Mississippi Notary Public Knowledge Assessment — Questions and Answers

Question 1: The core test for whether a notary's action is unauthorized practice of law is whether the notary:

Charged more than the maximum notary fee
Exercised legal judgment or gave advice affecting another person's legal rights (Correct answer)
Used a stamp instead of an embossing seal
Performed the act outside their home county

Correct answer: Exercised legal judgment or gave advice affecting another person's legal rights

The practice of law centers on exercising legal judgment or advising on legal rights, regardless of fees or location.

Question 2: A notary is asked to notarize a settlement agreement resolving a lawsuit in which the notary is the plaintiff. The notary must:

Proceed since the lawsuit is separate from the notarization
Decline because they are a party to the underlying matter (Correct answer)
Proceed if their attorney approves
Proceed and note the case number in the certificate

Correct answer: Decline because they are a party to the underlying matter

A notary who is a party to the agreement being notarized has a direct interest and is disqualified.

Question 3: Is a notary allowed to decide whether a document should receive an acknowledgment or jurat?

The county clerk decides
Only attorneys can make this determination
No, the signer or the document itself dictates which notarial act is needed (Correct answer)
Yes, the notary always decides the type of notarial act

Correct answer: No, the signer or the document itself dictates which notarial act is needed

The notary does not choose the type of notarial act. The document's requirements or the signer's request determines whether an acknowledgment, jurat, or other act is appropriate.

Question 4: Which element is REQUIRED for a jurat that is not required for an acknowledgment?

The signer's personal appearance
Completing a notarial certificate
Verifying the signer's identity
Administering an oath or affirmation to the signer (Correct answer)

Correct answer: Administering an oath or affirmation to the signer

A jurat requires the notary to administer an oath or affirmation, while an acknowledgment does not.

Question 5: A signer who is physically unable to sign asks the notary for help executing a deed. Which procedure is acceptable in Mississippi?

The notary skips the signature and relies on the acknowledgment alone
A family member signs later and mails the document back
The signer directs another individual to sign on their behalf in the signer's and notary's presence (Correct answer)
The notary signs the signer's name without any notation

Correct answer: The signer directs another individual to sign on their behalf in the signer's and notary's presence

Signature by proxy allows a disabled signer to direct another person to sign in the presence of both the signer and the notary.

Question 6: Must a notary include a thumbprint in their journal?

Yes, all states require thumbprints
Only for international documents
No state requires thumbprints
Only if required by state law; some states mandate it for certain documents (Correct answer)

Correct answer: Only if required by state law; some states mandate it for certain documents

Thumbprint requirements vary by state. Some states like California require thumbprints for certain documents (like deeds), while most states do not mandate them.

Question 7: When a Mississippi notary charges a permitted travel fee, how should it appear in records given to the client?

Listed as a government tax
Recorded only in the notary's head
Itemized separately from the notarial act fee (Correct answer)
Blended into one total with no breakdown

Correct answer: Itemized separately from the notarial act fee

Travel charges must be transparent and itemized apart from the statutory notarization fee.

Question 8: Which element is NOT required in a Mississippi notarial certificate?

The signer's home address (Correct answer)
The notary's signature
The notary's commission expiration date
The venue showing the state and county where the act was performed

Correct answer: The signer's home address

A certificate must include the venue, the notary's signature, title, commission expiration, and official stamp, but not the signer's home address.

Question 9: Can a notary charge extra for notarizing documents after business hours?

No, the same fee must be charged at all times
Only on weekends
Yes, additional convenience fees may be charged beyond the statutory notarization fee (Correct answer)
Only with prior written approval from the state

Correct answer: Yes, additional convenience fees may be charged beyond the statutory notarization fee

Many states allow notaries to charge convenience or after-hours fees in addition to the statutory maximum for the notarial act itself, as these fees compensate for the notary's time and inconvenience.

Question 10: A Mississippi notary performs an oath and also certifies a copy for the same client. How many fees may be charged?

Two fees, because two distinct notarial acts were performed (Correct answer)
One fee, because it was one appointment
None, because combined services are free
Three fees, adding one for paperwork

Correct answer: Two fees, because two distinct notarial acts were performed

Each authorized notarial act carries its own chargeable fee up to the maximum.

Question 11: An attorney requests a copy of a specific journal entry from a Mississippi notary. What is the appropriate response?

Hand over the entire original journal
Charge a $100 confidentiality fee first
Refuse because the journal is secret
Provide a copy of the requested entry (Correct answer)

Correct answer: Provide a copy of the requested entry

A notary may provide a certified or plain copy of a specific entry while keeping custody of the original journal.

Question 12: A signer asks a Mississippi notary to sign and stamp a blank acknowledgment certificate to be attached to a document later. The notary should:

Comply if the document will be signed within one week
Comply if the signer is well known to the notary
Comply but note 'pre-signed' in the journal
Refuse, because a certificate may not be signed before the notarial act is performed (Correct answer)

Correct answer: Refuse, because a certificate may not be signed before the notarial act is performed

A notary may not affix a signature or stamp to a certificate before the notarial act has been performed.

Question 13: A Mississippi notary resigns their commission. What must happen to the journal?

It must be retained for the required period or transmitted to an approved repository (Correct answer)
It must be mailed to the Governor
It must be handed to the notary's employer permanently
It must be burned to protect signer privacy

Correct answer: It must be retained for the required period or transmitted to an approved repository

On resignation or revocation, the journal must still be retained for the retention period or deposited with an approved repository.

Question 14: A lender asks a Mississippi notary to 'just witness' signatures on loan documents without completing certificates, seals, or journal entries. What is the risk?

Witnessing is prohibited in all circumstances
Ambiguous quasi-official acts blur the notary's role and can create liability without proper records (Correct answer)
The lender assumes all responsibility
There is no risk since no seal was used

Correct answer: Ambiguous quasi-official acts blur the notary's role and can create liability without proper records

Performing undocumented, ambiguous acts tied to the notary's status invites disputes without the protection of proper records.

Question 15: A document is presented with a pre-printed jurat certificate, but the signer only wants an acknowledgment. What should the Mississippi notary do?

Complete the jurat since it is already printed
Ask the signer which act is intended and attach or complete the correct certificate, without choosing for them (Correct answer)
Refuse to notarize any document with a pre-printed certificate
Perform both acts to be safe

Correct answer: Ask the signer which act is intended and attach or complete the correct certificate, without choosing for them

The signer or document custodian must choose the type of act, and the notary completes certificate wording that matches that choice, since selecting the act for them could be unauthorized practice of law.

Question 16: Which statement about refusing service over fees is correct for a Mississippi notary?

A notary must sue the client before refusing
A notary must always serve regardless of payment
A notary may refuse only wealthy clients
A notary may decline to perform an act if the client refuses to pay the disclosed lawful fee (Correct answer)

Correct answer: A notary may decline to perform an act if the client refuses to pay the disclosed lawful fee

A notary is not obligated to work without the agreed lawful fee, provided refusal is not discriminatory.

Question 17: A Mississippi notary must take an oath of office before which official?

The Secretary of State
A sitting judge
A senior commissioned notary
The circuit court clerk (Correct answer)

Correct answer: The circuit court clerk

The oath of office must be administered by the circuit court clerk, who also issues the commission.

Question 18: A signer asks the notary, 'Does this affidavit mean I give up my property rights?' The proper response is:

"No, affidavits never affect property rights."
"I cannot interpret the document; please consult an attorney." (Correct answer)
"Let me read it and tell you what it means."
"Yes, that is what affidavits usually do."

Correct answer: "I cannot interpret the document; please consult an attorney."

Interpreting the legal meaning or effect of a document is legal advice reserved for licensed attorneys.

Question 19: A Mississippi employer pays for an employee's notary commission and supplies. Who may keep fees collected during work hours?

The Secretary of State
The county in which the business operates
The employer, if the notary and employer have agreed to that arrangement (Correct answer)
Always the notary personally, regardless of any agreement

Correct answer: The employer, if the notary and employer have agreed to that arrangement

An employer and employee-notary may agree that fees collected on the job belong to the employer.

Question 20: Can a notary who is also an attorney provide legal advice during a notarization?

Yes, with no limitations
Yes, but only in their capacity as an attorney, not as a notary, and they should clarify the distinction (Correct answer)
Only if they charge a separate fee for legal advice
No, being a notary prevents them from giving legal advice

Correct answer: Yes, but only in their capacity as an attorney, not as a notary, and they should clarify the distinction

A notary who is also an attorney may provide legal advice in their attorney capacity, but should clearly distinguish between their roles and not imply that legal advice is part of the notary service.

Question 21: Which official issues a notary public commission in Mississippi?

The Governor
The Secretary of State
The Circuit Court Clerk (Correct answer)
The County Sheriff

Correct answer: The Circuit Court Clerk

In Mississippi, the circuit court clerk of the applicant's county issues the notary public commission.

Question 22: A notary is executor of an estate and must have estate documents notarized. Who should notarize them?

Any beneficiary of the estate who holds a commission
The executor-notary, since executors are court-supervised
A disinterested notary with no role in the estate (Correct answer)
The attorney who drafted the will, acting as notary

Correct answer: A disinterested notary with no role in the estate

As executor, the notary is a party with a fiduciary role and interest, so an uninvolved notary must perform the acts.

Question 23: Can a notary charge a fee for their services in Mississippi?

Yes, as long as it is a reasonable amount agreed upon by both parties
Yes, but only if the fee is approved by the local county clerk
Yes, and the fees must comply with the limits set by state law (Correct answer)
No, notaries must provide their services for free

Correct answer: Yes, and the fees must comply with the limits set by state law

Notaries public in Mississippi are permitted to charge fees for their services, but these fees are not arbitrary. State law sets specific maximum limits for various notarial acts to ensure fairness and prevent excessive charges. Notaries must adhere to these statutory fee schedules and clearly communicate them to clients.

Question 24: A notary's spouse is selling a car and asks the notary to notarize the bill of sale. Why should the notary decline?

The notary may have a disqualifying financial or beneficial interest in the transaction (Correct answer)
Spouses can never sign legal documents
Bills of sale cannot be notarized in Mississippi
The notary's seal is invalid for family use

Correct answer: The notary may have a disqualifying financial or beneficial interest in the transaction

Notaries should not notarize transactions in which they or their spouse have a direct financial or beneficial interest.

Question 25: A lender asks a Mississippi notary to send a photocopy of her stamp so the lender can affix it to future certificates. The notary should:

Send it after verifying the lender's license
Send it for use only on that lender's loan packages
Send it if the lender signs a liability waiver
Refuse, because only the notary may apply the official stamp (Correct answer)

Correct answer: Refuse, because only the notary may apply the official stamp

Allowing another person to possess or apply the official stamp violates the notary's duty of exclusive control.

Question 26: Which of these belongs in a Mississippi journal entry's description field?

A brief description of the record and the type of notarial act performed (Correct answer)
The signer's bank account details
The full text of the notarized document
The notary's opinion of the transaction's fairness

Correct answer: A brief description of the record and the type of notarial act performed

The entry must identify the type of notarial act and briefly describe the record involved.

Question 27: Which of the following is considered a valid form of identification for a notary public in Mississippi?

A utility bill with the signer’s name and address
A credit card with a photograph
A letter from an employer confirming identity
A state-issued driver’s license or non-driver’s identification card (Correct answer)

Correct answer: A state-issued driver’s license or non-driver’s identification card

For identification purposes, Mississippi notaries must rely on reliable, government-issued documents that contain a photograph and signature. A state-issued driver's license or non-driver's identification card meets these criteria, providing satisfactory evidence of the signer's identity. Other forms like credit cards or utility bills typically lack the necessary security features or government backing.

Question 28: A signer appears with a document written in Spanish, which the Mississippi notary cannot read. The notary and signer communicate well in English. May the notary proceed?

Only if a certified translator signs an affidavit
No, notaries may only notarize English-language documents
Yes, if the notary can identify the signer and communicate directly with them, since the notary certifies the act, not the contents (Correct answer)
Only if the notary attaches an English summary

Correct answer: Yes, if the notary can identify the signer and communicate directly with them, since the notary certifies the act, not the contents

Mississippi notaries certify the signer's identity and the notarial act itself, not the document's contents, so a foreign-language document may be notarized if the notary and signer can communicate directly.

Question 29: A longtime friend asks the notary to notarize a document 'as a favor' without appearing, promising to sign it later that night. The notary should:

Agree but charge no fee to reduce liability
Agree because the notary knows the friend's signature well
Refuse, since personal appearance at the time of notarization is required no matter the relationship (Correct answer)
Agree if the friend texts a photo of the signed document

Correct answer: Refuse, since personal appearance at the time of notarization is required no matter the relationship

Familiarity with a signer never waives the personal appearance requirement, and notarizing without appearance is serious misconduct.

Question 30: Which detail about the individual for whom a notarial act is performed must appear in the journal entry?

The individual's driver's license number
The individual's name and address (Correct answer)
The individual's telephone number
The individual's employer

Correct answer: The individual's name and address

The journal entry must include the full name and address of each individual for whom the notarial act is performed.

Question 31: Can a notary refuse to notarize if the signer cannot pay?

No, notarization must always be provided regardless of payment
Yes, a notary is not required to perform notarizations for free (Correct answer)
Only government employees must notarize for free
Only if the document is non-essential

Correct answer: Yes, a notary is not required to perform notarizations for free

A notary is a private service provider (even if commissioned by the state) and may decline service if the fee is not paid, unless they are a government employee required to provide free notarizations.

Question 32: What does 'personal knowledge' of a signer's identity mean for a Mississippi notary?

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

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 33: A Mississippi notary discovers her official stamp has been stolen from her car. What should she do?

Wait 30 days to see if it is returned
Report it only to her employer
Simply order a new stamp and continue working
Promptly notify the Secretary of State of the theft (Correct answer)

Correct answer: Promptly notify the Secretary of State of the theft

A notary must promptly notify the Secretary of State upon discovering that the official stamp is lost or stolen.

Question 34: When a Mississippi notary's commission expires, what must they do to continue performing notarial acts?

File an automatic renewal form online
Submit a request to the Governor's office
Apply for a new commission through the circuit court clerk (Correct answer)
Wait 90 days then resume using their old commission

Correct answer: Apply for a new commission through the circuit court clerk

A notary whose commission has expired must apply for a new commission; expired commissions cannot be automatically renewed.

Question 35: A client cannot afford the fee for notarizing an affidavit needed for public benefits. The Mississippi notary may:

Perform the act and bill the county
Charge the fee to the Secretary of State
Refuse because reduced fees are illegal
Waive or reduce the fee at their discretion (Correct answer)

Correct answer: Waive or reduce the fee at their discretion

Notaries have full discretion to lower or waive their fees for any client.

Question 36: Which element found on most acceptable IDs helps a notary confirm identity beyond the photograph?

The renewal fee amount
A physical description and signature of the bearer (Correct answer)
The DMV office location
The card's serial production number

Correct answer: A physical description and signature of the bearer

Physical descriptors such as height and eye color, along with the bearer's signature, give additional points of comparison against the person present.

Question 37: 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?

Yes, but only for contracts under $500
No, attorneys may never act as notaries
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)

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 38: A customer asks, 'What happens legally if I don't get this document notarized?' The best response is:

"Nothing happens; notarization is optional."
"The document becomes void after 30 days."
"I can't advise on legal consequences; check with the receiving agency or an attorney." (Correct answer)
"You could be arrested for filing it unnotarized."

Correct answer: "I can't advise on legal consequences; check with the receiving agency or an attorney."

Predicting the legal consequences of notarizing or not notarizing a document is legal advice the notary cannot give.

Question 39: A notary's employer instructs them to help customers complete legal forms as part of the job. The notary should:

Comply, because the employer assumes liability
Comply if a manager signs off on each form
Refuse, because employer instructions do not authorize the practice of law (Correct answer)
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 40: A notary's employer keeps all notarization fees per their agreement. Who remains legally responsible for the proper performance of the notarial acts?

The employer alone
The client who paid
The notary personally, regardless of who keeps the fees (Correct answer)
The Secretary of State

Correct answer: The notary personally, regardless of who keeps the fees

Liability for notarial misconduct always stays with the commissioned notary, no matter who receives the fees.

Question 41: A signer presents a document written entirely in Spanish, a language the notary cannot read. The notarial certificate is in English. What should the notary do?

Refuse because notaries may never notarize foreign-language documents
Proceed if the notary can communicate directly with the signer and complete the English certificate (Correct answer)
Translate the document before notarizing
Ask a bystander to summarize the document and rely on that summary

Correct answer: Proceed if the notary can communicate directly with the signer and complete the English certificate

A notary may notarize a foreign-language document if they can communicate directly with the signer and properly complete the certificate.

Question 42: A Mississippi notary performs a remote online notarization. What is true about recording it?

Online acts are exempt from journaling
The act must be recorded in the journal like other notarial acts, along with any required audio-visual recording retention (Correct answer)
Only the technology vendor keeps records
A separate paper journal is prohibited for online acts

Correct answer: The act must be recorded in the journal like other notarial acts, along with any required audio-visual recording retention

Remote notarizations must be entered in the journal, and the audio-visual recording must also be retained as required by law.

Question 43: Which is the safest professional practice for a Mississippi notary regarding documents for immediate family members?

Decline and refer them to a disinterested notary (Correct answer)
Notarize only if the family member signs a waiver
Notarize only wills for family members
Notarize but charge double the fee

Correct answer: Decline and refer them to a disinterested notary

Even where not strictly prohibited, refusing to notarize for close family avoids any appearance of partiality or interest.

Question 44: What should a notary do if asked to notarize a document for their employer?

They must always comply with employer requests
They may do so only if the notary has no personal interest in the transaction (Correct answer)
They should charge double the standard fee
They must always refuse employer requests

Correct answer: They may do so only if the notary has no personal interest in the transaction

A notary may notarize for their employer as long as the notary has no personal financial or beneficial interest in the specific transaction and is not named in the document.

Question 45: A notary journals two acknowledgments for the same signer on two documents in one visit. How many journal entries are appropriate?

One combined entry with no document details
Two, one for each notarial act (Correct answer)
None, since it was a single visit
Ten, one per document page

Correct answer: Two, one for each notarial act

Each notarial act performed should have its own journal entry describing the specific record.

Question 46: Which of these actions by a notary would NOT be unauthorized practice of law?

Deciding which exhibits should be attached to a pleading
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)

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 47: A notary's business partner asks the notary to notarize a contract that will bring profits to their jointly owned partnership. The notary should:

Proceed if the partnership agreement allows it
Decline because the partnership profit is a direct financial benefit to the notary (Correct answer)
Proceed and split the notarial fee with the partner
Proceed because only the partner is signing

Correct answer: Decline because the partnership profit is a direct financial benefit to the notary

Profits flowing to the notary through a jointly owned business create a direct beneficial interest in the transaction.

Question 48: May a Mississippi notary perform a notarization free of charge?

Yes, charging a fee is optional and may be waived (Correct answer)
No, the maximum fee must always be collected
Only with written approval from the Secretary of State
Only for immediate family members

Correct answer: Yes, charging a fee is optional and may be waived

The statutory fee is a maximum, not a requirement, so a notary may charge less or nothing.

Question 49: A Mississippi remote online notary must keep which additional record beyond the journal?

A printed transcript of the video call
A notarized copy of every ID
The signer's email password
An audio-visual recording of the online notarization (Correct answer)

Correct answer: An audio-visual recording of the online notarization

Remote online notarizations require retention of the audio-visual recording of the session.

Question 50: A signer asks the notary to notarize a self-proving affidavit for a will at a hospital bedside while several beneficiaries watch closely. Which extra precaution is most appropriate?

Refuse all bedside notarizations as a rule
Have the beneficiaries co-sign the notarial certificate
Speak with the signer privately to confirm free will before completing the act (Correct answer)
Ask the beneficiaries to answer for the signer to save time

Correct answer: Speak with the signer privately to confirm free will before completing the act

When interested parties hover over a vulnerable signer, a private conversation helps the notary rule out undue influence.

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

30 min

Time Limit

70%

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