GA Notary Proper Notarial Acts 2 — Questions and Answers
Question 1: What is the key difference between a jurat and an acknowledgment?
- A jurat requires the signer to swear or affirm under oath; an acknowledgment only requires the signer to declare they signed voluntarily. (Correct answer)
- An acknowledgment requires the signer to swear under oath; a jurat only requires a signature.
- A jurat is used only for real estate documents; an acknowledgment is used for affidavits.
- There is no practical difference between a jurat and an acknowledgment.
Correct answer: A jurat requires the signer to swear or affirm under oath; an acknowledgment only requires the signer to declare they signed voluntarily.
In a jurat, the signer must swear or affirm that the document's contents are true, while an acknowledgment simply confirms the signature was made voluntarily.
Question 2: When performing a jurat in Georgia, what must the signer do in the notary's physical presence?
- Present two forms of government-issued photo ID.
- Sign the document and take an oath or affirmation that the contents are true. (Correct answer)
- Only sign the document — no oath is required.
- Pay the notary fee before signing.
Correct answer: Sign the document and take an oath or affirmation that the contents are true.
For a jurat, the signer must both sign the document and take an oath or make an affirmation in the notary's presence confirming the truthfulness of the document's contents.
Question 3: A Georgia notary is asked to certify a copy of a client's birth certificate issued by the state vital records office. What should the notary do?
- Certify the copy, since copy certification is an authorized notarial act in Georgia.
- Refuse, because Georgia notaries cannot certify copies of vital records or public records. (Correct answer)
- Certify the copy only if the client provides a sworn affidavit.
- Certify the copy only if the original is presented in the notary's county.
Correct answer: Refuse, because Georgia notaries cannot certify copies of vital records or public records.
Georgia notaries may not certify copies of vital records such as birth or death certificates — those copies must be obtained directly from the issuing government agency.
Question 4: Which notarial act is most appropriate when a signer needs to swear that a written statement they prepared is accurate and true?
- Acknowledgment
- Copy certification
- Jurat (verification upon oath or affirmation) (Correct answer)
- Signature witnessing
Correct answer: Jurat (verification upon oath or affirmation)
A jurat is the proper act when the signer needs to swear or affirm under oath that the contents of their written statement are true and correct.
Question 5: During an acknowledgment, a Georgia notary must confirm that the signer:
- Swore under oath that the document contents are true.
- Personally appeared and acknowledged signing the document freely and voluntarily. (Correct answer)
- Provided two witnesses who observed the signing.
- Paid the county clerk's filing fee before executing the document.
Correct answer: Personally appeared and acknowledged signing the document freely and voluntarily.
For an acknowledgment, the notary confirms the signer personally appeared and voluntarily acknowledged that they executed the document.
Question 6: A signer asks a Georgia notary to witness their signature on a document. What is the notary's primary responsibility in this act?
- Verify that the document's content is legally valid.
- Certify that the document is an authentic copy of the original.
- Observe the signer personally signing the document and verify the signer's identity. (Correct answer)
- Administer an oath about the truthfulness of the document's contents.
Correct answer: Observe the signer personally signing the document and verify the signer's identity.
When witnessing a signature, the notary must observe the signer place their signature on the document and confirm the signer's identity.
Question 7: Can a Georgia notary perform an affirmation instead of an oath when a signer has religious or conscientious objections to swearing?
- No, Georgia law requires an oath for all jurats.
- Yes, an affirmation carries the same legal weight as an oath and is always permitted as an alternative. (Correct answer)
- Yes, but only if the notary also documents the reason for the affirmation in the journal.
- No, affirmations are only available to licensed attorneys acting as notaries.
Correct answer: Yes, an affirmation carries the same legal weight as an oath and is always permitted as an alternative.
Georgia law allows a notary to administer an affirmation in place of an oath when a signer objects on religious or conscientious grounds, and it holds the same legal force.
What is the key difference between a jurat and an acknowledgment?