RI Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A Rhode Island notary is asked to certify that a photocopy of a passport matches the original. Which act does this describe?
- Copy certification (Correct answer)
- Acknowledgment
- Jurat
- Signature witnessing
Correct answer: Copy certification
Copy certification is the notarial act confirming a copy is a full, true, and accurate reproduction of the original.
Question 2: Which record may a Rhode Island notary generally NOT certify a copy of?
- A vital record such as a birth certificate held by the state (Correct answer)
- A private letter
- A diploma
- A passport presented by its holder
Correct answer: A vital record such as a birth certificate held by the state
Publicly recorded documents like birth certificates must be certified by the official custodian, not a notary.
Question 3: What is the key difference between an oath and an affirmation?
- An oath invokes a deity while an affirmation is a solemn pledge on personal honor (Correct answer)
- An oath must be written while an affirmation is verbal
- An affirmation requires witnesses while an oath does not
- There is no legal difference in wording
Correct answer: An oath invokes a deity while an affirmation is a solemn pledge on personal honor
Both carry equal legal weight, but an affirmation omits religious reference for those who prefer it.
Question 4: During a notarization, the signer appears confused and cannot explain what the document is. What should the Rhode Island notary do?
- Refuse to perform the notarial act because the signer lacks apparent awareness (Correct answer)
- Proceed since competency is the attorney's problem
- Ask a family member to sign instead
- Notarize but note the confusion in the certificate
Correct answer: Refuse to perform the notarial act because the signer lacks apparent awareness
A notary must refuse when the signer does not appear to understand the transaction or act willingly.
Question 5: A signer is physically unable to sign. Under Rhode Island law, how may the signature be made?
- The individual may direct another person, other than the notary, to sign their name in the notary's presence (Correct answer)
- The notary signs the person's name for them
- The document is notarized without any signature
- A rubber stamp of the signature is used without the signer present
Correct answer: The individual may direct another person, other than the notary, to sign their name in the notary's presence
A designated third party may sign at the direction of the disabled individual in front of the notary, with a notation of that fact.
Question 6: Which scenario requires a Rhode Island notary to refuse the notarization due to a disqualifying interest?
- The notary is named as a beneficiary in the deed being signed (Correct answer)
- The signer is the notary's coworker
- The document benefits the notary's employer generally
- The signer is a longtime customer of the notary's office
Correct answer: The notary is named as a beneficiary in the deed being signed
A notary may not notarize a record in which the notary or the notary's spouse has a direct beneficial or financial interest.
Question 7: When administering an oath to a witness for a deposition, what must the Rhode Island notary ensure?
- The witness makes a vocal or affirmative response to a solemn ceremony directed by the notary (Correct answer)
- The witness signs a written transcript first
- An attorney is present in the room
- The oath is recorded on video
Correct answer: The witness makes a vocal or affirmative response to a solemn ceremony directed by the notary
An oath or affirmation requires a ceremony in which the person unequivocally assents to telling the truth.
A Rhode Island notary is asked to certify that a photocopy of a passport matches the original.
Which act does this describe?