Notary Public Best Practices & Methodologies 2 — Questions and Answers
Question 1: A signer appears nervous and keeps looking at another person in the room before answering questions. What should a notary do?
- Proceed quickly to reduce the signer's anxiety
- Ask the third party to wait outside and verify the signer acts freely (Correct answer)
- Ignore the behavior if the ID is valid
- Have the third party co-sign as a witness
Correct answer: Ask the third party to wait outside and verify the signer acts freely
A notary must ensure the signer is acting of their own free will; removing potential influencers allows private assessment of willingness.
Question 2: Which practice best protects a notary when a document lacks a notarial certificate?
- Sign the document without a certificate to accommodate the signer
- Refuse to notarize until an appropriate certificate is attached or added (Correct answer)
- Use a generic stamp without wording
- Ask the signer to write their own certificate
Correct answer: Refuse to notarize until an appropriate certificate is attached or added
A notarial act is invalid without the required certificate wording, so the notary must ensure one is present before proceeding.
Question 3: A notary is asked to notarize a document dated three months ago. What is the best practice?
- Refuse because the document is too old
- Notarize using today's date, not the document's date (Correct answer)
- Change the document date to today's date
- Backdate the notarization to match the document
Correct answer: Notarize using today's date, not the document's date
The notarial certificate date must reflect when the notarization actually occurs, regardless of when the document was drafted.
Question 4: What is the recommended way for a notary to handle a signer who is physically unable to sign their name?
- Sign the document on the signer's behalf
- Allow the signer to make a mark (X) and have witnesses attest to it per state law (Correct answer)
- Refuse to notarize until the signer recovers
- Use the signer's typed name as the signature
Correct answer: Allow the signer to make a mark (X) and have witnesses attest to it per state law
Most states permit a signature by mark with proper witnessing procedures when a signer is physically unable to write.
Question 5: A notary discovers after completing a notarization that they forgot to affix their seal. What should they do?
- Mail the seal impression to the document recipient
- Contact the signer to return and have the document re-notarized properly (Correct answer)
- Add the seal later without the signer present
- File a correction form with the state
Correct answer: Contact the signer to return and have the document re-notarized properly
A defective notarization should be corrected by redoing the act properly with the signer present rather than attempting unauthorized alterations.
Question 6: Which best describes the purpose of maintaining a notary journal?
- It is only required for loan signings
- It creates a chronological record that can defend the notary against fraud claims (Correct answer)
- It replaces the need for a notarial certificate
- It is used to track fees collected for tax purposes only
Correct answer: It creates a chronological record that can defend the notary against fraud claims
A notary journal provides a contemporaneous record of each act, offering critical evidence if a notarization is later challenged.
Question 7: When should a notary update their surety bond information with the state?
- Only at commission renewal
- Whenever the bond amount, company, or effective dates change as required by state law (Correct answer)
- Every five years regardless of changes
- Only if a claim is filed against the bond
Correct answer: Whenever the bond amount, company, or effective dates change as required by state law
Notaries must keep bond information current with the state as required; outdated bond records can jeopardize commission validity.
Notary Public Best Practices & Methodologies 2
A signer appears nervous and keeps looking at another person in the room before answering questions.
What should a notary do?