Special Circumstances in Notarization Flashcards

A signer who speaks only Mandarin appears with her bilingual son to interpret for the West Virginia notary. Best practice is to:

Answer: Decline and refer the signer to a notary who can communicate with her directly

Because a notary must communicate directly with the signer, using an interpreter risks fraud and the better practice is to refer the signer to a notary who shares her language.

A signer appears with a West Virginia document while both are physically standing in Ohio. May the West Virginia notary perform the in-person notarization there?

Answer: No, a West Virginia notary's authority for in-person acts exists only within West Virginia's borders

A traditional notarial act must be performed while the notary is physically within West Virginia, regardless of where the document will be used.

For a remote online notarization performed by a West Virginia notary, where must the notary be located during the act?

Answer: Within West Virginia, while the signer may be located elsewhere

In remote notarization the notary must be physically in West Virginia, although the remotely located signer can be in another state or even abroad.

A signer with severe hand tremors can only make an 'X' on the signature line. How can the West Virginia notary handle this mark?

Answer: Treat the mark as a signature, following best practice of having witnesses and noting the mark in the record

A mark intended as a signature is valid, and best practice is to have disinterested witnesses and document the circumstances.

Two days after notarizing an acknowledgment, a notary discovers she forgot to sign the certificate. The document is back with the signer in another city. She should:

Answer: Correct the omission only with the document before her, never by mailing a pre-signed loose certificate

Certificate corrections must be made by the notary with the actual document in hand; sending a signed loose certificate invites fraudulent reuse.

A signer asks the notary to notarize a self-written will and to advise whether it will hold up in court. The notary should:

Answer: Perform the requested notarial act if lawful but refuse to give any legal advice about the will's validity

A non-attorney notary may perform the notarial act but giving advice on a document's legal effect would be the unauthorized practice of law.

While notarizing a stack of loan documents, the notary notices one page's date has been altered with correction fluid. The most prudent response is to:

Answer: Pause and have the signer or document preparer address the alteration before notarizing

Visible alterations raise fraud concerns, so the notary should have the parties resolve or explain the change before completing the act.