Mixed Deck — All MS NOTARY Topics Flashcards

What must a notary do with their seal when their commission expires?

Answer: Destroy or deface the seal to prevent unauthorized use

When a commission expires, the notary must destroy or deface their seal to ensure it cannot be used for unauthorized notarial acts.

A Mississippi notary charges $5 for an acknowledgment. How does this relate to the journal?

Answer: The fee charged, if any, should be recorded in the journal entry

The fee charged for the notarial act, if any, is recorded as part of the journal entry.

A signer offers a foreign passport as identification for a notarization in Mississippi. Is this generally acceptable?

Answer: Yes, a passport issued by a foreign government can be acceptable identification

A passport, including one issued by a foreign government, can serve as an acceptable identity document under Mississippi's notary law.

Since July 1, 2021, Mississippi notaries may perform notarial acts for remotely located individuals using audio-visual technology. What is required before a notary may do so?

Answer: Notifying the Secretary of State and using an approved communication technology provider

A Mississippi notary must notify the Secretary of State and identify the technology to be used before performing remote online notarizations.

Can a notary accept foreign identification documents?

Answer: Yes, a valid foreign passport is generally acceptable identification

Foreign passports are generally accepted as valid identification for notarization because they are government-issued photo IDs meeting the basic identification requirements.

In what order must entries be made in a Mississippi notary journal?

Answer: Chronological order

Mississippi requires journal entries to be recorded in chronological order.

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

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.

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

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.

A customer asks the notary to 'just tell me if this lease is fair.' The notary should:

Answer: Decline to evaluate the lease and suggest consulting an attorney

Evaluating the fairness or adequacy of a legal document is legal judgment reserved for attorneys.

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

Answer: Itemized separately from the notarial act fee

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

Which scenario shows a proper reason to review a journal entry after the fact?

Answer: Providing evidence of what occurred when a notarized document is challenged in court

A properly kept journal serves as evidence of the circumstances of a notarial act if the document is later disputed.

Which notarial act requires the signer to sign the document in the notary's presence?

Answer: A verification on oath or affirmation (jurat)

A jurat requires the signer to sign in the notary's presence after taking an oath or affirmation that the contents are true.

A client disputes the fee after the notarization is complete. What could the notary have done to avoid this situation?

Answer: Quoted and agreed on the fee before performing the act

Advance fee agreement prevents disputes and demonstrates fair dealing.

Before a Mississippi notary commission becomes effective, the notary must:

Answer: Take an oath of office before the circuit court clerk

After receiving a commission, the notary must take the oath of office before the circuit court clerk before performing any notarial acts.

A Mississippi notary's adult child asks them to notarize a power of attorney naming the notary as the agent. What should the notary do?

Answer: Decline, because being named in the document creates a direct beneficial interest

A notary named as a party or beneficiary in a document is disqualified from notarizing it.

During a remote online notarization in Mississippi, what must the notary create and retain in addition to the journal entry?

Answer: An audio-visual recording of the notarial act

Remote notarizations require the notary to create and retain an audio-visual recording of the performance of the act.

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

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.

A notary who is a shareholder holding a small amount of stock in a large public corporation is asked to notarize a routine corporate document. What is the general rule?

Answer: The notary may proceed because the interest is indirect and nominal

A remote, nominal interest such as minor stock ownership in a public company is generally not a disqualifying direct beneficial interest.

After administering the oath for a jurat, what facts is the notary certifying in the completed certificate?

Answer: That the signer appeared, was identified, took the oath, and signed in the notary's presence on the stated date

The jurat certifies appearance, identification, the oath, and the in-presence signature on the stated date — not the truth or legality of the contents.

A title company asks a Mississippi notary for information about a past notarization it has a legitimate interest in. What is a reasonable response?

Answer: Provide a copy or inspection of the relevant journal entry in line with applicable rules

A notary may allow inspection of or provide a copy of the specific relevant entry to a person with a legitimate interest, consistent with governing rules.