Definition of Terms Flashcards
2004 Rules Of Notarial Practice
What is an acknowledgment?
Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an integrally
complete instrument or document;
(b) is attested to be personally known to the notary public or identified by
the notary public through competent evidence of identity as defined by
these Rules; and
(c) represents to the notary public that the signature on· the instrument or
document was voluntarily affixed by him for the purposes stated in the instrument or document,
(d) declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the authority to sign in that capacity.
What is an Affirmation or Oath?
Affirmation or Oath. - The term “Affirmation” or “Oath” refers to
an act in which an individual on a single occasion: :
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.
Commission
Commission” refers to the grant of authority to
perform notarial acts and to the written evidence of the authority.
Copy Certification
Copy Certification” refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a vital
record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
What is a Notarial Register?
“Notarial Register” refers to a permanently
bound book with numbered pages containing a chronological record of notarial
acts performed by a notary put·lic.
What is a Jurat?
Jurat refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and presents an instrument
or document;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public ·as to such
instrument or document.
What is a Notarial Certificate?
“Notarial Certificate” refers to the part of, or attachment to, a notarized instrument or document that is *completed by the
notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.
Notary Public and Notary
“Notary Public” and “Notary” refer to
any person commissioned to perform official acts under these Rules.
Principal
“Principal” refers to a person appearing before the notary public whose act is the subject of notarization.
Regular Place of Work or Business
The term “regular place of work or business” refers to a stationary office in the city or province wherein the
notary public renders legal and notarial services.
Competent Evidence of Identity
The phrase “competent evidence of identity” refers to the identification of an individual based on:
(a) at· least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual
and shows to the notary public documentary identification.
What is an Official Seal or Seal.
“Official seal” or “Seal” refers to a device for affixing a mark, image or impression on all papers officially signed by the
notary public conforming the requisites prescribed by these Rules.