Notary Public Documentation & Record Keeping 5 — Questions and Answers
Question 1: In states that require a notary seal or stamp, what essential information must it display?
- Notary's home address and phone number
- Notary's name, state, commission expiration date, and commission number (Correct answer)
- Only the notary's name and the state seal
- The notary's bar number and law school
Correct answer: Notary's name, state, commission expiration date, and commission number
A notary's official seal must contain the notary's name, the state of commission, commission expiration date, and commission number as required by state law.
Question 2: What must a notary do with their seal and journal when their commission is revoked?
- Keep them as personal property
- Destroy the seal and transfer the journal to the state or county as directed by law (Correct answer)
- Sell them to another notary
- Continue using them until a replacement notary is appointed
Correct answer: Destroy the seal and transfer the journal to the state or county as directed by law
Upon revocation, the notary must surrender or destroy their seal and transfer their journal as directed by state law to prevent misuse.
Question 3: When a notary certifies a true copy of a document, what must the certificate state?
- That the document is authentic and legally binding
- That the copy is a true, correct, and complete reproduction of the original (Correct answer)
- That the notary personally created the document
- That the original has been filed with the county
Correct answer: That the copy is a true, correct, and complete reproduction of the original
A copy certification certificate must state that the copy presented is a true, correct, and complete reproduction of the original document the notary reviewed.
Question 4: Which scenario requires the notary to cross out incorrect information on a notarial certificate rather than starting over?
- When the entire certificate is on the wrong form
- When a minor typographical error appears and no text has been left blank improperly (Correct answer)
- When the wrong state appears in the venue
- When the notary's commission number is missing
Correct answer: When a minor typographical error appears and no text has been left blank improperly
Minor typographical errors may be corrected by neatly crossing out the error and initialing the correction, but significant errors typically require a new certificate.
Question 5: A notary is subpoenaed for records related to a notarization from five years ago. The journal was discarded after two years. What is the likely consequence?
- No consequence if the commission has expired
- The notary may face disciplinary action and civil liability for failing to retain records (Correct answer)
- The court must accept the notary's verbal testimony instead
- The subpoena is automatically dismissed
Correct answer: The notary may face disciplinary action and civil liability for failing to retain records
Failing to retain records for the state-required period can result in disciplinary action against the notary and expose them to civil liability.
Question 6: What does 'subscribing witness' notation in a notary journal indicate?
- A witness who signed the document after the principal signer
- A person who signed the document in the notary's presence on behalf of a principal who could not appear (Correct answer)
- The notary's own signature serving as a witness
- A co-signer equally responsible for the document
Correct answer: A person who signed the document in the notary's presence on behalf of a principal who could not appear
A subscribing witness signs the document in the notary's presence and attests that the principal signer — who was not present — signed the document.
Question 7: Why must a notary record the exact time of the notarial act in their journal in some states?
- To calculate overtime billing rates
- To establish a precise chronological record in cases where multiple documents are notarized on the same date (Correct answer)
- Because federal law mandates time-stamping of all notarial acts
- To synchronize records with the county recorder's office
Correct answer: To establish a precise chronological record in cases where multiple documents are notarized on the same date
Recording the exact time helps establish the precise sequence of events when multiple documents are notarized on the same day, which can be critical in legal disputes.
Notary Public Documentation & Record Keeping 5
In states that require a notary seal or stamp, what essential information must it display?