WY NOTARY Performing Notarial Acts Questions and Answers — Questions and Answers
Question 1: A signer appears before a Wyoming notary for an acknowledgment. The notary does not personally know the signer. Which of the following is an unacceptable method for the notary to identify the signer?
- Viewing a personally recognized and trusted friend's social media profile picture to match the signer. (Correct answer)
- Confirmation by a credible witness who personally knows both the notary and the signer.
- Inspecting a valid, unexpired U.S. passport with a photograph and signature.
- Personal knowledge of the signer's identity from previous, unrelated business interactions.
Correct answer: Viewing a personally recognized and trusted friend's social media profile picture to match the signer.
Wyoming law specifies three primary ways to identify a signer: the notary's personal knowledge, identification by a credible witness, or a valid identification document. A social media profile is not a secure or legally recognized form of identification for notarial acts.
Question 2: When performing a jurat in Wyoming, what is the critical action a notary public must take in addition to verifying the signer's identity and witnessing the signature?
- Advising the signer on the legal implications of the document.
- Administering an oath or affirmation to the signer regarding the truthfulness of the document's contents. (Correct answer)
- Making a certified copy of the signed document for the notary's records.
- Completing the notarial certificate before the signer arrives to save time.
Correct answer: Administering an oath or affirmation to the signer regarding the truthfulness of the document's contents.
A jurat is a notarial act that certifies a signer made a voluntary signature in the notary's presence and took an oath or affirmation vouching for the truthfulness of the signed document. The administration of this oath or affirmation is a key element that distinguishes a jurat from an acknowledgment.
Question 3: A Wyoming notary is asked to certify a copy of a birth certificate. According to Wyoming law, what should the notary do?
- Make a photocopy, certify it as a true copy, and affix their seal.
- Refuse the notarization and explain that only the agency that issued the original can certify it.
- Have the person presenting the document sign a sworn statement that it is a true copy, and then notarize that person's signature. (Correct answer)
- Notarize the copy only if the person also presents the original, unaltered birth certificate.
Correct answer: Have the person presenting the document sign a sworn statement that it is a true copy, and then notarize that person's signature.
Wyoming notaries are generally prohibited from certifying copies of official records like birth certificates. However, the recommended procedure is for the person presenting the copy to sign a sworn statement affirming its truthfulness and correctness. The notary may then notarize the signature on that sworn statement (performing a jurat), not the copy itself.
Question 4: Which of the following elements is NOT a mandatory component of a Wyoming notary's official rectangular stamp?
- The county where the notary is commissioned. (Correct answer)
- The notary's name as it appears on their commission.
- The notary's commission ID number.
- The commission expiration date.
Correct answer: The county where the notary is commissioned.
A Wyoming notary's official stamp must be a rectangular shape and include the notary's name, the words "Notary Public," "State of Wyoming," the commission ID number, and the commission expiration date. The county name is not a required element on the stamp.
Question 5: A person asks a Wyoming notary to notarize a signature on a document. The signer explains they understand the document and are signing willingly, but the pre-printed notarial certificate is incomplete. What is the appropriate action for the notary?
- Perform the notarization but leave the certificate blank for the signer to fill in later.
- Refuse to notarize until the signer can provide a document with a complete notarial certificate.
- Cross out the incomplete certificate and attach a completed, correct notarial certificate. (Correct answer)
- Proceed with the notarization and simply sign and stamp the incomplete certificate.
Correct answer: Cross out the incomplete certificate and attach a completed, correct notarial certificate.
A Wyoming notary is prohibited from notarizing a document that does not have a complete notarial certificate. If the certificate is incomplete or incorrect, the notary should cross it out and attach a new, complete certificate that accurately reflects the notarial act performed.
Question 6: Under what circumstances is a Wyoming notary public authorized to perform a notarial act outside the physical borders of Wyoming?
- In any U.S. state, as long as the document pertains to Wyoming property.
- Nowhere; a Wyoming notary's authority is strictly limited to the state's borders.
- In a contiguous state, provided that state recognizes the Wyoming notary's authority to perform the act. (Correct answer)
- Only for remote online notarizations where the notary is physically in Wyoming but the signer is in another state.
Correct answer: In a contiguous state, provided that state recognizes the Wyoming notary's authority to perform the act.
Wyoming statutes permit a notary to perform certain notarial acts, like administering oaths or taking acknowledgments, in a contiguous state if that state grants Wyoming notaries similar authority. Currently, Montana is a contiguous state that recognizes this authority. When doing so, the Wyoming notary must follow all Wyoming laws.
WY NOTARY Performing Notarial Acts Questions and Answers
A signer appears before a Wyoming notary for an acknowledgment.
The notary does not personally know the signer.
Which of the following is an unacceptable method for the notary to identify the signer?