GA Notary Seal and Certificate 3 — Questions and Answers
Question 1: What is the 'venue' section of a notarial certificate in Georgia?
- The location where the document will be filed
- The statement identifying the state and county where the notarial act was performed (Correct answer)
- The name of the court with jurisdiction over the document
- The notary's county of appointment listed on the commission
Correct answer: The statement identifying the state and county where the notarial act was performed
The venue identifies the state and county where the notarial act actually took place, and it typically appears at the top of the certificate.
Question 2: Which certificate is used when the signer must swear or affirm to the truthfulness of the document's contents?
- Acknowledgment certificate
- Copy certification certificate
- Jurat certificate (Correct answer)
- Attestation certificate
Correct answer: Jurat certificate
A jurat is the appropriate certificate when the signer must be administered an oath or affirmation and attest that the document's contents are true.
Question 3: A principal signs a document and then leaves the office before the notary completes the certificate. What should the notary do?
- Complete the certificate based on the prior signing
- Refuse to complete the certificate; the signer must return and sign in the notary's presence (Correct answer)
- Complete the certificate and note the signer's absence in the margin
- Mail the certificate to the signer for them to complete
Correct answer: Refuse to complete the certificate; the signer must return and sign in the notary's presence
The signer must personally appear before the notary at the time the notarial act is performed; a certificate cannot be completed for a signing the notary did not witness.
Question 4: What does the phrase 'subscribed and sworn to before me' in a jurat certificate signify?
- The signer mailed the signed document to the notary
- The signer signed the document and took an oath in the notary's presence (Correct answer)
- The notary witnessed the document being drafted
- The document was acknowledged to be a true copy
Correct answer: The signer signed the document and took an oath in the notary's presence
'Subscribed' means the signer signed the document, and 'sworn before me' means the notary administered an oath, both occurring in the notary's presence.
Question 5: A notarial certificate contains a blank space that was not filled in before the signer left. What is the correct action?
- Leave the blank as-is to avoid altering the document
- Complete the blank only if the content is obvious from context
- Have the signer return so the certificate can be properly completed before notarizing (Correct answer)
- Draw a line through the blank and initial it
Correct answer: Have the signer return so the certificate can be properly completed before notarizing
All required information must be present in the certificate at the time of notarization; blanks create opportunities for fraud and can invalidate the notarial act.
Question 6: Which element must always appear in a Georgia notarial certificate to establish legal sufficiency?
- The document type being notarized
- The notary's employer's name and address
- The date the notarial act was performed (Correct answer)
- The signer's date of birth
Correct answer: The date the notarial act was performed
The date of the notarial act is essential for establishing when the act occurred and must appear in every certificate.
Question 7: A signer wants to use an affirmation instead of an oath for a jurat. A Georgia notary should:
- Refuse, because jurats require an oath by law
- Administer the affirmation, as it is legally equivalent to an oath (Correct answer)
- Note the substitution in the journal but not on the certificate
- Use an acknowledgment certificate instead
Correct answer: Administer the affirmation, as it is legally equivalent to an oath
Georgia law allows individuals with conscientious objections to take an affirmation instead of an oath, and an affirmation carries the same legal weight.
GA Notary Seal and Certificate 3
What is the 'venue' section of a notarial certificate in Georgia?