Notarial Acts and Procedures Flashcards

What must a notary public verify before performing an acknowledgment?

Answer: That the signer personally appeared before the notary

Before performing an acknowledgment, a notary public must verify that the signer personally appeared before them at the time of the notarization. This ensures the notary can properly identify the signer and witness their voluntary signature. Without personal appearance, the notary cannot truthfully attest to the acknowledgment in the notarial certificate.

Which of the following is NOT a required component of a notarial certificate?

Answer: The signer's social security number

A notarial certificate typically includes the notary’s signature, seal, the date and location of the notarization, and the type of notarial act performed. However, a signer's social security number is private information and is not a required component of a standard notarial certificate. Notaries should only collect information necessary to complete the notarial act and comply with state law.

When performing a jurat, what must a notary ensure?

Answer: The signer swears or affirms that the contents of the document are true

When performing a jurat, a notary must ensure that the signer swears or affirms, under penalty of perjury, that the contents of the document are true. The notary then certifies that the signer appeared, took the oath or affirmation, and signed the document in the notary's presence. This act is distinct from an acknowledgment, which only verifies the signature and voluntary signing.

What should a notary do if a document does not contain a notarial certificate?

Answer: Refuse to notarize the document

A notary public cannot perform a notarial act without an appropriate notarial certificate, which specifies the type of act performed (e.g., acknowledgment, jurat) and contains the notary's official information. If a document lacks a notarial certificate, the notary should refuse to notarize it until the signer provides or selects the correct notarial wording. Notaries are prohibited from choosing the type of notarial act for the signer.

When should a notary public record a notarial act in their journal?

Answer: After the notarial act is completed

Notaries are generally required to record all notarial acts in their journal immediately after the notarial act is completed. This ensures that the journal entry is accurate and complete, documenting essential details such as the date, type of act, signer's identity, and any fees charged. Prompt recording helps maintain a reliable record and deters fraud.