Proper Notarial Acts Flashcards

A key difference between an acknowledgment and a jurat in Indiana is that for a jurat, the notary must:

Answer: Administer an oath or affirmation to the signer.

The primary purpose of a jurat, also known as a verification on oath or affirmation, is for the signer to swear or affirm that the contents of the document are true. This requires the notary to administer a spoken oath or affirmation. While identity verification is required for most notarial acts and journaling is a best practice, administering an oath is specific to a jurat.

An Indiana notary is asked to notarize a document for their brother, who is selling a car to a third party. The notary has no financial interest in the transaction. Which of the following is the most appropriate action for the notary to take?

Answer: Advise the brother to find another notary to avoid any appearance of impropriety.

While Indiana law explicitly prohibits notarizing for a spouse, it does not forbid notarizing for other family members. However, the best practice is to avoid notarizing for any family member to maintain impartiality and avoid the appearance of a conflict of interest. The safest course of action is to decline and refer the signer to another notary.

Which of the following is a prohibited act for an Indiana notary public?

Answer: Certifying a copy of a passport.

Indiana notaries are prohibited from certifying copies of vital records or other public records that can be obtained from the official issuing agency, such as birth certificates, marriage licenses, and passports. Notaries can perform acknowledgments, administer oaths, and notarize for out-of-state signers as long as the notarial act takes place within Indiana.

A person presents a document to an Indiana notary for an acknowledgment. The document has already been signed. What should the notary do?

Answer: Proceed with the acknowledgment after verifying the signer's identity and confirming they willingly signed the document.

For an acknowledgment, the law does not require the notary to witness the signature. The signer must simply appear before the notary, be properly identified, and acknowledge that they voluntarily signed the document for the purposes stated within it.

An Indiana remote notary is conducting a remote notarial act for a principal located in another country. Which of the following statements is true?

Answer: The remote notary must be physically located within Indiana at the time of the notarial act.

Indiana law requires that a remote notary public must be physically located within the state of Indiana when performing any remote notarial act. The principal (signer) can be located anywhere, in or outside the United States. The validity of the act is determined by Indiana law, and the audiovisual session must be recorded.

When performing a notarial act in Indiana, which of the following is NOT a required element on the notary's official seal?

Answer: The notary's signature.

The official notary seal must contain specific elements, including the words "Notary Public," "State of Indiana," the notary's name as commissioned, their commission number, and the commission expiration date. The notary's signature is a separate requirement for the notarial certificate but is not part of the seal itself.