Performing Core Notarial Acts Flashcards

An attorney-in-fact appears to sign a document under a power of attorney. How should the Rhode Island notary handle the acknowledgment?

Answer: Take the acknowledgment from the attorney-in-fact in a representative capacity, identifying that person

A person signing in a representative capacity may acknowledge the record, and the notary identifies the person who actually appears.

A regular customer the notary has known for years arrives without ID. May the Rhode Island notary proceed?

Answer: Yes, personal knowledge of the individual's identity is satisfactory evidence

Personal knowledge of identity is an accepted form of satisfactory evidence under RULONA.

A notarial certificate the notary is asked to complete states facts the notary knows are false — it says the signer appeared on a date the signer was not present. The notary must:

Answer: Refuse to execute the certificate because a notary may not certify false information

A notary may never execute a certificate containing information the notary knows to be false.

During a signature witnessing, the signer wants to sign with a mark (an 'X') because of a physical disability. Best practice for the notary is to:

Answer: Allow the mark, with the ceremony conducted properly and the mark treated as the signature

A signature by mark is generally valid when the signer adopts it, and best practice adds witnesses and a notation describing the mark.

What should a Rhode Island notary do if the name on the signer's ID reads 'Robert J. Smith' but the document is prepared for 'Robert James Smith III'?

Answer: Assess whether the ID reasonably identifies the signer as the person named, and decline if not satisfied

The notary must be satisfied the ID identifies the individual named in the record, exercising reasonable judgment about name variations.

A notary's spouse asks the notary to take an acknowledgment on a mortgage in which the notary is a co-borrower. The notary should:

Answer: Decline because a notary may not perform a notarial act on a record in which the notary has a direct beneficial interest

A notary is disqualified from notarizing when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.

Which statement about the acknowledgment ceremony is accurate?

Answer: The notary should ask the signer to confirm the signature is theirs and was made willingly

The acknowledgment ceremony consists of the signer confirming to the notary that the existing signature is theirs and was made voluntarily.