CT Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A signer with a broken arm asks another person to sign the document for him in front of the notary. This procedure is known as:
- Proxy acknowledgment
- Signature by mark
- Signature by designee at the direction of the signer (Correct answer)
- Power of attorney execution
Correct answer: Signature by designee at the direction of the signer
When a person is physically unable to sign, another individual may sign at the signer's direction and in the presence of the signer and notary.
Question 2: A signer who cannot write signs a document with an 'X'. What is the best practice for the notary?
- Refuse, since a mark is not a valid signature
- Proceed, ideally with witnesses, noting the mark as the signature (Correct answer)
- Sign the document on the signer's behalf
- Require the signer to get a power of attorney first
Correct answer: Proceed, ideally with witnesses, noting the mark as the signature
A mark such as an 'X' can serve as a valid signature, and best practice is to have witnesses attest to it.
Question 3: When completing a jurat certificate, the wording 'subscribed and sworn to before me' indicates that:
- The signer acknowledged a prior signature
- The document was signed and an oath was taken in the notary's presence (Correct answer)
- The notary verified the document's contents were accurate
- A certified copy was produced
Correct answer: The document was signed and an oath was taken in the notary's presence
'Subscribed and sworn to before me' means the signer signed the document and took an oath in front of the notary.
Question 4: A notary is presented with a document written in a language the notary cannot read, but the certificate wording is in English. What should the notary consider?
- Notarization is prohibited for all foreign-language documents
- The notary may proceed if able to communicate directly with the signer and complete the English certificate (Correct answer)
- The notary must first obtain a certified translation
- The signer must sign an English version instead
Correct answer: The notary may proceed if able to communicate directly with the signer and complete the English certificate
A notary may notarize a foreign-language document if the notary and signer can communicate directly and the notarial certificate is understandable to the notary.
Question 5: A pre-printed certificate says the signer appeared in a different state and county than where the notarization occurs. What must the Connecticut notary do?
- Leave the venue as printed to match the document
- Correct the venue to show the actual state and county where the act took place (Correct answer)
- Add a second certificate with the correct venue
- Refuse to notarize any document with a pre-printed venue
Correct answer: Correct the venue to show the actual state and county where the act took place
The venue must reflect the actual location where the notarial act is performed, so the notary should correct and initial it.
Question 6: What is the difference between an oath and an affirmation?
- An oath is written; an affirmation is verbal
- An oath references a supreme being; an affirmation is a solemn promise on personal honor (Correct answer)
- An oath is for court documents only; an affirmation is for deeds
- There is no legal difference in form or effect
Correct answer: An oath references a supreme being; an affirmation is a solemn promise on personal honor
An oath appeals to a supreme being while an affirmation is a solemn declaration on one's personal honor, and both carry equal legal weight.
Question 7: A notary's spouse asks the notary to notarize a deed transferring property to the notary. The notary should:
- Proceed, since spouses may notarize for each other
- Proceed if a witness is present
- Decline because the notary is a party with a beneficial interest in the transaction (Correct answer)
- Notarize but waive the fee
Correct answer: Decline because the notary is a party with a beneficial interest in the transaction
A notary must not notarize a document in which the notary is a party or has a direct beneficial or financial interest.
CT Notary Notarial Acts and Procedures 3
A signer with a broken arm asks another person to sign the document for him in front of the notary.
This procedure is known as: