Performing Notarial Acts Flashcards

A Maine notary is asked to perform a traditional, in-person notarization on a tangible paper document. Which of the following is TRUE regarding the notary's record-keeping requirements for this act?

Answer: The notary is not required to keep a journal, but it is strongly recommended by the Secretary of State.

According to Maine law, a journal is mandatory for all electronic and remote notarizations, but it is not required for traditional, in-person notarizations on paper records. However, the Secretary of State strongly suggests maintaining a journal for all notarial acts to provide a record and protect against liability.

A signer appears before a Maine notary for an acknowledgment. The signer presents a valid, unexpired U.S. Passport as identification. The notary has no personal knowledge of the signer. What is the notary's primary duty during this notarial act?

Answer: To verify the signer's identity and confirm the signer is willingly signing the document.

For an acknowledgment, the notary's key responsibilities are to determine, from satisfactory evidence of identity, that the individual appearing before them is who they claim to be and to ensure the individual is acknowledging their signature willingly for the purposes stated in the document. Notaries are explicitly prohibited from giving legal advice or certifying the truthfulness of a document's contents.

Under Maine's Revised Uniform Law on Notarial Acts (RULONA), which of the following acts is a Maine notary public expressly PROHIBITED from performing?

Answer: Drafting a legal record for a client for a fee.

Maine law explicitly prohibits notaries who are not licensed attorneys from engaging in the unauthorized practice of law. This includes assisting in drafting legal records, giving legal advice, or representing that they can perform such actions. The other options are permitted notarial acts in Maine.

A person asks a Maine notary to notarize a document that is written in a language the notary does not understand. The notarial certificate itself is in English and is a standard acknowledgment form. What should the notary do?

Answer: Proceed with the notarization, as the notary's responsibility is to the notarial certificate, not the document's content.

A notary's role is to notarize the signature and ensure proper execution of the notarial certificate, not to understand or validate the contents of the underlying document. As long as the notary can communicate with the signer to verify identity and willingness, and the notarial certificate is in a language the notary understands (English, in this case), the notarization can proceed. The notary is not responsible for the document's content.

Regarding the use of a notary stamp or seal for a traditional, paper-based notarization in Maine, which statement is correct?

Answer: Use of a notary stamp or seal is optional, but strongly recommended.

For traditional, in-person notarizations on tangible (paper) records, Maine law does not require the use of a notary stamp or seal. However, the Secretary of State strongly suggests using one for professionalism and to avoid rejection of the document in other jurisdictions. A stamp or seal is mandatory for all electronic and remote notarizations.

A Maine notary is performing a remote online notarization (RON). Which of the following is a mandatory requirement for this type of notarial act?

Answer: The notary must be physically located in Maine during the notarial act.

When performing a remote online notarization, the Maine notary public must be physically located within the borders of Maine. The signer, however, can be located anywhere. The notary must use an SOS-approved technology provider, not generic apps like Zoom, and keeping a journal and an audio-visual recording of the session is mandatory for all remote notarizations.