Notarial Acts and Procedures Flashcards
7 cards from real MS NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Notarial Acts and Procedures flashcards as text
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.
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.
A notarial certificate for a remotely located individual must indicate what fact?
Answer: That the notarial act was performed using communication technology
The certificate must state that the act involved a remotely located individual and was performed by means of communication technology.
A Mississippi notary receives a subpoena for journal records from two years ago. The notary stopped commissioning last year. What is true about journal retention?
Answer: The journal must be retained for the statutory period even after the commission ends
A notary must retain the journal for the retention period required by law even after the commission expires or is resigned.
An employer tells a Mississippi notary-employee to notarize documents for customers without requiring them to appear. What is the correct response?
Answer: Refuse, because the notary is personally liable and personal appearance cannot be waived by an employer
The commission belongs to the notary personally, and no employer directive can excuse the legal requirement of personal appearance.
A signer with a physical disability cannot sign their name. Under Mississippi procedure, how may the signature be made?
Answer: The individual may direct another person to sign their name in the presence of the notary, with the notary noting the fact in the certificate
Mississippi law allows a signature by proxy, where another individual signs at the disabled person's direction in the notary's presence, with the certificate noting how the signature was made.
A notary is asked to note a protest of a negotiable instrument. Under Mississippi's notary law, who may perform this act?
Answer: Only a notary who is also licensed to practice law or acting under an attorney's or financial institution's direction
Under Mississippi's RULONA, noting a protest is restricted to notaries who are attorneys or who act under the authority of an attorney or a financial institution.