Special Circumstances in Notarization Flashcards

A blind signer asks a West Virginia notary to notarize her signature on a lease. Best practice before proceeding is to:

Answer: Read the document aloud or confirm the signer knows its contents, then notarize normally

Blindness does not prevent notarization; the notary should ensure the signer knows what the document says, often by reading it aloud, before proceeding.

An employer directs a notary-employee to notarize signatures on documents that were signed by coworkers who are not present. The notary should:

Answer: Refuse, because personal appearance is required regardless of employer pressure

Personal appearance before the notary at the time of notarization is mandatory, and employer instructions never override the law.

A signer needs an affidavit notarized but the document is stapled to a package and the signature page contains no notarial wording at all. The notary should:

Answer: Ask the signer which notarial act is needed and attach a loose certificate for that act

When certificate wording is missing, the signer (or the receiving agency) must choose the notarial act, and the notary then attaches the correct certificate.

During a remote online notarization, a West Virginia notary must create and retain what special record of the session?

Answer: An audio-visual recording of the notarial act

West Virginia requires remote notaries to create an audio-visual recording of the remote notarial act and retain it for the statutory period.

A nursing-home resident's daughter presents her mother's signed power of attorney and says, 'Mom signed this yesterday; she's asleep now — please notarize it.' The notary should:

Answer: Decline unless the mother personally appears and acknowledges her signature

The signer must personally appear before the notary; an acknowledgment can occur after signing, but only with the signer present and responsive.

A signer's legal name is 'Jonathan A. Smith' but his ID reads 'John Smith' and the document reads 'Jonathan Alexander Smith.' The most defensible practice is to:

Answer: Ensure the ID reasonably supports the name on the document before completing the notarization

The notary needs satisfactory evidence that the person appearing is the person named in the document, so the ID must reasonably support the document name.

A signer becomes angry when the notary refuses to notarize for his absent wife and offers an extra $100 to 'make an exception.' Accepting the payment and notarizing would expose the notary to:

Answer: Commission revocation, civil liability, and possible criminal penalties for official misconduct

Notarizing without personal appearance is misconduct that can lead to revocation of the commission, civil damages, and criminal charges.