MS Notary Special Circumstances in Notarization 3

Question 1

A signer who speaks no English arrives with an interpreter for a notarization. What is the safest practice for a Mississippi notary who cannot communicate with the signer directly?

Accepted Answer

Decline and refer the signer to a notary who speaks the signer's language

Answer

Because the notary cannot verify willingness and awareness through a third party, best practice is to refer the signer to a notary fluent in their language.

Question 2

A signer wants a photocopy of a birth certificate certified by a notary. How should a Mississippi notary respond?

Accepted Answer

Decline, because vital records copies must come from the issuing agency

Answer

Vital records such as birth certificates are publicly recorded documents whose certified copies must be obtained from the official custodian, not a notary.

Question 3

During a signing, the notary notices the signer's hand is being physically guided by another person who also stands to benefit from the document. The notary should:

Accepted Answer

Stop and privately assess whether the signer is acting willingly and free of coercion

Answer

Signs of possible coercion require the notary to verify the signer's free will, ideally by speaking with the signer alone, before proceeding.

Question 4

A signer with a mark (an 'X') instead of a signature requests a notarization. What does best practice generally require?

Accepted Answer

Allow the mark, typically with witnesses who also sign, and note the circumstances

Answer

A signer may sign by mark, and best practice calls for disinterested witnesses and a notation describing how the signature was made.

Question 5

A deployed service member's spouse asks the notary to notarize the absent service member's signature on a car title, showing a valid military ID for the absent spouse. The notary should:

Accepted Answer

Refuse because the signer must personally appear before the notary

Answer

Personal appearance by the actual signer is an absolute requirement, and no relationship or hardship exempts it.

(MS Notary) Mississippi Notary Exam Practice Test

(MS Notary) Mississippi Notary Exam Practice Test

MS Notary Special Circumstances in Notarization 3