Notary Public Notary Public Notarial Acts & Procedures 5 — Questions and Answers
Question 1: Under the Uniform Electronic Transactions Act (UETA), an electronic notarization is valid when:
- The notary physically signs a paper copy and scans it
- The notary's electronic signature and seal are attached to the electronic document (Correct answer)
- Any typed name substitutes for a signature in electronic records
- Electronic records are only valid for non-real-estate transactions
Correct answer: The notary's electronic signature and seal are attached to the electronic document
UETA and state e-notarization laws require the notary's electronic signature and electronic seal to be logically associated with the electronic document.
Question 2: A remote online notarization (RON) differs from traditional in-person notarization primarily because:
- The signer and notary are in different physical locations connected via audiovisual technology (Correct answer)
- The notary mails the notarial certificate to the signer after reviewing the document
- RON requires two notaries to co-sign every document
- The signer sends a photo of their ID via email in advance
Correct answer: The signer and notary are in different physical locations connected via audiovisual technology
RON allows the signer and notary to be in separate locations while communicating in real time via a secure audiovisual platform.
Question 3: When a notary makes an error in the notarial certificate after it has been signed and sealed, the correct procedure is typically to:
- Use correction fluid to cover the error and initial the change
- Prepare a new, corrected certificate and reattach or re-execute it properly (Correct answer)
- Cross out the error in pen and have the signer initial it
- Leave the error in place since the document is already complete
Correct answer: Prepare a new, corrected certificate and reattach or re-execute it properly
A new, corrected notarial certificate should be prepared; altering a completed certificate with correction fluid is improper and may constitute fraud.
Question 4: A 'credible witness' in the context of notarization is someone who:
- Verifies the content of the document being notarized
- Personally knows the signer and vouches for their identity to the notary (Correct answer)
- Has witnessed the signer execute many prior legal documents
- Is a licensed attorney who certifies the signer's capacity
Correct answer: Personally knows the signer and vouches for their identity to the notary
A credible witness is a disinterested person who personally knows the signer and swears or affirms the signer's identity to the notary when the signer lacks acceptable ID.
Question 5: Which of the following would most likely constitute 'unauthorized practice of law' by a notary?
- Explaining the difference between an acknowledgment and a jurat
- Telling a client which specific deed form they should use for their property transfer (Correct answer)
- Charging a fee for notarial services
- Maintaining a notary journal
Correct answer: Telling a client which specific deed form they should use for their property transfer
Advising a client on which legal document or form to use constitutes legal advice, which only a licensed attorney may provide.
Question 6: If a notary's commission expires while the notary still has outstanding notarial acts to record in the journal, the notary should:
- Destroy the journal immediately to protect signer privacy
- Retain the journal as required by state law, even after commission expiration (Correct answer)
- Transfer the journal to the county recorder
- Submit the journal to the Secretary of State within 30 days
Correct answer: Retain the journal as required by state law, even after commission expiration
Most states require former notaries to retain their journals for a specified period (often 5–10 years) even after the commission expires.
Question 7: A notary is asked to notarize a power of attorney in which the notary is named as the agent (attorney-in-fact). The notary should:
- Proceed since notarizing does not affect the notary's interests
- Refuse because the notary has a direct financial or personal interest in the document (Correct answer)
- Notarize only if a second witness is also present
- Notarize but disclose the conflict in the journal
Correct answer: Refuse because the notary has a direct financial or personal interest in the document
A notary must refuse to notarize any document in which they are a named party or have a direct interest, as this creates a conflict of interest.
Notary Public Notary Public Notarial Acts & Procedures 5
Under the Uniform Electronic Transactions Act (UETA), an electronic notarization is valid when: