RI Notary - Rhode Island Notary Completing Notarial Certificates Questions and Answers 1 — Questions and Answers
Question 1: A Rhode Island notary in Providence is presented with a document for an acknowledgment. The pre-printed notarial certificate begins with the venue 'State of Connecticut, County of Windham.' What is the correct action for the notary to take?
- Refuse to notarize the document because the venue is incorrect.
- Cross out 'Connecticut' and 'Windham,' write 'Rhode Island' and 'Providence,' and initial the changes. (Correct answer)
- Proceed with the notarization, as the venue is the responsibility of the document creator.
- Attach a new, separate acknowledgment form with the correct Rhode Island venue and staple it over the old one.
Correct answer: Cross out 'Connecticut' and 'Windham,' write 'Rhode Island' and 'Providence,' and initial the changes.
Rhode Island notaries are responsible for ensuring the accuracy of the notarial certificate, including the venue, which indicates where the notarization took place. The standard and accepted practice for correcting an incorrect venue is to neatly line through the incorrect information, write in the correct information, and initial the change.
Question 2: Which of the following elements is NOT required to be included on every completed notarial certificate in Rhode Island?
- The notary's commission expiration date
- The signature and printed name of the signer (Correct answer)
- The notary's official inked stamp
- The date the notarial act was performed
Correct answer: The signature and printed name of the signer
A completed notarial certificate contains information about the notarial act itself, completed by the notary. While the signer's name is mentioned in the certificate (e.g., 'personally appeared John Doe'), their signature appears on the document itself, not within the notarial certificate block. The notary's certificate must include the date of the act, the notary's signature, stamp, and commission expiration date.
Question 3: A signer brings a document to a notary on March 15th. The signer signed and dated the document on March 14th. The notarial certificate is for an acknowledgment. What date should the notary enter on the notarial certificate?
- March 14th, to match the date the document was signed.
- Either March 14th or March 15th is acceptable.
- The notary should leave the date blank for the signer to fill in.
- March 15th, the date the signer personally appeared before the notary. (Correct answer)
Correct answer: March 15th, the date the signer personally appeared before the notary.
The date on the notarial certificate must always be the actual date the signer personally appeared before the notary to have the notarization performed. It does not need to match the date the document was signed, especially for an acknowledgment.
Question 4: When completing a notarial certificate, a Rhode Island notary must perform all of the following actions EXCEPT:
- Sign the certificate with the name that exactly matches their commission.
- Affix their official inked stamp clearly on the certificate.
- Ensure the fee charged for the service is written on the certificate. (Correct answer)
- Write their commission expiration date on the certificate.
Correct answer: Ensure the fee charged for the service is written on the certificate.
While a Rhode Island notary may charge a fee (up to $25), there is no requirement to list the fee on the notarial certificate itself. The certificate must contain the notary's official signature, stamp, and commission expiration date.
Question 5: A document is presented for notarization, but the notarial certificate is entirely blank, with no indication of what type of notarial act is required. What is the proper first step for the Rhode Island notary?
- Select an acknowledgment certificate, as it is the most common type.
- Ask the signer to choose which type of notarial act they require. (Correct answer)
- Refuse to notarize the document because it is incomplete.
- Complete a jurat certificate, as it involves an oath.
Correct answer: Ask the signer to choose which type of notarial act they require.
A notary public is prohibited from choosing the type of notarial act on behalf of the signer, as this could be considered the unauthorized practice of law. The signer must state which act (e.g., acknowledgment, jurat, signature witnessing) is needed. If the signer is unsure, they should contact the document's creator or recipient for clarification.
Question 6: A Rhode Island notary completes a jurat certificate. In addition to verifying the signer's identity and watching them sign, what verbal ceremony must be performed and reflected in the completed certificate?
- Asking the signer to acknowledge that they signed willingly.
- Administering an oath or affirmation to the signer. (Correct answer)
- Explaining the legal consequences of the document.
- Having the signer state their full legal name and address for the record.
Correct answer: Administering an oath or affirmation to the signer.
A jurat certificate, which often contains the words 'Subscribed and sworn to (or affirmed) before me,' certifies that the signer personally appeared, signed the document in the notary's presence, and took an oath or affirmation that the statements in the document are true. The administration of this oath or affirmation is a key element that distinguishes a jurat from other notarial acts.
RI Notary - Rhode Island Notary Completing Notarial Certificates Questions and Answers 1
A Rhode Island notary in Providence is presented with a document for an acknowledgment.
The pre-printed notarial certificate begins with the venue 'State of Connecticut, County of Windham.' What is the correct action for the notary to take?