Performing Common Notarial Acts Flashcards

A signer brings a deed that was signed yesterday at home and asks for an acknowledgment today. What should the Notary do?

Answer: Proceed if the signer personally appears and acknowledges the signature as their own

For an acknowledgment, the signer must personally appear and declare the signature is theirs, but need not sign in front of the Notary.

Which statement does the signer make during an acknowledgment?

Answer: That they signed the document willingly for its stated purpose

An acknowledgment confirms the signer's identity and that they signed voluntarily, not the truth of the contents.

An acknowledgment certificate states the signer 'personally appeared' on March 3, but the signer actually appeared March 4. What is the problem?

Answer: The certificate contains a false statement and should not be completed that way

The certificate must accurately reflect the date the signer personally appeared; completing a false certificate is misconduct.

A document presented for acknowledgment has no notarial certificate attached. What may the Notary do?

Answer: Ask the signer which notarial act they want and attach the appropriate certificate

Notaries generally may not choose the act for the signer (unauthorized practice of law concerns), but may attach the certificate for the act the signer selects.

Which element is typically NOT required in an acknowledgment certificate?

Answer: A statement that the signer swore to the truth of the contents

Swearing to the truth of contents is part of a jurat, not an acknowledgment.

A signer acknowledges a document as attorney in fact for another person. Whose identity must the Notary verify?

Answer: The attorney in fact who personally appears

The Notary identifies the person who actually appears and signs, which is the attorney in fact.

What is the venue on a notarial certificate meant to show?

Answer: Where the notarization took place

Venue indicates the state and county where the notarial act was performed.