Mississippi Notary Public Knowledge Assessment — Questions and Answers

Question 1: Why is the unauthorized practice of law by notaries considered especially harmful to immigrant communities?

Immigration law allows notaries to represent clients in court
In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters (Correct answer)
Immigrants are required to use notaries for all legal filings
Notary fees are higher for immigration documents

Correct answer: In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters

In civil-law countries a 'notario' is an attorney-like professional, so immigrants may mistakenly trust a U.S. notary with legal matters and suffer serious harm.

Question 2: What is the primary ethical responsibility of a notary public?

To maintain impartiality and avoid conflicts of interest (Correct answer)
To ensure all documents are notarized in the notary’s office
To offer legal advice to signers
To notarize documents for friends and family members without any fees

Correct answer: To maintain impartiality and avoid conflicts of interest

A notary public serves as an impartial witness to the signing of documents and the administration of oaths. Their primary ethical responsibility is to remain neutral and unbiased, ensuring the integrity of the notarial act. Avoiding conflicts of interest and maintaining impartiality prevents any perception of undue influence or personal gain, upholding public trust in the notarial process.

Question 3: When should a Mississippi notary create the journal entry for a notarial act?

Contemporaneously with the performance of the notarial act (Correct answer)
Whenever the signer requests one
At the end of each calendar month
Within 30 days of the act

Correct answer: Contemporaneously with the performance of the notarial act

Journal entries must be made contemporaneously with, meaning at the same time as, the performance of the notarial act.

Question 4: Which consequence can a Mississippi notary face for official misconduct, beyond losing their commission?

Mandatory community service only
Civil damages and criminal prosecution (Correct answer)
Only a written warning
Suspension of their driver's license

Correct answer: Civil damages and criminal prosecution

Notarial misconduct can result in commission revocation, civil liability for damages, and criminal charges.

Question 5: A Mississippi notary is also a real estate agent earning commission on a sale. May they notarize the closing documents for that sale?

Yes, because dual roles are always permitted
Yes, if they disclose the commission in the certificate
No, because real estate agents cannot be notaries
No, because their commission gives them a financial interest in the transaction (Correct answer)

Correct answer: No, because their commission gives them a financial interest in the transaction

Earning a commission from the transaction creates a disqualifying financial interest.

Question 6: Under the Revised Mississippi Law on Notarial Acts, how long must a notary retain their journal after the last notarial act recorded in it?

Two years
Until the commission expires
Five years
Ten years (Correct answer)

Correct answer: Ten years

Mississippi law requires the journal to be retained for ten years after the date of the last entry.

Question 7: A credible witness is best described as someone who is:

Any adult who happens to be present at the signing
A relative of the notary who trusts the signer
An attorney who drafted the document
Personally known to the notary or properly identified, and who knows the signer (Correct answer)

Correct answer: Personally known to the notary or properly identified, and who knows the signer

A credible witness must themselves be identifiable to the notary and have personal knowledge of the signer's identity.

Question 8: Where may a Mississippi notary public perform notarial acts?

Anywhere in the United States
Anywhere within the State of Mississippi (Correct answer)
Only in the county listed on the commission
Only in the county where the notary resides

Correct answer: Anywhere within the State of Mississippi

A Mississippi notary commission authorizes the performance of notarial acts throughout the entire state, but not beyond its borders.

Question 9: A Mississippi notary is asked to notarize their adult son's power of attorney naming the notary as agent. What should the notary do?

Decline, because the notary is named in and benefits from the document (Correct answer)
Proceed if another family member witnesses
Proceed, since a power of attorney is not a financial document
Proceed, but have the son initial each page

Correct answer: Decline, because the notary is named in and benefits from the document

A notary named as agent in a power of attorney has a direct interest in the document and must decline.

Question 10: May a Mississippi employer require an employee-notary to notarize documents for customers free of charge?

Only with a waiver from the Secretary of State
No, the maximum fee must always be collected
Yes, an employer may direct that no fee be charged for business-related notarizations (Correct answer)
Only if the customers are also employees

Correct answer: Yes, an employer may direct that no fee be charged for business-related notarizations

Because fees are optional, an employer may lawfully instruct its notary employees to waive them.

Question 11: Which charge would be improper for a Mississippi notary to add to a standard acknowledgment fee without any prior agreement?

A fee below the statutory maximum
An undisclosed 'convenience surcharge' added at the time of payment (Correct answer)
No fee at all
The exact statutory maximum fee

Correct answer: An undisclosed 'convenience surcharge' added at the time of payment

Surprise surcharges beyond the disclosed, allowed fee are improper.

Question 12: Can a notary notarize a document for a signer who does not speak English?

No, all signers must speak English
Yes, if the notary can communicate with the signer directly or through an interpreter (Correct answer)
Only with court approval
Only for documents written in the signer's language

Correct answer: Yes, if the notary can communicate with the signer directly or through an interpreter

A notary may notarize for a non-English speaker if communication can be established, either because the notary speaks the signer's language or through a qualified interpreter.

Question 13: Which situation would journal records most directly help investigators detect?

An expired vehicle registration
A forged notarization falsely claiming the notary performed an act on a given date (Correct answer)
A late property tax payment
A misspelled street name in a deed

Correct answer: A forged notarization falsely claiming the notary performed an act on a given date

If a certificate is forged, the absence of a corresponding journal entry helps prove the notary never performed the claimed act.

Question 14: What is the primary difference between an acknowledgment and a jurat in Mississippi?

An acknowledgment confirms voluntary signing; a jurat requires signing and swearing before the notary (Correct answer)
A jurat is only for court documents
They are identical notarial acts
An acknowledgment requires an oath; a jurat does not

Correct answer: An acknowledgment confirms voluntary signing; a jurat requires signing and swearing before the notary

An acknowledgment verifies that the signer executed the document voluntarily and understands its contents, while a jurat requires the signer to sign in the notary's presence and take an oath as to the truthfulness of the document.

Question 15: Why is proper signer identification considered the core duty of a notary public?

It protects against fraud and forgery by linking the signature to a verified person (Correct answer)
It allows the notary to charge a higher fee
It guarantees the document's contents are true
It makes the document automatically recordable

Correct answer: It protects against fraud and forgery by linking the signature to a verified person

Verifying identity prevents impostors from executing documents, which is the primary anti-fraud purpose of notarization.

Question 16: Which of these actions by a notary would NOT be unauthorized practice of law?

Choosing legal language for the customer's affidavit
Adding a clause the notary thinks protects the customer
Typing a document exactly as dictated word-for-word by the customer (Correct answer)
Deciding which exhibits should be attached to a pleading

Correct answer: Typing a document exactly as dictated word-for-word by the customer

Acting as a mere scrivener who records the customer's exact words is permitted; selecting or adding legal content is not.

Question 17: What does 'personal knowledge' of a signer's identity mean for a Mississippi notary?

The individual is known through dealings sufficient to provide reasonable certainty of identity (Correct answer)
The notary has met the signer at least once before
A mutual friend introduced the signer to the notary
The notary recognizes the signer's name from public records

Correct answer: The individual is known through dealings sufficient to provide reasonable certainty of identity

Personal knowledge requires dealings sufficient to give the notary reasonable certainty that the individual has the claimed identity.

Question 18: Who is responsible for choosing whether a document needs an acknowledgment or a jurat?

The Mississippi Secretary of State on a case-by-case basis
The county clerk where the document is filed
The signer or the receiving agency, not the notary (Correct answer)
The notary, based on professional judgment

Correct answer: The signer or the receiving agency, not the notary

Selecting the notarial act is the signer's or document recipient's decision; a notary who chooses for them risks the unauthorized practice of law.

Question 19: Which task related to a real estate closing may a non-attorney Mississippi notary perform?

Advising the buyer whether to waive title insurance
Notarizing the signatures on closing documents (Correct answer)
Modifying the mortgage terms at the parties' request
Explaining the legal effect of the deed of trust

Correct answer: Notarizing the signatures on closing documents

The notary's role at closing is limited to performing notarial acts such as notarizing signatures, not explaining or altering legal documents.

Question 20: What should a notary do if the certificate wording on a document is missing?

Ask the signer to write their own certificate
Write the wording freehand on the document
Attach an appropriate loose certificate with the correct notarial wording (Correct answer)
Refuse to notarize the document entirely

Correct answer: Attach an appropriate loose certificate with the correct notarial wording

If certificate wording is missing, the notary should attach a separate loose certificate containing the appropriate acknowledgment or jurat language, completed and signed by the notary.

Question 21: A notary is asked to notarize a deed in which the notary's spouse is the grantee. What is the proper course of action?

Proceed but waive the notarial fee
Proceed if the spouse leaves the room
Decline due to the disqualifying financial or beneficial interest through the spouse (Correct answer)
Proceed since the notary is not named personally

Correct answer: Decline due to the disqualifying financial or beneficial interest through the spouse

A notary should not notarize documents in which they or their spouse have a direct beneficial interest, as impartiality is compromised.

Question 22: A signer appears confused, cannot explain the document, and seems unaware of what they are signing. What is the proper action for the Mississippi notary?

Proceed, since competence is the attorney's responsibility
Proceed but write 'competence uncertain' in the certificate
Refuse to perform the notarial act because the signer does not appear competent or aware (Correct answer)
Ask a family member to sign instead

Correct answer: Refuse to perform the notarial act because the signer does not appear competent or aware

A notary may refuse to act when not satisfied that the signer is competent, has capacity, or is signing knowingly and voluntarily.

Question 23: A Mississippi notary suspects a document is part of an elder financial abuse scheme, but the elderly signer appears willing and competent. What is the most responsible course?

Proceed cautiously if legal requirements are met, document thoroughly, and report suspicions to appropriate authorities (Correct answer)
Confiscate the document from the parties
Notarize without any extra documentation
Refuse solely based on the signer's age

Correct answer: Proceed cautiously if legal requirements are met, document thoroughly, and report suspicions to appropriate authorities

A notary cannot refuse a lawful request from a competent, willing signer but should document carefully and report suspected abuse.

Question 24: How must a Mississippi notary store their commission certificate?

Kept in a secure location accessible when needed (Correct answer)
Filed with the Secretary of State at all times
Posted publicly at their place of business at all times
Submitted to their employer for safekeeping

Correct answer: Kept in a secure location accessible when needed

The notary is responsible for keeping their commission certificate secure and accessible, though Mississippi law does not mandate public posting.

Question 25: A person unknown to the Mississippi notary has no ID, but a longtime acquaintance of the notary is present and swears to the signer's identity. This method of identification is called what?

Presumptive identity
Verification by a credible witness (Correct answer)
Secondary attestation
Constructive identification

Correct answer: Verification by a credible witness

Mississippi law permits identification through the oath of a credible witness who is personally known to the notary and who personally knows the signer.

Question 26: A Mississippi notary is asked to notarize a deed in which the notary is named as the grantee. What should the notary do?

Proceed if another notary co-signs the certificate
Notarize only the grantor's signature
Proceed, but note the conflict in the journal
Refuse, because a notary may not notarize a document in which they have a disqualifying interest (Correct answer)

Correct answer: Refuse, because a notary may not notarize a document in which they have a disqualifying interest

A notary may not perform a notarial act on a record in which the notary is a party or has a direct beneficial interest.

Question 27: Which of the following is a proper reason for a Mississippi notary to refuse a notarization?

The document is written for use in another state
The signer appears intoxicated and unaware of what they are signing (Correct answer)
The signer is of a different religion than the notary
The signer arrived near the end of business hours

Correct answer: The signer appears intoxicated and unaware of what they are signing

A notary must refuse when the signer lacks awareness or willingness, but may not refuse for discriminatory or arbitrary reasons.

Question 28: A notary's employer instructs them to help customers complete legal forms as part of the job. The notary should:

Refuse, because employer instructions do not authorize the practice of law (Correct answer)
Comply if a manager signs off on each form
Comply, because the employer assumes liability
Comply only for repeat customers

Correct answer: Refuse, because employer instructions do not authorize the practice of law

An employer's directive cannot authorize a non-attorney to practice law, and the notary remains personally liable.

Question 29: A signer presents an ID with signs of tampering, such as a peeling laminate over the photo. What should the notary do?

Photocopy the ID and notarize anyway
Repair the laminate and proceed
Decline to accept the ID and request alternative satisfactory evidence (Correct answer)
Accept it if the name matches the document

Correct answer: Decline to accept the ID and request alternative satisfactory evidence

Evidence of tampering makes an ID unreliable, so the notary should request other acceptable identification or refuse to proceed.

Question 30: A Mississippi notary is asked by their employer to notarize a document for a customer who is not present. What should the notary do?

Refuse, because personal appearance of the signer is required (Correct answer)
Comply, since the employer takes responsibility
Notarize it and note the absence in the journal
Notarize it if the customer is known to the employer

Correct answer: Refuse, because personal appearance of the signer is required

Personal appearance before the notary at the time of notarization is mandatory, regardless of employer pressure.

Question 31: What is the ethical problem with a Mississippi notary advertising 'notario público' services to Spanish-speaking clients?

Notaries may not advertise at all
The term is only allowed for court clerks
It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients (Correct answer)
Foreign languages cannot appear in advertising

Correct answer: It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients

In many Latin American countries a 'notario' is a licensed legal professional, so the term misleads clients about the notary's authority.

Question 32: A title company offers a Mississippi notary a commission percentage on every closing the notary 'saves' by notarizing questionable signatures. This arrangement is:

Acceptable as ordinary business incentive pay
Improper because it gives the notary an interest in the transactions (Correct answer)
Required under RESPA
Acceptable if disclosed to the signers

Correct answer: Improper because it gives the notary an interest in the transactions

Compensation tied to transaction outcomes creates a disqualifying financial interest and pressures the notary to act improperly.

Question 33: When should a notary use a seal?

When the signer requests it specifically
Only when notarizing documents that require a signature
Only for legal documents over $1,000 in value
Whenever notarizing any document, as required by state law (Correct answer)

Correct answer: Whenever notarizing any document, as required by state law

In Mississippi, as in most states, a notary public is required by state law to affix their official seal to every document they notarize. The seal, along with the notary's signature and commission expiration date, serves as official evidence that the notarial act was performed by a duly commissioned notary. It authenticates the notary's signature and the validity of the act.

Question 34: In a Mississippi notary journal, entries must be made in what manner?

Alphabetically by signer name
Weekly, in batch summaries
Only for acts involving real estate
Chronologically, at the time of the notarial act (Correct answer)

Correct answer: Chronologically, at the time of the notarial act

Journal entries must be made contemporaneously and kept in chronological order.

Question 35: What should a Mississippi notary record in a journal or notes regarding identification, as a best practice?

Only the signer's phone number
Nothing, since recording ID details is prohibited
The method of identification and the type of ID presented (Correct answer)
The signer's full ID number and a photocopy of the card

Correct answer: The method of identification and the type of ID presented

Best practice is noting how identity was established, such as the document type, without storing unnecessary sensitive data.

Question 36: Why should a Mississippi notary avoid leaving blank lines between journal entries?

Blank lines make the journal too heavy
Gaps could allow fraudulent entries to be inserted later (Correct answer)
Ink fades faster on empty lines
The Secretary of State charges per page

Correct answer: Gaps could allow fraudulent entries to be inserted later

Sequential entries without gaps prevent someone from inserting backdated or fraudulent entries.

Question 37: A nursing home resident wants a will notarized, and the notary suspects the resident may have dementia. Which step is most appropriate before proceeding?

Engage the signer in normal conversation to make a layperson's judgment of awareness, declining if in doubt (Correct answer)
Ask the facility staff to vouch for the resident's capacity
Request the resident's full medical records
Notarize immediately since only courts can judge capacity

Correct answer: Engage the signer in normal conversation to make a layperson's judgment of awareness, declining if in doubt

Notaries make a commonsense, layperson's assessment of awareness through direct conversation and must decline if reasonable doubt remains.

Question 38: Where should a Mississippi notary place the official stamp on a document?

Anywhere in the margin of the first page
Over the signer's signature to link them together
Near the notary's signature on the certificate, without covering any text or signatures (Correct answer)
On the back of the last page only

Correct answer: Near the notary's signature on the certificate, without covering any text or signatures

The stamp belongs on or near the certificate and must not obscure signatures or document text.

Question 39: A title company offers a Mississippi notary $25 per signing 'because closings are important.' The state's maximum fee per notarial act is lower. What may the notary charge for the notarial act itself?

No more than the maximum fee set by Mississippi law for each notarial act (Correct answer)
$25, if disclosed in the journal
Up to double the statutory fee for real estate documents
Whatever the market will bear

Correct answer: No more than the maximum fee set by Mississippi law for each notarial act

Mississippi caps the fee a notary may charge per notarial act, and charging above the statutory maximum for the act itself is a violation.

Question 40: How many journals for tangible records may a Mississippi notary maintain at one time?

Only one (Correct answer)
As many as needed
One per employer
Up to three

Correct answer: Only one

A notary may maintain only one journal at a time for notarial acts performed on tangible records.

Question 41: A Mississippi notary identifies a signer using a passport. What should the journal entry record about identification?

The passport number and expiration date only
Nothing, since ID was verified in person
The method of identification, such as the type of ID presented (Correct answer)
A full photocopy of the passport

Correct answer: The method of identification, such as the type of ID presented

The journal must describe how the individual was identified, such as by personal knowledge or the type of identification credential presented.

Question 42: A Mississippi notary who is also an attorney prepared a contract for a client. May the notary notarize the client's signature on that contract?

No, drafting a document always disqualifies the notary
Yes, if the notary receives no benefit from the transaction other than legal and notarial fees (Correct answer)
No, attorneys may never act as notaries
Yes, but only for contracts under $500

Correct answer: Yes, if the notary receives no benefit from the transaction other than legal and notarial fees

Professional fees for drafting services are not a disqualifying beneficial interest in the underlying transaction itself.

Question 43: What should a Mississippi notary do if they change their name after receiving their commission?

Continue using their commission under the old name until it expires
Surrender the old commission and wait 90 days before reapplying
Notify the circuit court clerk and update their commission information (Correct answer)
File the name change only with the Secretary of State's office

Correct answer: Notify the circuit court clerk and update their commission information

A notary must notify the circuit court clerk of a name change and update their commission to ensure official records are accurate.

Question 44: An affidavit for a Mississippi court requires the affiant to swear the statements are true. Which notarial act is appropriate?

An acknowledgment
A protest
A copy certification
A jurat (Correct answer)

Correct answer: A jurat

Affidavits require the signer to swear or affirm the truth of the contents, which is a jurat.

Question 45: Who is legally responsible if a Mississippi notary's misconduct causes financial harm to a member of the public?

The employer of the notary
The circuit court clerk who issued the commission
Only the surety bond company
The notary and potentially the surety bond company (Correct answer)

Correct answer: The notary and potentially the surety bond company

The notary bears personal liability for misconduct, and the surety bond company may compensate the harmed party up to the bond amount.

Question 46: A Mississippi notary discovers their journal has been stolen from their car. What must they do?

Start a new journal without any notification
File a report only with local police
Ask the Governor's office for a replacement
Promptly notify the Secretary of State (Correct answer)

Correct answer: Promptly notify the Secretary of State

A notary must promptly notify the Secretary of State if the journal is lost or stolen.

Question 47: A Mississippi notary certificate states the signer 'personally appeared,' but the notary handled it over an unauthorized phone call. What has the notary committed?

An acceptable modern accommodation
A violation only if the document is later disputed
A minor clerical error with no consequences
A false certification, which can lead to civil and criminal penalties (Correct answer)

Correct answer: A false certification, which can lead to civil and criminal penalties

Certifying facts that did not occur is a false certification and exposes the notary to serious penalties.

Question 48: Why should a Mississippi notary keep records of fees charged even though the amounts are small?

Fees must be surrendered upon commission renewal
State law requires depositing fees in escrow
Records support tax reporting and defend against complaints of overcharging (Correct answer)
Records allow the notary to raise the cap later

Correct answer: Records support tax reporting and defend against complaints of overcharging

Fee records protect the notary in audits, tax filings, and disputes over what was charged.

Question 49: Halfway through the year, a Mississippi notary fills the last page of their journal. What should they do with the completed journal?

Sell it to a records company
Shred it since a new one is starting
Securely store it for the full retention period and begin a new journal (Correct answer)
Give it to the Secretary of State immediately

Correct answer: Securely store it for the full retention period and begin a new journal

A completed journal must still be safeguarded for the retention period even after a new journal is started.

Question 50: Why should a notary scan a document for completeness before notarizing, even though the notary does not certify its contents?

To verify the document will be accepted by a court
To provide legal advice about its terms
To confirm there are no blanks and to identify the document type for the journal and certificate (Correct answer)
To correct grammar and spelling errors

Correct answer: To confirm there are no blanks and to identify the document type for the journal and certificate

Reviewing the document lets the notary detect blanks, determine the notarial act required, and record accurate details, without judging its legal content.

Mississippi Notary Public Knowledge Assessment

Assesses knowledge of Mississippi notary public law, covering notarial acts, acknowledgments, jurats, seal and certificate requirements, journal keeping, fees, and legal and ethical responsibilities under the Mississippi Code.

Questions

60 min

Time Limit

70%

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