Notary Public Core Concepts & Fundamentals 3 — Questions and Answers
Question 1: What happens if a notary's commission expires while a multi-year document transaction is still pending?
- All previously notarized documents in the transaction become void
- The notary must renew before performing any additional notarial acts (Correct answer)
- The notary has a 90-day grace period to complete the transaction
- The notary may finish acts started before expiration
Correct answer: The notary must renew before performing any additional notarial acts
An expired commission means the notary has no authority to perform notarial acts; renewal must occur before any new or additional notarizations.
Question 2: Which type of notarial act is used when a signer swears or affirms that the contents of a document are true?
- Acknowledgment
- Jurat (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat
A jurat requires the signer to swear or affirm to the truthfulness of a document's contents before the notary.
Question 3: A notary is approached by a signer who is visibly intoxicated. What is the appropriate action?
- Proceed if the signer can physically sign their name
- Postpone the notarization until the signer is sober (Correct answer)
- Complete the notarization with an added disclaimer note
- Ask a witness to co-sign confirming the signer's state
Correct answer: Postpone the notarization until the signer is sober
A notary must refuse or postpone when a signer appears impaired, as they cannot confirm the signer is acting willingly and understands the document.
Question 4: What information is typically NOT required on a notarial certificate?
- The notary's commission expiration date
- The date of the notarial act
- The signer's home address (Correct answer)
- The venue (state and county)
Correct answer: The signer's home address
A signer's home address is not a standard required element of a notarial certificate; the certificate focuses on the notary's credentials and the act performed.
Question 5: Which federal law governs the legality of electronic signatures in commerce?
- The Uniform Notarial Acts (UNA)
- The Electronic Signatures in Global and National Commerce Act (ESIGN) (Correct answer)
- The National Notary Standards Act (NNSA)
- The Uniform Electronic Transactions Act (UETA) only
Correct answer: The Electronic Signatures in Global and National Commerce Act (ESIGN)
The federal ESIGN Act (2000) establishes the legal validity of electronic signatures and records in interstate and foreign commerce.
Question 6: If a notary moves to a new county within the same state, what must they typically do?
- Immediately apply for a new commission in the new county
- Notify the commissioning authority and update their address (Correct answer)
- Cease all notarial acts until a new commission is issued
- Obtain approval from both counties before performing acts
Correct answer: Notify the commissioning authority and update their address
Most states require notaries to notify the commissioning authority of address changes but allow them to continue performing acts statewide.
Question 7: What is the significance of the term 'personally known' in notarial identification?
- The notary has seen the signer's ID within the past 30 days
- The notary has a prior acquaintance with the signer sufficient to verify identity (Correct answer)
- The signer is a family member of the notary
- The signer is listed in the notary's official journal
Correct answer: The notary has a prior acquaintance with the signer sufficient to verify identity
'Personally known' means the notary has sufficient prior knowledge of the signer's identity through personal acquaintance, not just a one-time meeting.
Notary Public Core Concepts & Fundamentals 3
What happens if a notary's commission expires while a multi-year document transaction is still pending?