Duties of a Notary Public

Question 1

Notaries are authorized to perform six basic duties:

Answer 1

Administer oaths or affirmations

Take acknowledgments

Attest to photocopies of certain documents

Solemnize marriage

Verify vehicle identification numbers (VINs)

Certify the contents of a safe-deposit box

Question 2

When you notarize a signature, you must perform one of two official notarial acts:

*Without understanding these two duties, leaves confusion and causes room for errors.

Answer 2

take an acknowledgment from

or administer an oath (or affirmation) to the document signer.

Question 3

Does the document signer have to be present for you to take an acknowledgment?

*Makes sure the signer understands the documents, and isn’t being coerced.

Answer 3

To take an acknowledgment, the document signer must personally appear before you, the notary public, and declare that he or she has signed the document voluntarily.

Question 4

If there is any confusion or uncertainty for a document signer:

Answer 4

If there is any question about the signer’s willingness to execute the document or his or her understanding of the contents of the document, you should refuse to notarize and perhaps refer the person to an attorney for legal advice.

Question 5

Always ask signer

Answer 5

*Do you acknowledge that this is your signature and that you are executing this document of your own free will?”

Question 6

If signer understands why they are signing,

Answer 6

If the answer is yes, you should then complete a certificate which states that the execution of the document was acknowledged by the signer.

Question 7

What kind of documents usually need acknowledgments?

Answer 7

Documents typically requiring an acknowledgment include :

Deeds
Mortgages
Contracts
Powers of attorney (except those pertaining to motor vehicle titles).

Question 8

What is an oath?

Answer 8

An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts

The signer personally appears before you to swear (or affirm) to you, an officer duly appointed to administer oaths, that the information contained in the document is true.

Question 9

Anyone who makes a false oath or affirmation is subject to criminal charges for perjury.

Answer 9

Sworn statements are commonly used in affidavits, depositions, and applications.

Question 10

Notarizations which require an oath begins with the administration of an oath of affirmation

There must be a verbal exchange that indicates the signer indicates that they are taking an oath

Answer 10

Simply ask :

Do you swear (or affirm) that the information contained in this document is true?”

If the answer is yes, complete a proper notarial certificate indicating that an oath or affirmation was taken.

Question 11

When notarizing a document look for key words such as:

Answer 11

“acknowledged” or “sworn to” which will tell you which notarial act is required.

Question 12

If there is no notarial certificate on the document, the signer must direct you whether he or she wants to make an acknowledgment or take an oath.

Answer 12

Be careful *

Unless you are an attorney, you are not authorized to advise a person which notarial act is appropriate for the document presented for notarization, and you may not advise the person about the contents of the document.

Question 13

Affidavit

Answer 13

An affidavit is a common form of sworn statement requiring an oath. Below is the standard form of affidavit. Please note that the affiant is the person making the sworn statement.

https://notaries.dos.state.fl.us/education/images/affidavit.gif

Question 14

Deposition

Answer 14

A deposition is the testimony of a witness, under oath or affirmation, taken outside of court in which lawyers ask oral questions of the witness.

Question 15

Deponent

Answer 15

The testimony is usually reduced to writing and duly authenticated and is intended to be used in a trial of a civil action or a criminal prosecution. The person giving the testimony is called the deponent..

Question 16

When administering the oath, the notary must require the deponent’s physical presence and properly identify him or her. If the notary keeps a journal or record of notarial acts, the journal entry should be made at this point, including the deponent’s signature. The notary would then administer the oath or affirmation, perhaps by having the deponent raise his or her right hand and asking:

Answer 16

“Do you swear (or affirm) that the testimony you are about to give in this matter is the truth, the whole truth, and nothing but the truth (so help you, God)?”

Once an affirmative answer is given, the deponent is now under oath, and the notary’s responsibility is over.

Question 17

Can depositions be taken over the phone?

Answer 17

Although depositions may be taken over the telephone, the deponent must be in the physical presence of the notary public, or other official authorized to administer oaths, at the time the oath or affirmation is given. There is no exception to the presence requirement, even if the attorneys for both parties stipulate otherwise

Question 18

If you are asked to swear in person over the phone, you must decline :

Answer 18

A notary, or other authorized official, would have to be present with the deponent for the administration of the oath or affirmation.

Question 19

What form should be used for notarial acts?

Answer 19

https://notaries.dos.state.fl.us/education/images/depositi.gif

Question 20

As a notary, you are not authorized to take a deposition.

Answer 20

That is, you may not actively participate in questioning a witness who is giving a deposition in a criminal or civil proceeding.

• Notaries who are not licensed attorneys are prohibited from engaging in the practice of law and may be suspended from office by the Governor for such violation.

Question 21

Malpractice with Notary example

The referenced case involved two paralegals, one of whom was a notary public, who owned a business that performed paralegal functions. Neither was a licensed attorney, but both readily admitted their active participation in several depositions. In its opinion, the Court explained:

Answer 21

A deposition is an important, formal, recorded proceeding in which lawyers must observe the Florida rules of court and must rely on their legal training and skills to question witnesses effectively. The activities and services involved in participating in a deposition often implicate ethical questions and strategic considerations of the utmost importance. The effectiveness of the person deposing a witness can have a significant impact on whether objectionable information is identified and addressed or waived, whether a case is made, and how the evidence therefrom is used in any subsequent legal proceeding . . . Without a doubt, the process of directly examining or cross-examining a witness can affect important rights under the law . . . We conclude that, lacking adequate legal training, a non attorney participating in the examination of a witness poses the very dangers of incompetent, unethical, or irresponsible representation . . . we hold that the nonlawyer appellees’ active participation in questioning witnesses in depositions . . . constitutes the unauthorized practice of law in violation of section 454.23, Florida Statutes.

Notary involved has been denied a renewal appointment by the governor’s office. And both persons have pending criminal charges for the unlicensed practice law.

Question 22

Attesting Photocopies

Answer 22

The document must be an original document. A notary public cannot make an attested photocopy from a photocopy, or from another certified copy.

The document must be an original document. A notary public cannot make an attested photocopy from a photocopy, or from another certified copy.

The making of the photocopy must be supervised by the notary public. It is not sufficient for the notary public to compare the photocopy with the original document. The notary public must actually make the photocopy or supervise another person while he or she makes the photocopy.

Question 23

After attesting a photocopy

Answer 23

After making (or supervising the making of) the photocopy, the notary should complete a notarial certificate in substantially the same form as prescribed by law.

https: //notaries.dos.state.fl.us/education/images/photocpy.gif
* This notarial certificate should be typed, stamped or written on the front or back of the photocopy or may be attached as a separate page.

Question 24

One of the most often asked questions concerning attested photocopies is whether a particular document is a public record.

The following documents are examples of public records, copies of which cannot be attested to by a notary:

Answer 24

Birth certificate
Marriage certificate
Death certificate
Certificate of citizenship or naturalization
Documents filed in a court proceeding
Documents recorded by the Clerk of the Court
Public records maintained in government offices
Student records (transcripts, etc.) kept in public education offices
Federal or state income tax forms, already filed
Professional licenses issued by the State of Florida
Any document for which photocopying is prohibited

Question 25

To cover your bases regarding photocopies

Answer 25

If the document is issued by a government entity, the notary should contact that entity to determine whether a certified copy is available.

Question 26

The following documents can be photocopied from the original (if not officially filed or recorded) and attested to by a notary, because certified copies cannot be obtained from another public official:

Answer 26

Florida driver's license
Florida vehicle title
Social Security card
Diploma
Medical record
U.S. passport
Bill of sale
Contract
Lease
Resident alien card
Personal letter

Question 27

What’s the maximum fee you can charge for making an attested photocopy?

Answer 27

$10

Question 28

Solemnizing Marriage

Answer 28

Florida is one of only three states which authorize notaries public to perform marriage ceremonies. The following guidelines should be helpful.

Question 29

What’s the produce to solemnize a marriage in Florida?

Answer 29

The couple must obtain a valid Florida marriage license from a county court judge or clerk of the circuit court and present it to the notary public before the marriage ceremony.

The notary public performs the marriage ceremony. An example of a simple, civil ceremony is printed below. It may be personalized, and the bride and groom may even exchange their own vows. But, the couple’s vows must reflect their intentions to make a legally binding commitment to each other.

The notary public is responsible for making a certificate on the appropriate portion of the marriage license and returning it to the office of the county court judge or clerk of the circuit court which issued the license within 10 days after solemnizing the marriage. § 741.08, Fla. Stat.

Question 30

How long do you have to submit the paperwork to the office of the county court judge or clerk of the circuit court after solemnizing a marriage?

Answer 30

10 days

Question 31

Information to notice when solemnizing marriages

Answer 31

A Florida notary public may perform a marriage ceremony only within the geographical boundaries of this state.

A notary public may charge up to $20 for solemnizing the rites of matrimony. §§ 117.045 & 28.24 (29), Fla. Stat.

A notary public may perform a marriage ceremony for a person who is related to him or her by blood or marriage. The prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signature of the bride and groom, but is only certifying that the couple have been joined in marriage by the notary according to the laws of the State of Florida. Op. Att’y Gen. Fla. 91-70 (1991).

The notary should check the expiration date of the license to ensure that the license is still valid. The notary should also require identification if the bride and groom are not personally known.

It is recommended that two witnesses, other than the notary, sign the marriage certificate in the event that proof of the marriage ceremony is necessary in the future.

Question 32

Sample Wedding

Answer 32

Notary states, “Dearly beloved, we are gathered here today (tonight) to join this man and this woman in (holy) matrimony.”

Exchange of Vows

Notary asks the man, “(his name), do you take this woman to be your wife, to live together in (holy) matrimony, to love, honor, comfort her and keep her in sickness and in health, and forsaking all others, for as long as you both shall live?”

Man answers, “I do.”

Notary asks the woman, “(her name), do you take this man to be your husband, to live together in (holy) matrimony, to love, honor, comfort him and keep him in sickness and in health, and forsaking all others, for as long as you both shall live?”

Woman answers, “I do.”

Notary states, “Repeat after me:”

To the man: “I, (his name), take you (her name ), to be my wife, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.”

To the woman: “I, (her name), take you (his name ), to be my husband, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death do us part.”

Exchange of Rings

Notary asks the man to place the ring on the woman’s finger and to repeat the following, “I give you this ring as a token and pledge of our constant faith and abiding love.” (Repeat the same for the woman).

Pronouncement

Notary asks the couple to join hands, then declares, “By virtue of the authority vested in me under the laws of the State of Florida, I now pronounce you husband and wife. The bride and groom may now kiss.”

Question 33

Verifying a VIN

Answer 33

Florida law requires that, when applying for a Florida title for the first time on a used motor vehicle, the owner must sign a sworn statement that the vehicle identification number (VIN) and the odometer reading on the vehicle are correct.

Additionally, a physical inspection of the vehicle must be done by an authorized person to certify the VIN. Notaries public are included in the list of persons authorized to certify this information. § 319.23(3)(a)(2), Fla. Stat.

A form prepared by the Department of Highway Safety and Motor Vehicles, HSMV 82042 (Rev. 5/95)S, is used for this purpose.

https://notaries.dos.state.fl.us/education/IMAGES/DHMV.GIF

Question 34

When filling out the VIN paperwork

Answer 34

Part A requires the owner’s sworn statement regarding the correct VIN and odometer reading. A jurat, or notarial certificate, is provided in this section. The notary should make sure that the information in Part A is complete prior to the notarization.

Part B requires the notary public, or other authorized person, to certify that he or she has physically inspected the vehicle and found the VIN to be identical to the number recorded on the form. The notary public must include the date, sign the document, print his or her name, and affix his or her notary seal.

This VIN verification form is also found on the Application for Certificate of Title With/Without Registration, HSMV 82040 (Rev. 5/96)S. These forms and all other forms related to vehicle registration are available from the tag office of the Tax Collector’s Office in each county.

Question 35

Certifying Contents of a Safe-Deposit Box

Answer 35

Florida law provides that a financial institution may open a safe-deposit box if the rental fee is past due, providing that proper notice has been made and that certain other conditions are met. A notary public is authorized and required to be present for the opening of the safe-deposit box, to inventory the contents of the vault, and to make an appropriate certificate of the opening. The notary is not required to estimate the value of the contents of the safe-deposit box.

Question 36

How much can you charge for performing the duties with opening a safe-deposit box

Answer 36

$10

Question 37

When did the law authorizing notaries to perform verifying safety box contents?

Answer 37

The law authorizing notaries to perform this function became effective on July 3, 1992, and is found in section 655.94(1), Florida Statutes.

Question 38

Procedures for Notary Public when verifying contents in Safety box

Answer 38

The notary must be present at the time the safe-deposit box is opened and may not be a director, officer, employee, or stockholder of the financial institution. An officer of the institution must also be present with the notary at the opening of the safe-deposit box.

When the safe-deposit box is opened, the notary should inventory the contents of the box and should complete a certificate reciting the name of the lessee, the date of the opening, and a list of the contents. Florida law does not provide a form certificate; however, the following form, prepared by the Notary Section, should be sufficient.

https://notaries.dos.state.fl.us/education/images/SAFEDEP.GIF

Question 39

What happens after the certification is complete with verifying the contents of a safety deposit box?

Answer 39

Once the certificate is completed, copies should be made. The notary should place the original certificate in a package with the contents of the safe-deposit box and seal the package. The notary must then write on the outside of the package the name of the lessee and the date of the opening.

The notary should leave the sealed package and a copy of the certificate with the financial institution.

If the notary keeps a record book or journal of notarial acts, details of the act should be recorded. It may be a good idea to require the person opening the box, the officer of the institution, and any other witness to sign the journal as well.

Question 40

When “notarizing a signature” the two official acts are administering an oath and taking an acknowledgement.
A. True
B. False

Answer 40

A. True

Question 41

A Florida Notary Public may perform a marriage ceremony in the state of Georgia.
A. True
B. False

Answer 41

B: False

Question 42

What is the maximum fee a notary may charge to perform a marriage ceremony?
 A. $ 5
 B. $ 10
 C. $ 15
 D. $ 20

Answer 42

$20

Question 43

Which of the following documents is considered a public record that may not be attested to:
 A. Florida Driver's License
 B. Resident Alien Card
 C. Birth Certificate
 D. U.S. Passport

Answer 43

C: Birth Certificate

Question 44

To make an acknowledgement, the document signer does not have to personally appear before you, the notary public, and declare that he or she has signed the document voluntarily.
A. True
B. False

Answer 44

B: False

Question 45

An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts.
A. True
B. False

Answer 45

A. True