NV Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: A signer brings a deed she signed at home yesterday and asks for an acknowledgment. What should the Nevada notary do?
- Proceed, because an acknowledgment does not require the document to be signed in the notary's presence (Correct answer)
- Refuse, because all documents must be signed in front of the notary
- Require her to sign the deed again in the notary's presence
- Perform a jurat instead of an acknowledgment
Correct 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.
Question 2: Which notarial act requires the signer to both sign in the notary's presence and swear that the contents of the document are true?
- Acknowledgment
- Jurat (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat
A jurat requires signing in the notary's presence plus an oath or affirmation that the contents are true.
Question 3: During an affirmation, the signer objects to the word 'swear' for religious reasons. The notary should:
- Refuse to complete the notarization
- Administer an affirmation, which replaces 'swear' with 'affirm' and omits reference to God (Correct answer)
- Require the signer to use the standard oath anyway
- Have a witness take the oath on the signer's behalf
Correct 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.
Question 4: A Nevada notary is asked to notarize a document in which the notary is named as a party. The notary must:
- Proceed if a disclosure is attached
- Proceed if no fee is charged
- Refuse, because a notary may not notarize a transaction in which the notary is a named party or has a direct beneficial interest (Correct answer)
- Ask another signer on the document for permission
Correct 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.
Question 5: When completing a notarial certificate, the notary notices the certificate wording is missing from the document entirely. The notary should:
- Notarize without a certificate
- Ask the signer which act is intended and attach a loose certificate for that act (Correct answer)
- Choose whichever certificate is shortest
- Send the signer to an attorney because notaries can never attach certificates
Correct 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.
Question 6: Which of the following documents may a Nevada notary generally NOT make a certified copy of?
- A personal letter
- A diploma
- A birth certificate issued by a state vital records office (Correct answer)
- A contract held by the document's owner
Correct 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.
Question 7: A signer personally appears but presents a document with several blank spaces where key terms should be. The notary should:
- Notarize it and let the parties fill in the blanks later
- Fill in the blanks for the signer
- Decline to notarize until the blanks are completed or lined through (Correct answer)
- Notarize only the pages without blanks
Correct 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.
NV Notary Notarial Acts and Procedures 2
A signer brings a deed she signed at home yesterday and asks for an acknowledgment.
What should the Nevada notary do?