MS Notary Notary Seal and Certificate Requirements 3 — Questions and Answers
Question 1: A Mississippi notary discovers her official stamp has been stolen from her car. What should she do?
- Promptly notify the Secretary of State of the theft (Correct answer)
- Simply order a new stamp and continue working
- Wait 30 days to see if it is returned
- Report it only to her employer
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 2: When a Mississippi notary's commission expires and is not renewed, what must be done with the official stamp?
- It must be disabled or destroyed so it cannot be misused (Correct answer)
- It must be mailed to the Governor's office
- It may be kept as-is for personal records
- It must be given to the notary's employer
Correct answer: It must be disabled or destroyed so it cannot be misused
On expiration, resignation, or revocation, the notary must disable the stamp by destroying, defacing, or otherwise rendering it unusable.
Question 3: Which of the following certificates would be defective in Mississippi?
- A certificate dated three days after the acknowledgment actually occurred (Correct answer)
- A certificate showing the county where the act took place
- A certificate signed with the same name shown on the notary's commission
- A certificate that uses a statutory short form
Correct answer: A certificate dated three days after the acknowledgment actually occurred
The certificate must be dated and executed at the time of the notarial act, so a later date misstates the act.
Question 4: A document arrives with a pre-printed notarial certificate for Alabama. A Mississippi notary performing the act in Mississippi should:
- Correct or replace the certificate so it reflects Mississippi as the venue (Correct answer)
- Sign it as-is since the wording is similar
- Refuse to notarize any out-of-state document
- Cross out 'Alabama' and leave the venue blank
Correct answer: Correct or replace the certificate so it reflects Mississippi as the venue
The certificate must accurately state the jurisdiction where the act was performed, so the venue must be corrected to Mississippi.
Question 5: How must a Mississippi notary sign a notarial certificate?
- With the same name shown on the notary's commission (Correct answer)
- With any legible variation of the name
- With initials only, to save space
- With a rubber signature stamp used by an assistant
Correct answer: With the same name shown on the notary's commission
The notary must sign exactly the name under which he or she was commissioned.
Question 6: 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:
- Refuse, because only the notary may apply the official stamp (Correct answer)
- Send it if the lender signs a liability waiver
- Send it for use only on that lender's loan packages
- Send it after verifying the lender's license
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 7: A Mississippi notarial certificate for a jurat differs from an acknowledgment certificate mainly because a jurat certifies that the signer:
- Signed in the notary's presence and took an oath or affirmation as to the contents (Correct answer)
- Merely delivered the document to the notary
- Was identified by two credible witnesses
- Owns the property described in the document
Correct answer: Signed in the notary's presence and took an oath or affirmation as to the contents
A jurat certifies that the signer appeared, signed in the notary's presence, and swore or affirmed to the truth of the contents.
MS Notary Notary Seal and Certificate Requirements 3
A Mississippi notary discovers her official stamp has been stolen from her car.
What should she do?