WV Notary Acknowledgments and Jurats 2 — Questions and Answers
Question 1: A signer brings a deed to a West Virginia notary that was signed three days earlier. What is the proper action for an acknowledgment?
- Require the signer to re-sign the deed before notarizing
- Refuse, because all documents must be signed in front of the notary
- Notarize only if a witness confirms the earlier signing
- Proceed, because the signer may acknowledge a previously signed document in the notary's presence (Correct answer)
Correct answer: Proceed, because the signer may acknowledge a previously signed document in the notary's presence
For an acknowledgment, the document may be signed beforehand as long as the signer personally appears and acknowledges the signature as their own.
Question 2: Which element distinguishes a jurat from an acknowledgment in West Virginia?
- The notary must retain a copy of the document
- The document must relate to real property
- The signer must sign in the notary's presence and take an oath or affirmation (Correct answer)
- The signer must provide two forms of identification
Correct answer: The signer must sign in the notary's presence and take an oath or affirmation
A jurat (verification on oath or affirmation) requires signing in the notary's presence plus an oath or affirmation that the contents are true.
Question 3: A West Virginia notary receives a document whose certificate reads 'Subscribed and sworn to before me.' What notarial act is being requested?
- An acknowledgment
- A copy certification
- A signature witnessing
- A verification on oath or affirmation (jurat) (Correct answer)
Correct answer: A verification on oath or affirmation (jurat)
'Subscribed and sworn to before me' is the classic jurat wording, indicating the signer signed and took an oath before the notary.
Question 4: During an acknowledgment, the signer says, 'My spouse signed this, but I can vouch for the signature.' What must the notary do?
- Proceed if the spouse's signature looks genuine
- Proceed if the signer presents the spouse's ID
- Refuse, because the person acknowledging must be the one who signed (Correct answer)
- Notarize with a note explaining the situation
Correct answer: Refuse, because the person acknowledging must be the one who signed
Only the individual who signed the document may acknowledge that signature; a spouse cannot acknowledge on another's behalf without proper authority such as a power of attorney.
Question 5: What does the venue section (e.g., 'State of West Virginia, County of Kanawha') on a notarial certificate indicate?
- The county where the signer resides
- The county where the document will be recorded
- The county where the notary's commission was issued
- The location where the notarial act was performed (Correct answer)
Correct answer: The location where the notarial act was performed
The venue states where the notarization physically took place, not where the signer lives or the document will be filed.
Question 6: A signer with a religious objection to swearing an oath needs a jurat. What should the West Virginia notary offer?
- A plain acknowledgment instead
- Referral to a magistrate, since notaries cannot handle affirmations
- A written waiver of the oath requirement
- An affirmation, which has the same legal effect as an oath (Correct answer)
Correct answer: An affirmation, which has the same legal effect as an oath
West Virginia notaries may administer an affirmation, a solemn promise without religious reference, which carries the same legal weight as an oath.
Question 7: A notarial certificate on a document is completely blank as to the type of act. Who chooses whether it will be an acknowledgment or a jurat?
- The notary's employer
- The notary, based on professional judgment
- The signer or the receiving agency, not the notary (Correct answer)
- The county clerk
Correct answer: The signer or the receiving agency, not the notary
Choosing the type of notarial act is legal advice, so a non-attorney notary must ask the signer or document custodian to decide.
WV Notary Acknowledgments and Jurats 2
A signer brings a deed to a West Virginia notary that was signed three days earlier.
What is the proper action for an acknowledgment?