TX NNJE Types of Notarial Acts 2 — Questions and Answers
Question 1: A Texas notary is asked to notarize a document for someone signing 'by mark' because the signer cannot write. What must the journal entry reflect?
- That the signer refused to sign
- That the signer used a mark and two witnesses were present (Correct answer)
- That the document was rejected
- That a guardian signed on the signer's behalf
Correct answer: That the signer used a mark and two witnesses were present
When a signer uses a mark, the journal entry should note this fact and identify that the required witnesses were present.
Question 2: What does 'personal appearance' mean in the context of Texas notarial acts?
- The notary must appear at the signer's home
- The signer must be physically present before the notary at the time of notarization (Correct answer)
- The signer must appear in professional attire
- The notary must appear in court to testify
Correct answer: The signer must be physically present before the notary at the time of notarization
Personal appearance means the signer must be physically in the same location as the notary at the moment the notarization is performed.
Question 3: For a Texas Remote Online Notarization (RON), where does the notary document audio-visual communication details?
- On the document itself
- In the notary journal (Correct answer)
- In a separate log submitted to the state
- In the notary's email records only
Correct answer: In the notary journal
For RON transactions, the notary journal must include details about the audio-visual technology used to confirm the signer's identity and presence.
Question 4: Which notarial act is used when a third party 'proves' to the notary that a signature on a document belongs to someone who is not present?
- Jurat
- Acknowledgment
- Proof of execution by subscribing witness (Correct answer)
- Copy certification
Correct answer: Proof of execution by subscribing witness
Proof of execution by a subscribing witness allows a third party who witnessed the signing to appear before the notary and verify the absent signer's signature.
Question 5: A Texas notary is asked to administer an oath for a deposition. How should this act be recorded in the journal?
- No journal entry is needed for oaths
- As a separate entry noting the type of act, date, and identity of the deponent (Correct answer)
- Combined with any other act performed that day
- Only if the deponent requests a journal entry
Correct answer: As a separate entry noting the type of act, date, and identity of the deponent
Each notarial act, including oaths for depositions, requires a separate journal entry with the act type, date, and the deponent's identity.
Question 6: Which Texas notarial act requires the notary to watch the signer sign the document in real time?
- Acknowledgment
- Jurat (Correct answer)
- Apostille
- Attestation of a copy
Correct answer: Jurat
A jurat requires the signer to sign in the notary's presence, while an acknowledgment only requires the signer to confirm a prior signature.
TX NNJE Types of Notarial Acts 2
A Texas notary is asked to notarize a document for someone signing 'by mark' because the signer cannot write.
What must the journal entry reflect?