IN Notary Proper Notarial Acts 2 — Questions and Answers

Question 1: Under Indiana law, which of the following is a proper notarial act a notary may perform?

Certifying a copy of a vital record
Administering an oath or affirmation (Correct answer)
Providing legal advice about the document
Guaranteeing the truthfulness of a statement

Correct answer: Administering an oath or affirmation

Administering oaths and affirmations is a core notarial act authorized under IC 33-42-9.

Indiana Code 33-42-9 authorizes notaries to perform several notarial acts including taking acknowledgments, administering oaths and affirmations, taking verifications on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of negotiable instruments. Administering an oath or affirmation is a fundamental notarial act. Notaries may NOT certify copies of vital records (birth, death, marriage certificates), provide legal advice, or guarantee the accuracy of statements.

Question 2: When performing a jurat in Indiana, what must the notary ensure?

The signer has had the document reviewed by an attorney
The signer personally appears and signs in the notary's presence (Correct answer)
The document is notarized within 30 days of signing
The signer provides two forms of identification

Correct answer: The signer personally appears and signs in the notary's presence

A jurat requires that the signer personally appear before the notary and sign the document in the notary's presence.

A jurat is a notarial act in which the notary certifies that the signer personally appeared before the notary, signed the document in the notary's presence, and took an oath or affirmation swearing to the truthfulness of the document's contents. Unlike an acknowledgment, the signer must sign in the notary's presence — pre-signed documents cannot be used for a jurat. Indiana notaries must ensure the personal appearance requirement is met before completing a jurat certificate.

Question 3: An Indiana notary may certify a copy of which type of document?

A certified copy of a birth certificate
A driver's license
A privately executed power of attorney (Correct answer)
A state-issued marriage certificate

Correct answer: A privately executed power of attorney

Notaries may certify copies of documents that are not public records, such as privately executed documents like a power of attorney.

Under Indiana law, a notary public may certify or attest a copy of a document, but only if the document is not a public record and a certified copy can be obtained from an official source. Documents like birth certificates, marriage certificates, and driver's licenses are public records and must be certified by the appropriate government agency. A privately drafted power of attorney, personal letter, or private contract may be copied and certified by a notary because it is not a public record.

Question 4: Which notarial act involves a notary certifying that a person acknowledged executing a document?

Jurat
Oath
Acknowledgment (Correct answer)
Attestation

Correct answer: Acknowledgment

An acknowledgment is the notarial act in which a notary certifies that the signer appeared and acknowledged executing the document.

An acknowledgment is a notarial act in which the notary certifies that: (1) the individual whose signature is on the document appeared before the notary in person; (2) is known to the notary or identified by satisfactory evidence; and (3) acknowledged to the notary that the individual signed the document. This is the most common notarial act and is frequently used for deeds, mortgages, and other real property documents in Indiana.

Question 5: What is the purpose of a 'verification on oath or affirmation' as a notarial act in Indiana?

To certify the identity of the signer only
To certify that a signer swore or affirmed that the contents of the document are true (Correct answer)
To witness a signature without requiring the signer to speak
To authenticate a copy of a public record

Correct answer: To certify that a signer swore or affirmed that the contents of the document are true

A verification on oath or affirmation certifies that the signer appeared, signed, and swore under oath that the document's contents are true.

A verification on oath or affirmation (also called a jurat) is a notarial act in which the notary certifies that the individual appearing before the notary signed the document and swore or affirmed to the notary that the statements in the document are true. This differs from an acknowledgment in that it involves a sworn oath or affirmation regarding the truthfulness of the document's content. It is commonly used for affidavits, depositions, and other sworn statements.

Question 6: Under Indiana law, which act is NOT within a notary's authorized scope?

Taking an acknowledgment
Administering an oath
Certifying a copy of a non-public document
Determining the legal sufficiency of a document (Correct answer)

Correct answer: Determining the legal sufficiency of a document

Notaries are not authorized to practice law or determine the legal sufficiency of documents — that is the role of an attorney.

Indiana notaries are authorized to perform specific notarial acts such as taking acknowledgments, administering oaths and affirmations, taking verifications on oath or affirmation, witnessing signatures, certifying copies of non-public documents, and noting protests. However, notaries are prohibited from practicing law. Determining the legal sufficiency, validity, or legal effect of a document constitutes the practice of law and is outside the scope of notarial authority, even if the notary happens to be an attorney (unless acting in that separate capacity).

IN Notary Proper Notarial Acts 2

Under Indiana law, which of the following is a proper notarial act a notary may perform?