RI Notary - Rhode Island Notary Performing Core Notarial Acts Questions and Answers 1 — Questions and Answers
Question 1: A signer presents a document for notarization in Rhode Island, but the notarial certificate is missing. What is the appropriate action for the notary to take?
- Proceed with the notarization and add a certificate later.
- Refuse to notarize the document until a proper certificate is attached. (Correct answer)
- Notarize the signature directly on the document without a certificate.
- Draft a legal certificate for the signer.
Correct answer: Refuse to notarize the document until a proper certificate is attached.
Rhode Island law requires a notarial certificate for every notarial act. Without one, the notarization is incomplete and invalid. The notary must refuse the notarization until the signer provides or chooses a proper certificate. Notaries are prohibited from choosing the type of certificate or providing legal advice.
Question 2: Which of the following is a key difference between an acknowledgment and a jurat performed by a Rhode Island notary?
- The signer must sign the document in the notary's presence for an acknowledgment, but not for a jurat.
- An acknowledgment requires the notary to verify the signer's identity, while a jurat does not.
- A jurat involves the signer swearing or affirming the truthfulness of the document's contents, while an acknowledgment does not. (Correct answer)
- A jurat can be performed for a document already signed, but an acknowledgment cannot.
Correct answer: A jurat involves the signer swearing or affirming the truthfulness of the document's contents, while an acknowledgment does not.
The primary purpose of a jurat is for the signer to swear or affirm that the contents of the document are true. An acknowledgment is a declaration by the signer that they signed the document willingly for the purposes stated within it. For both acts, the signer must appear before the notary, and their identity must be verified.
Question 3: A person asks a Rhode Island notary to perform a copy certification of their birth certificate. How should the notary respond?
- Make a photocopy and certify it as a true copy.
- Refuse the notarization and refer the person to the RI Department of Health. (Correct answer)
- Instruct the person to sign a statement attesting to the copy's truthfulness and then notarize that signature.
- Certify the copy but add a disclaimer that it is not an official vital record.
Correct answer: Refuse the notarization and refer the person to the RI Department of Health.
Rhode Island notaries are prohibited from certifying copies of vital records, such as birth, marriage, and death certificates. The correct procedure is to refuse the request and direct the individual to the official issuing agency, which is the Center for Vital Records at the RI Department of Health.
Question 4: When performing a signature witnessing in Rhode Island, which of the following is a mandatory step for the notary?
- Administer an oath or affirmation to the signer.
- Ensure the signer understands the legal consequences of the document.
- Physically watch the signer affix their signature to the document. (Correct answer)
- Record the signer's thumbprint in the notary journal.
Correct answer: Physically watch the signer affix their signature to the document.
The core function of a signature witnessing is for the notary to certify that they personally observed the individual signing the document on a specific date. Administering an oath is characteristic of a jurat, providing legal advice is prohibited, and while keeping a journal is strongly recommended, thumbprints are not required.
Question 5: A signer in Providence, RI does not have an acceptable form of identification. They bring their cousin, who the notary personally knows and who has a valid ID, to act as a credible witness. What is the problem with this scenario?
- The credible witness must be a state-certified witness, not just a random person.
- The notary must personally know the signer, not the credible witness.
- A credible witness must not be related to the signer and must be an unbiased third party. (Correct answer)
- Only one credible witness is present, whereas two are required by Rhode Island law.
Correct answer: A credible witness must not be related to the signer and must be an unbiased third party.
A credible witness in Rhode Island must be an unbiased third party who has no interest in or benefit from the transaction. A cousin would likely not be considered unbiased. The witness must be personally known to the signer and be identified by the notary through an acceptable form of ID.
Question 6: Which of the following is an acceptable form of identification for a notarial act in Rhode Island?
- A student ID card from a local university.
- A U.S. Passport that expired two years ago. (Correct answer)
- A credit card with a photograph.
- A clear photocopy of a valid Rhode Island driver's license.
Correct answer: A U.S. Passport that expired two years ago.
Rhode Island law permits notaries to accept an identification card, such as a passport, that is either current or has not been expired for more than three years. Student IDs, credit cards, and photocopies of identification are not acceptable forms of ID for notarization purposes.
RI Notary - Rhode Island Notary Performing Core Notarial Acts Questions and Answers 1
A signer presents a document for notarization in Rhode Island, but the notarial certificate is missing.
What is the appropriate action for the notary to take?