NV Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A caller asks a Nevada notary to notarize his mother's signature over a video phone call because she is out of state. Under standard (non-electronic) notarization rules, the notary should:
- Proceed because video counts as personal appearance for a traditional paper notarization
- Refuse, because traditional notarization requires the signer to physically appear before the notary (Correct answer)
- Proceed if the son vouches for his mother's identity
- Proceed if the mother emails a copy of her ID
Correct answer: Refuse, because traditional notarization requires the signer to physically appear before the notary
A traditional paper notarization requires the signer's physical personal appearance; audio-video appearance is only permitted under Nevada's separate remote/electronic notarization registration.
Question 2: A signer cannot physically sign her name due to injury and instead makes an 'X' as her mark. Best practice for the notary handling a signature by mark is to:
- Refuse because a mark can never be notarized
- Have the signer's attorney sign instead
- Have the mark witnessed, note the circumstances, and record the details in the journal (Correct answer)
- Sign the signer's name for her without witnesses
Correct answer: Have the mark witnessed, note the circumstances, and record the details in the journal
A signature by mark should be properly witnessed and documented so the record shows how the signature was made.
Question 3: A signer has no identification, but a third person who personally knows both the signer and the notary is present. This third person can serve as a:
- Credible witness who takes an oath as to the signer's identity (Correct answer)
- Co-signer who signs in place of the signer
- Surety who guarantees the document financially
- Substitute notary
Correct answer: Credible witness who takes an oath as to the signer's identity
A credible witness may be sworn to verify a signer's identity when the signer lacks acceptable identification.
Question 4: Immediately after performing an acknowledgment, when should the Nevada notary complete the certificate and journal entry?
- Within one week
- At the time the notarial act is performed (Correct answer)
- Whenever the signer returns to collect the document
- At the end of the business month
Correct answer: At the time the notarial act is performed
The certificate and journal entry must be completed contemporaneously with the notarial act, never in advance or long after.
Question 5: A notary's spouse asks the notary to notarize a contract in which the notary will directly receive part of the sale proceeds. The notary must:
- Proceed because family transactions are exempt
- Proceed but waive the fee
- Refuse because of the notary's direct beneficial interest in the transaction (Correct answer)
- Proceed if the spouse signs a waiver
Correct answer: Refuse because of the notary's direct beneficial interest in the transaction
A direct beneficial or financial interest in the transaction disqualifies the notary from performing the act.
Question 6: Which element below is NOT required on a properly completed Nevada notarial certificate?
- The venue showing the state and county where the act occurred
- The notary's official signature
- The date the notarial act was performed
- The signer's home address (Correct answer)
Correct answer: The signer's home address
A certificate needs venue, date, the notary's signature and stamp information, but not the signer's home address.
Question 7: A signer asks the notary to backdate a certificate to match the date on the contract. The notary should:
- Comply if the difference is only one day
- Refuse, because the certificate must state the actual date of notarization (Correct answer)
- Comply if both parties to the contract agree
- Leave the date blank for the signer to fill in
Correct answer: Refuse, because the certificate must state the actual date of notarization
Falsifying the date on a notarial certificate is misconduct; the certificate must reflect the true date of the act.
NV Notary Notarial Acts and Procedures 3
A caller asks a Nevada notary to notarize his mother's signature over a video phone call because she is out of state.
Under standard (non-electronic) notarization rules, the notary should: