Special Circumstances in Notarization Flashcards

A customer asks a Connecticut notary to notarize a self-prepared will. What is the most prudent response for a non-attorney notary?

Answer: Suggest the customer consult an attorney, since wills have special execution requirements a notarization may not satisfy

Wills require specific witnessing formalities, and advising on or altering them would be unauthorized practice of law, so referral to an attorney is prudent.

A signer asks the notary to certify a photocopy of his U.S. passport. Connecticut notaries should generally:

Answer: Decline, and suggest the signer make a written declaration about the copy that the notary can then notarize

Copy certification of documents like passports is not an authorized Connecticut notarial act, but the signer's own sworn statement about the copy can be notarized.

A document written entirely in a language the notary cannot read is presented, but the notarial certificate is in English and the notary can communicate with the signer. The notary may:

Answer: Proceed with caution, since the notary certifies the signature and certificate, not the document's contents

The notary's certificate concerns the signer's signature and oath or acknowledgment, so a readable certificate and direct communication with the signer allow the act, though caution is advised.

A signer presents a document with several blank spaces and asks for it to be notarized as-is. The notary should:

Answer: Ask the signer to complete the blanks or strike through them before notarizing

Notarizing a document with blanks invites later fraud, so blanks should be filled or lined through first.

During a signing, the notary realizes the document is a deed transferring property to the notary's own spouse. The notary should:

Answer: Decline due to a disqualifying interest and refer the signer to another notary

A notary should not perform a notarization in which the notary or their spouse has a direct beneficial interest.

A signer's presented ID has expired. Among the following, the best next step for the notary is to:

Answer: Ask for other satisfactory evidence of identity, such as another acceptable ID or a credible witness

If the presented ID does not satisfy the notary, identity should be established through other reliable means such as a credible witness.

A caller asks the notary to notarize a signature that was made yesterday on a jurat. The notary should explain that:

Answer: A jurat requires the signer to sign, or re-sign, in the notary's presence while taking the oath

A jurat requires signing in the notary's presence under oath, so a prior signature must be re-executed before the notary.