NNA Performing Common Notarial Acts 2 — Questions and Answers
Question 1: A signer brings a deed that was signed yesterday at home and asks for an acknowledgment today. What should the Notary do?
- Perform a jurat instead of an acknowledgment
- Proceed if the signer personally appears and acknowledges the signature as their own (Correct answer)
- Refuse because the document was not signed in the Notary's presence
- Require the signer to sign the document a second time
Correct 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.
Question 2: Which statement does the signer make during an acknowledgment?
- That they signed the document willingly for its stated purpose (Correct answer)
- That they witnessed someone else sign
- That the document is an original
- That the contents of the document are true
Correct 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.
Question 3: An acknowledgment certificate states the signer 'personally appeared' on March 3, but the signer actually appeared March 4. What is the problem?
- The certificate contains a false statement and should not be completed that way (Correct answer)
- Nothing, since dates are minor details
- The Notary should backdate the journal to match
- Only the journal date matters
Correct 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.
Question 4: A document presented for acknowledgment has no notarial certificate attached. What may the Notary do?
- Write any wording the Notary prefers on the back
- Refuse every document lacking wording
- Choose the certificate type for the signer
- Ask the signer which notarial act they want and attach the appropriate certificate (Correct answer)
Correct 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.
Question 5: Which element is typically NOT required in an acknowledgment certificate?
- Notary's signature
- Venue (state and county)
- Name of the signer
- A statement that the signer swore to the truth of the contents (Correct answer)
Correct 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.
Question 6: A signer acknowledges a document as attorney in fact for another person. Whose identity must the Notary verify?
- Both the principal and attorney in fact in person
- Neither, since a representative is signing
- The principal named in the power of attorney
- The attorney in fact who personally appears (Correct answer)
Correct answer: The attorney in fact who personally appears
The Notary identifies the person who actually appears and signs, which is the attorney in fact.
Question 7: What is the venue on a notarial certificate meant to show?
- Where the notarization took place (Correct answer)
- Where the Notary's commission was issued
- Where the signer lives
- Where the document will be recorded
Correct answer: Where the notarization took place
Venue indicates the state and county where the notarial act was performed.
NNA Performing Common Notarial Acts 2
A signer brings a deed that was signed yesterday at home and asks for an acknowledgment today.
What should the Notary do?