Notarial Acts and Certificates Flashcards

What should a notary do if the notarial certificate wording is missing from a document?

Answer: Ask the signer which notarial act is needed and add the appropriate certificate wording

When certificate wording is missing, the notary should ask the signer which type of notarial act they need and attach the appropriate certificate.

Can a notary certify a copy of a vital record such as a birth certificate?

Answer: No, vital records can only be certified by the issuing government agency

Birth certificates and other vital records may only be certified by the government agency that issued them; a notary cannot certify copies of these documents.

What must a notary do when administering an oath or affirmation?

Answer: Require the signer to raise their right hand and verbally administer the oath

A notary must verbally administer the oath or affirmation—having the signer raise their right hand and speak the words—rather than simply having them sign.

What is a 'protest' in the context of notarial law?

Answer: A formal notice certifying that a negotiable instrument such as a check was dishonored

A notarial protest is a formal certificate used to document that a negotiable instrument, like a bill of exchange, was presented and refused or dishonored.

What is the difference between a 'certified copy by notary' and a 'certified copy by document custodian'?

Answer: The notary certifies a copy they made; the custodian certifies the accuracy of a copy they are responsible for

In a notary-certified copy, the notary compares the copy to the original; in a custodian certification, the person holding the original document swears the copy is accurate.

Can a notary certify a copy of a document that has already been notarized?

Answer: Yes, always

A notary can certify a copy of a previously notarized document since they are simply comparing the copy to the original, not re-performing the original notarial act.