RI Notary Legal Requirements and Regulations Flashcards

A Rhode Island notary is asked to notarize a deed on which the notary is the grantee. What should the notary do?

Answer: Refuse, because a notary cannot notarize a document in which they have a disqualifying interest

A notary may not perform a notarial act on a record in which the notary or the notary's spouse has a direct beneficial interest.

Which method is acceptable in Rhode Island for identifying a signer the notary does not know?

Answer: A current government-issued ID with photograph and signature

Satisfactory evidence of identity includes a current government-issued identification bearing the individual's photograph and signature, or a credible witness.

A document is presented with the signer's signature already on it, and the signer wants an acknowledgment. What may the Rhode Island notary do?

Answer: Take the acknowledgment if the signer personally appears and acknowledges the signature as their own

For an acknowledgment, the signature may be made beforehand as long as the signer personally appears and acknowledges it; a jurat, by contrast, requires signing in the notary's presence.

When performing a jurat (verification on oath) in Rhode Island, the signer must:

Answer: Sign the document in the notary's presence and swear to its truthfulness

A jurat requires the signer to sign in the notary's presence and take an oath or affirmation that the contents are true.

A signer appears confused and cannot explain the document they want notarized. The Rhode Island notary should:

Answer: Refuse the notarization because the signer does not appear competent or willing

A notary may refuse to act if not satisfied that the signer is competent, has capacity, or is signing knowingly and willingly.

Which action by a Rhode Island notary who is not an attorney constitutes the unauthorized practice of law?

Answer: Advising a customer which type of deed to use

Non-attorney notaries may not give legal advice, such as recommending document types or drafting legal instruments.

Can a Rhode Island notary use a credible witness to identify a signer who lacks ID?

Answer: Yes, a credible witness personally known to the notary who knows the signer may verify identity

Rhode Island permits identification through the oath or affirmation of a credible witness who knows the individual and is known to the notary.