a form of notarization authorized in many states that allows a signer to appear before the notary via real-time, two-way audio-visual communication technology rather than in person. Identity verification uses enhanced methods such as knowledge-based authentication (KBA) questions and credential analysis. The entire session is typically recorded and stored. RON requires special state authorization and approved technology platforms.
Question 5: What is the correct way to complete a notarial certificate?
- Type it after the fact using the signer's information
- Complete all required fields accurately at the time of the notarial act, then sign and seal (Correct answer)
- Have the signer complete the certificate and the notary simply sign it
- Use a pre-printed stamp for all certificate language
Correct answer: Complete all required fields accurately at the time of the notarial act, then sign and seal
All fields in the notarial certificate must be completed accurately at the time the act is performed, followed immediately by the notary's signature and seal.
The notarial certificate must be completed accurately and completely at the time of the notarization. This means filling in the date, venue, signer's name, and any other required information, then signing with the official commission signature and applying the official seal—all at the time the act takes place. Completing a certificate hours or days after the fact is improper and may constitute falsification.
Question 6: What does 'notarization' NOT guarantee about a document?
- That the signer's identity was verified
- That the signer appeared before the notary
- That the contents of the document are true, accurate, or legal (Correct answer)
- That an official act was performed
Correct answer: That the contents of the document are true, accurate, or legal
A notarization certifies the notarial act performed (identity verification, voluntary appearance, oath, etc.) but does NOT certify that the document's contents are true, accurate, legally sufficient, or enforceable.
A notary's seal and signature certify only that the notarial act was properly performed—that the identified signer appeared and either acknowledged signing voluntarily or swore to the document's truth (for jurats). The notary does not certify that the document itself is accurate, legally valid, enforceable, or free from fraud in its contents.
Notary Public Exam Notarial Acts & Procedures 2
What are the essential steps a notary must follow when performing any notarial act?