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Acknowledgments and Jurats Flashcards

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  1. A signer brings a deed to a West Virginia notary that was signed three days earlier. What is the proper action for an acknowledgment?

    Answer: Proceed, because the signer may acknowledge a previously signed document in the notary's presence

    For an acknowledgment, the document may be signed beforehand as long as the signer personally appears and acknowledges the signature as their own.

  2. Which element distinguishes a jurat from an acknowledgment in West Virginia?

    Answer: The signer must sign in the notary's presence and take an oath or affirmation

    A jurat (verification on oath or affirmation) requires signing in the notary's presence plus an oath or affirmation that the contents are true.

  3. A West Virginia notary receives a document whose certificate reads 'Subscribed and sworn to before me.' What notarial act is being requested?

    Answer: A verification on oath or affirmation (jurat)

    'Subscribed and sworn to before me' is the classic jurat wording, indicating the signer signed and took an oath before the notary.

  4. During an acknowledgment, the signer says, 'My spouse signed this, but I can vouch for the signature.' What must the notary do?

    Answer: Refuse, because the person acknowledging must be the one who signed

    Only the individual who signed the document may acknowledge that signature; a spouse cannot acknowledge on another's behalf without proper authority such as a power of attorney.

  5. What does the venue section (e.g., 'State of West Virginia, County of Kanawha') on a notarial certificate indicate?

    Answer: The location where the notarial act was performed

    The venue states where the notarization physically took place, not where the signer lives or the document will be filed.

  6. A signer with a religious objection to swearing an oath needs a jurat. What should the West Virginia notary offer?

    Answer: An affirmation, which has the same legal effect as an oath

    West Virginia notaries may administer an affirmation, a solemn promise without religious reference, which carries the same legal weight as an oath.

  7. A notarial certificate on a document is completely blank as to the type of act. Who chooses whether it will be an acknowledgment or a jurat?

    Answer: The signer or the receiving agency, not the notary

    Choosing the type of notarial act is legal advice, so a non-attorney notary must ask the signer or document custodian to decide.