MS Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: 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?
- Verification by a credible witness (Correct answer)
- Constructive identification
- Presumptive identity
- Secondary attestation
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 2: Under Mississippi's identification rules, which of the following is generally acceptable as satisfactory evidence of identity?
- A passport or government-issued ID that is current or expired no more than three years (Correct answer)
- A private gym membership card with a photo
- A business card with the signer's name
- A notarized letter from the signer's employer
Correct answer: A passport or government-issued ID that is current or expired no more than three years
Satisfactory evidence includes a passport, driver's license, or other government-issued identification that is current or expired not more than three years before the notarial act.
Question 3: 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?
- Refuse to perform the notarial act because the signer does not appear competent or aware (Correct answer)
- Proceed, since competence is the attorney's responsibility
- Proceed but write 'competence uncertain' in the certificate
- 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 4: A daughter asks a Mississippi notary to notarize her hospitalized father's power of attorney, offering to bring the signed document herself because he cannot travel. What must the notary do?
- Decline unless the father personally appears before the notary, such as by the notary traveling to the hospital (Correct answer)
- Accept the daughter's sworn statement that the signature is genuine
- Notarize it if the father confirms by telephone
- Notarize it if the daughter holds power of attorney
Correct answer: Decline unless the father personally appears before the notary, such as by the notary traveling to the hospital
Personal appearance before the notary is required for every notarial act, though the notary may travel to the signer's location.
Question 5: Which element is NOT required in a Mississippi notarial certificate?
- The signer's home address (Correct answer)
- The venue showing the state and county where the act was performed
- The notary's signature
- The notary's commission expiration date
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 6: A document is presented with a pre-printed jurat certificate, but the signer only wants an acknowledgment. What should the Mississippi notary do?
- Ask the signer which act is intended and attach or complete the correct certificate, without choosing for them (Correct answer)
- Complete the jurat since it is already printed
- Perform both acts to be safe
- Refuse to notarize any document with a pre-printed certificate
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 7: May a Mississippi notary certify a copy of a birth certificate?
- No, copies of vital records and other publicly recordable documents should not be certified by a notary (Correct answer)
- Yes, if the original is presented
- Yes, but only for immigration purposes
- Yes, if the state registrar approves in writing
Correct answer: No, copies of vital records and other publicly recordable documents should not be certified by a notary
Vital records such as birth certificates must be certified by the official custodian of the record, not by a notary.
MS Notary Notarial Acts and Procedures 3
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?