RI Notary Acknowledgments versus Jurats 2 — Questions and Answers
Question 1: A signer brings a deed to a Rhode Island notary that was already signed last week. Which notarial act can the notary properly perform?
- An acknowledgment, because the signer may acknowledge a prior signature (Correct answer)
- A jurat, because the document is already signed
- Neither act, because the document must be signed in the notary's presence for both
- A copy certification of the deed
Correct answer: An acknowledgment, because the signer may acknowledge a prior signature
An acknowledgment permits a previously signed document, as long as the signer personally appears and acknowledges the signature as their own.
Question 2: For a jurat performed in Rhode Island, when must the signer sign the document?
- Any time before appearing, as long as they confirm the signature
- In the notary's physical presence at the time of notarization (Correct answer)
- Within 30 days before the notarization
- After the notary completes the certificate
Correct answer: In the notary's physical presence at the time of notarization
A jurat requires the signer to sign the document in the notary's presence and then swear or affirm to its truthfulness.
Question 3: Which statement best describes the core purpose of an acknowledgment?
- To certify the contents of the document are true
- To confirm the signer's identity and that the signature was made willingly (Correct answer)
- To administer an oath about future conduct
- To verify the document was recorded with the town clerk
Correct answer: To confirm the signer's identity and that the signature was made willingly
An acknowledgment verifies the signer's identity and that they signed voluntarily; it does not attest to the truth of the document's contents.
Question 4: Which wording in a notarial certificate signals that a jurat, not an acknowledgment, is required?
- "Acknowledged before me"
- "Subscribed and sworn to before me" (Correct answer)
- "Personally appeared and acknowledged"
- "Witness my hand and official seal" alone
Correct answer: "Subscribed and sworn to before me"
"Subscribed and sworn to before me" is the classic jurat language indicating the signer signed and took an oath before the notary.
Question 5: A signer presents an affidavit for court and asks the Rhode Island notary which certificate to attach. The document has no notarial wording. What should the notary do?
- Choose a jurat automatically because affidavits usually require one
- Ask the signer to choose the type of act, or refer them to the document's issuing or receiving agency (Correct answer)
- Refuse to notarize any document lacking preprinted wording
- Attach both an acknowledgment and a jurat to be safe
Correct answer: Ask the signer to choose the type of act, or refer them to the document's issuing or receiving agency
A notary may not practice law by selecting the act; the signer or the receiving agency must decide which certificate is needed.
Question 6: During a jurat, what verbal ceremony must the Rhode Island notary perform?
- Read the entire document aloud to the signer
- Administer an oath or affirmation that the contents are true (Correct answer)
- Recite the state's notarial statute
- Ask the signer to state their address for the record
Correct answer: Administer an oath or affirmation that the contents are true
A jurat is incomplete without the notary administering an oath or affirmation regarding the truth of the document.
Question 7: Which of the following is TRUE for both acknowledgments and jurats in Rhode Island?
- The signer must sign in the notary's presence
- The signer must take an oath
- The signer must personally appear before the notary (Correct answer)
- The document must be a sworn statement
Correct answer: The signer must personally appear before the notary
Personal appearance of the signer before the notary is required for every notarial act, including both acknowledgments and jurats.
A signer brings a deed to a Rhode Island notary that was already signed last week.
Which notarial act can the notary properly perform?