MD Notary MD Notary Signature Witnessing and Special Acts 1 — Questions and Answers
Question 1: Which notarial act involves a Maryland notary witnessing a signer place their signature on a document?
- Witnessing or attesting a signature (Correct answer)
- Acknowledgment
- Jurat
- Certified copy
Correct answer: Witnessing or attesting a signature
Signature witnessing or attestation is a distinct notarial act in which the notary observes the signer actually sign the document.
Question 2: What must a Maryland notary verify before witnessing a signature?
- The identity of the signer using satisfactory evidence (Correct answer)
- That the document was prepared by an attorney
- That the document has no blanks
- That the signer owns the property described in the document
Correct answer: The identity of the signer using satisfactory evidence
Before witnessing any signature, the notary must confirm the signer's identity through acceptable means.
Question 3: A Maryland notary is asked to administer an oath of office to a newly elected local official. Is this within a Maryland notary's authority?
- Yes, administering oaths is one of the notarial acts authorized in Maryland (Correct answer)
- No, oaths of office may only be administered by judges
- No, notaries can only administer oaths connected to documents
- Yes, but only if the notary is also an attorney
Correct answer: Yes, administering oaths is one of the notarial acts authorized in Maryland
Maryland notaries are authorized to administer oaths and affirmations, which includes oaths of office for public officials.
Question 4: Which of the following describes the 'copy certification by document custodian' process in Maryland?
- A notary witnesses a person swear that a copy of a document they hold is a true and complete copy (Correct answer)
- A notary independently compares the copy to the original and certifies accuracy
- A notary certifies that an official record is authentic
- A notary stamps a copy and affirms it is certified without a signer oath
Correct answer: A notary witnesses a person swear that a copy of a document they hold is a true and complete copy
In copy certification by document custodian, the notary notarizes the custodian's sworn statement that their copy is accurate, rather than the notary comparing the documents.
Question 5: When may a Maryland notary certify a copy of a vital record such as a birth certificate?
- A Maryland notary may NOT certify copies of vital records; these must come from the official custodian (Correct answer)
- When the original is presented and the notary compares them
- When requested by a court
- Only if the custodian cannot provide a certified copy within 30 days
Correct answer: A Maryland notary may NOT certify copies of vital records; these must come from the official custodian
Vital records are official records whose certified copies must come from the designated government custodian; notaries cannot certify them.
Question 6: A Maryland notary is asked to notarize a power of attorney for someone who is in a hospital bed and appears confused. What should the notary do?
- Decline to notarize if there are reasonable grounds to believe the signer lacks capacity or is under duress (Correct answer)
- Proceed if the document was prepared by an attorney
- Proceed if a family member confirms the signer's capacity
- Require a physician's letter before proceeding
Correct answer: Decline to notarize if there are reasonable grounds to believe the signer lacks capacity or is under duress
A notary must be satisfied that the signer is mentally competent and acting voluntarily; signs of confusion are grounds to decline.
MD Notary MD Notary Signature Witnessing and Special Acts 1
Which notarial act involves a Maryland notary witnessing a signer place their signature on a document?