RI DMV RI Notary Legal Requirements and Regulations 3 — Questions and Answers
Question 1: A Rhode Island notary is asked to notarize a deed on which the notary is the grantee. What should the notary do?
- Refuse, because a notary cannot notarize a document in which they have a disqualifying interest (Correct answer)
- Proceed, as long as no fee is charged
- Proceed, but note the conflict in the certificate
- Ask a coworker to watch the notarization
Correct 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.
Question 2: Which method is acceptable in Rhode Island for identifying a signer the notary does not know?
- A current government-issued ID with photograph and signature (Correct answer)
- A business card with the signer's name
- An expired library card
- The word of a stranger present at the signing
Correct 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.
Question 3: 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?
- Take the acknowledgment if the signer personally appears and acknowledges the signature as their own (Correct answer)
- Refuse because signatures must always be made in front of the notary
- Notarize it without the signer present
- Have the signer sign a second time in the margin
Correct 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.
Question 4: When performing a jurat (verification on oath) in Rhode Island, the signer must:
- Sign the document in the notary's presence and swear to its truthfulness (Correct answer)
- Mail the signed document to the notary
- Only show identification, with no oath needed
- Have an attorney co-sign the document
Correct 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.
Question 5: A signer appears confused and cannot explain the document they want notarized. The Rhode Island notary should:
- Refuse the notarization because the signer does not appear competent or willing (Correct answer)
- Proceed quickly to avoid embarrassing the signer
- Sign on the person's behalf
- Explain the legal effect of the document and then notarize
Correct 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.
Question 6: Which action by a Rhode Island notary who is not an attorney constitutes the unauthorized practice of law?
- Advising a customer which type of deed to use (Correct answer)
- Administering an oath to an affiant
- Completing a notarial certificate
- Refusing service to an unidentified signer
Correct 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.
Question 7: Can a Rhode Island notary use a credible witness to identify a signer who lacks ID?
- Yes, a credible witness personally known to the notary who knows the signer may verify identity (Correct answer)
- No, photo ID is the only method allowed
- Yes, but only for documents under $500 in value
- Only if the witness is a police officer
Correct 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.
RI DMV RI Notary Legal Requirements and Regulations 3
A Rhode Island notary is asked to notarize a deed on which the notary is the grantee.
What should the notary do?