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Types of Notarial Acts Flashcards

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  1. A signer asks a Nevada notary, 'Should this be an acknowledgment or a jurat?' The safest correct response is what?

    Answer: Advise the signer to ask the document issuer or an attorney which act is required

    A notary may describe the acts but cannot choose one for the signer, since that decision is legal advice reserved for the issuer or an attorney.

  2. Which element is required for BOTH an acknowledgment and a jurat in Nevada?

    Answer: Personal appearance of the signer before the notary

    Every notarial act requires the signer to personally appear before the notary at the time of notarization.

  3. A new public official must be sworn in before taking office. Which notarial act applies?

    Answer: Administering an oath of office

    Notaries may administer oaths of office, which are spoken pledges and may not involve any document signature at all.

  4. A woman wants her unrecorded personal letter copied and certified for a foreign visa application. May a Nevada notary certify the copy?

    Answer: Yes, because a private letter is not a vital record or recordable document

    Nevada notaries may certify copies of private documents that are not vital records, public records, or recordable instruments.

  5. During an acknowledgment, which question best confirms the required element of willingness?

    Answer: 'Do you acknowledge that you signed this document freely and voluntarily?'

    The core of an acknowledgment is the signer declaring that the signature was made willingly for the purposes stated in the document.

  6. A notary performs a jurat but forgets to actually administer the oath before completing the certificate. What is the status of the notarization?

    Answer: It is improper because the oath is an essential part of a jurat

    Certifying that an oath was administered when it was not makes the jurat false and exposes the notary to liability.

  7. Which scenario correctly matches the document to the usual notarial act?

    Answer: Affidavit of residency paired with a jurat

    Affidavits are sworn statements and therefore take a jurat, while deeds typically take acknowledgments and protests apply to negotiable instruments.