ME Notary - Maine Notary Maine Notary Laws and Regulations Questions and Answers — Questions and Answers
Question 1: A Maine Notary Public is presented with a document for a jurat. The signer explains they signed it yesterday in anticipation of the meeting. What is the correct action for the notary to take?
- Refuse the notarization until the signer can sign the document again in the notary's presence. (Correct answer)
- Proceed with the notarization since the signer is present and acknowledges the signature.
- Cross out the existing signature, have the signer re-sign, and then complete the notarization.
- Complete the jurat but make a note in the journal that the signing was not witnessed.
Correct answer: Refuse the notarization until the signer can sign the document again in the notary's presence.
For a jurat or affidavit, which contains language such as 'subscribed and sworn to before me,' the signer must sign the document in the physical presence of the Notary Public. The notary must witness the act of signing. Therefore, the only correct action is to require the signer to sign again in the notary's presence on a new, identical document or in the appropriate space if possible.
Question 2: Which of the following is a mandatory requirement for a person to become a Notary Public in Maine?
- Be a resident of Maine or have a place of employment in Maine. (Correct answer)
- Be at least 21 years of age.
- Post a surety bond with the Secretary of State.
- Be a registered member of a political party in Maine.
Correct answer: Be a resident of Maine or have a place of employment in Maine.
To be eligible for a Notary Public commission in Maine, an applicant must be at least 18 years old and either be a resident of Maine or have a place of employment or business in Maine. There is no surety bond requirement, and political affiliation is not a factor.
Question 3: A Maine Notary's commission term for a Maine resident is valid for how many years?
- Four years
- Five years
- Seven years (Correct answer)
- Ten years
Correct answer: Seven years
A Notary Public commission for a resident of Maine is valid for a term of seven years. For residents of New Hampshire who are employed in Maine, the term is four years.
Question 4: Under what circumstances is a Maine Notary Public required by law to maintain a journal of notarial acts?
- For all notarial acts performed.
- Only for real estate transactions.
- For all electronic and remote notarizations. (Correct answer)
- A journal is strongly recommended but never required by law.
Correct answer: For all electronic and remote notarizations.
Effective July 1, 2023, with the adoption of the Revised Uniform Law on Notarial Acts (RULONA), a notarial officer MUST maintain a journal for all electronic and remote notarizations. While a journal is not legally required for in-person paper notarizations, it is strongly recommended by the Secretary of State.
Question 5: A signer appears before a Maine Notary Public but has forgotten their driver's license. They offer a valid, university-issued photo ID and a major credit card. How should the notary proceed?
- Accept the university ID and credit card as sufficient identification.
- Refuse the notarization until a government-issued photo ID is presented. (Correct answer)
- Proceed with the notarization but note the non-standard ID in the journal.
- Administer an oath to the signer to verify their identity.
Correct answer: Refuse the notarization until a government-issued photo ID is presented.
The Maine Secretary of State's office strongly encourages Notaries Public to accept only valid, government-issued credentials with a photograph for identification. Non-governmental IDs can be easily falsified, and items like credit cards are not acceptable as they lack a physical description. The notary should refuse the notarization until proper identification is provided.
Question 6: Which of the following elements is required to be on a Maine Notary Public's official stamp or seal, if one is used?
- The notary's commission number.
- The words 'Notary Public' and the word 'Maine' or 'ME'. (Correct answer)
- The county in which the notary is commissioned.
- The notary's home address.
Correct answer: The words 'Notary Public' and the word 'Maine' or 'ME'.
If a Maine Notary uses a stamp or embossing seal, it must contain the notary's name as commissioned, the words 'Notary Public', and either the word 'Maine' or 'ME', or the Great Seal of the State of Maine. There is no requirement for the commission number, county, or address to be on the seal itself.
A Maine Notary Public is presented with a document for a jurat.
The signer explains they signed it yesterday in anticipation of the meeting.
What is the correct action for the notary to take?