Notarial Acts and Procedures Flashcards
7 cards from real MS NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Notarial Acts and Procedures flashcards as text
A person unknown to the Mississippi notary has no ID, but a longtime acquaintance of the notary is present and swears to the signer's identity. This method of identification is called what?
Answer: Verification by a credible witness
Mississippi law permits identification through the oath of a credible witness who is personally known to the notary and who personally knows the signer.
Under Mississippi's identification rules, which of the following is generally acceptable as satisfactory evidence of identity?
Answer: A passport or government-issued ID that is current or expired no more than three years
Satisfactory evidence includes a passport, driver's license, or other government-issued identification that is current or expired not more than three years before the notarial act.
A signer appears confused, cannot explain the document, and seems unaware of what they are signing. What is the proper action for the Mississippi notary?
Answer: Refuse to perform the notarial act because the signer does not appear competent or aware
A notary may refuse to act when not satisfied that the signer is competent, has capacity, or is signing knowingly and voluntarily.
A daughter asks a Mississippi notary to notarize her hospitalized father's power of attorney, offering to bring the signed document herself because he cannot travel. What must the notary do?
Answer: Decline unless the father personally appears before the notary, such as by the notary traveling to the hospital
Personal appearance before the notary is required for every notarial act, though the notary may travel to the signer's location.
Which element is NOT required in a Mississippi notarial certificate?
Answer: The signer's home address
A certificate must include the venue, the notary's signature, title, commission expiration, and official stamp, but not the signer's home address.
A document is presented with a pre-printed jurat certificate, but the signer only wants an acknowledgment. What should the Mississippi notary do?
Answer: Ask the signer which act is intended and attach or complete the correct certificate, without choosing for them
The signer or document custodian must choose the type of act, and the notary completes certificate wording that matches that choice, since selecting the act for them could be unauthorized practice of law.
May a Mississippi notary certify a copy of a birth certificate?
Answer: No, copies of vital records and other publicly recordable documents should not be certified by a notary
Vital records such as birth certificates must be certified by the official custodian of the record, not by a notary.