MS Notary Acknowledgments and Jurats 3 — Questions and Answers
Question 1: For a jurat performed by a Mississippi notary, when must the document be signed?
- In the notary's presence at the time of notarization (Correct answer)
- Any time before the signer appears
- Within 30 days before the notarization
- After the notary completes the certificate
Correct answer: In the notary's presence at the time of notarization
A jurat requires the signer to sign the document in the notary's presence.
Question 2: An attorney-in-fact appears to acknowledge a deed signed under a power of attorney. How should the acknowledgment certificate reflect this?
- It should state the person signed in a representative capacity for the principal (Correct answer)
- It should name only the principal as the person appearing
- It cannot be done; only the principal may acknowledge
- It should omit any mention of the representative capacity
Correct answer: It should state the person signed in a representative capacity for the principal
A representative acknowledgment identifies the appearing signer and states the capacity in which they signed for the principal.
Question 3: Which statement about the venue section (e.g., "State of Mississippi, County of Hinds") of a certificate is correct?
- It must show where the notarization actually took place (Correct answer)
- It must show where the signer lives
- It must show where the document will be recorded
- It may be left blank if the notary's seal is affixed
Correct answer: It must show where the notarization actually took place
The venue records the state and county where the notarial act was physically performed.
Question 4: A pre-printed jurat certificate shows a date of last month, but the signer is appearing today. What must the notary do?
- Correct the certificate to show today's date before completing it (Correct answer)
- Use the pre-printed date since it is already on the form
- Leave the date blank for the receiving agency to fill in
- Notarize but note the discrepancy only in a journal
Correct answer: Correct the certificate to show today's date before completing it
The certificate must state the actual date the notarial act is performed, so the notary corrects the wrong date.
Question 5: During an acknowledgment, the notary realizes the signer appears confused and cannot explain what the document is. What is the best course of action?
- Decline to notarize because the signer seems unaware of the transaction (Correct answer)
- Proceed, since awareness is the attorney's responsibility
- Complete a jurat instead of an acknowledgment
- Have a family member acknowledge on the signer's behalf
Correct answer: Decline to notarize because the signer seems unaware of the transaction
A notary should refuse to notarize when the signer does not appear to understand the document or act willingly.
Question 6: What is the legal significance of the notary's signature and seal on an acknowledgment certificate?
- It certifies the facts stated in the certificate occurred as written (Correct answer)
- It guarantees the document's contents are accurate
- It makes the underlying transaction legally binding
- It transfers liability for the document to the notary
Correct answer: It certifies the facts stated in the certificate occurred as written
The notary's signature and seal certify only that the notarial acts described in the certificate actually took place.
Question 7: An affidavit for a Mississippi court requires the affiant to swear the statements are true. Which notarial act is appropriate?
- A jurat (Correct answer)
- An acknowledgment
- A copy certification
- A protest
Correct answer: A jurat
Affidavits require the signer to swear or affirm the truth of the contents, which is a jurat.
MS Notary Acknowledgments and Jurats 3
For a jurat performed by a Mississippi notary, when must the document be signed?