NV Notary Types of Notarial Acts 3 — Questions and Answers
Question 1: What is the key difference between an acknowledgment and a jurat under Nevada law?
- A jurat requires an oath or affirmation while an acknowledgment does not (Correct answer)
- An acknowledgment requires two witnesses while a jurat requires one
- A jurat may be done by mail while an acknowledgment cannot
- There is no difference; the terms are interchangeable
Correct answer: A jurat requires an oath or affirmation while an acknowledgment does not
A jurat includes administering an oath or affirmation and signing in the notary's presence, while an acknowledgment only requires the signer to declare the signature was made voluntarily.
Question 2: Who chooses whether a document receives an acknowledgment or a jurat when no certificate wording is provided?
- The signer or the receiving agency, not the notary (Correct answer)
- The notary, based on experience
- The Nevada Secretary of State
- The county clerk where the document is filed
Correct answer: The signer or the receiving agency, not the notary
Selecting the type of notarial act is considered the unauthorized practice of law for a notary, so the signer or receiving agency must decide.
Question 3: A signer states, 'I affirm under penalty of perjury that this statement is true,' with no religious reference. Which act did the notary perform?
- An affirmation (Correct answer)
- An oath
- An acknowledgment
- A verification of fact
Correct answer: An affirmation
An affirmation is a solemn declaration on one's personal honor made under penalty of perjury without invoking a Supreme Being.
Question 4: Which document may a Nevada notary certify a copy of?
- A private diploma that is not a recordable or vital record (Correct answer)
- A Nevada marriage certificate
- A recorded grant deed on file with the county recorder
- A certified court judgment
Correct answer: A private diploma that is not a recordable or vital record
Copy certifications are limited to documents that are not vital records, public records, or recordable documents held by official custodians.
Question 5: An attorney-in-fact appears before a Nevada notary to acknowledge a document signed under a power of attorney. What must the certificate reflect?
- That the person signed in a representative capacity as attorney-in-fact (Correct answer)
- That the principal was also physically present
- That the notary verified the power of attorney with a court
- That two credible witnesses identified the principal
Correct answer: That the person signed in a representative capacity as attorney-in-fact
When someone signs in a representative capacity, the acknowledgment certificate should state the capacity in which they signed, such as attorney-in-fact.
Question 6: For which of the following would a jurat rather than an acknowledgment normally be required?
- An affidavit submitted to a court (Correct answer)
- A deed transferring real property
- A power of attorney
- A vehicle title transfer
Correct answer: An affidavit submitted to a court
Affidavits are sworn statements, so they require a jurat with an oath or affirmation rather than an acknowledgment.
Question 7: During a jurat, the signer refuses to raise a hand or verbally respond to the oath. What should the notary do?
- Refuse to complete the jurat because a spoken oath or affirmation is required (Correct answer)
- Complete the jurat since the signature implies agreement
- Convert the jurat to an acknowledgment automatically
- Have a witness take the oath for the signer
Correct answer: Refuse to complete the jurat because a spoken oath or affirmation is required
A jurat is invalid without the signer actually swearing or affirming, so the notary must not complete the act if the signer refuses.
NV Notary Types of Notarial Acts 3
What is the key difference between an acknowledgment and a jurat under Nevada law?