Notarial Acts and Procedures Flashcards

A signer brings a deed she signed at home yesterday and asks for an acknowledgment. What should the Nevada notary do?

Answer: Proceed, because an acknowledgment does not require the document to be signed in the notary's presence

For an acknowledgment the signer may sign beforehand but must personally appear and acknowledge the signature to the notary.

Which notarial act requires the signer to both sign in the notary's presence and swear that the contents of the document are true?

Answer: Jurat

A jurat requires signing in the notary's presence plus an oath or affirmation that the contents are true.

During an affirmation, the signer objects to the word 'swear' for religious reasons. The notary should:

Answer: Administer an affirmation, which replaces 'swear' with 'affirm' and omits reference to God

An affirmation is a legally equivalent alternative to an oath that avoids religious references.

A Nevada notary is asked to notarize a document in which the notary is named as a party. The notary must:

Answer: Refuse, because a notary may not notarize a transaction in which the notary is a named party or has a direct beneficial interest

Nevada law disqualifies a notary from acts in which the notary is a party or has a direct beneficial or financial interest.

When completing a notarial certificate, the notary notices the certificate wording is missing from the document entirely. The notary should:

Answer: Ask the signer which act is intended and attach a loose certificate for that act

The signer (not the notary) must choose the notarial act, and the notary may then complete and attach the appropriate certificate.

Which of the following documents may a Nevada notary generally NOT make a certified copy of?

Answer: A birth certificate issued by a state vital records office

Vital records such as birth certificates must be certified by the issuing agency, not by a notary.

A signer personally appears but presents a document with several blank spaces where key terms should be. The notary should:

Answer: Decline to notarize until the blanks are completed or lined through

Notarizing an incomplete document invites fraud, so blanks should be completed or struck before notarization.