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Notary > Exam > Flashcards

Exam Flashcards

1
Q

What are the 2 Types of Notaries in Ohio?

A

Traditional and Online

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2
Q

Traditional Notary

A

-Meets face to face, Notarizes electronic or paper documents

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3
Q

Online Notary

A

Meets on the webcam, Notarizes electronic documents only

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4
Q

4 Actions of a Traditional Notary

A
  1. Acknowledgments 2. Jurats 3. Oaths or Affirmations 4. Taking and certifying depositions
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5
Q

Qualifications

A

-18 yrs old
-Legal resident, or attorney admitted to practice law in Ohio
-No official misconduct or incapacity
-Education requirement
-Pass the exam

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6
Q

Term and Jurisdiction

A

-5 year term
-Statewide jurisdiction

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7
Q

Roles

A

-Serve the public for all reasonable requests
-Impartial, third-party witness

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8
Q

Rules

A

-Employer may limit services
-May NOT limit on basis on race, sex, gender, age, etc.

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9
Q

Conflict of Interest

A

-May not notarize if you are a party to the document or you benefit from the transaction
-One exception: Attorneys may notarize for their clients
-Employees may notarize for their employers as long as they do not receive benefits from the transaction
-Use caution with family. If the Notary benefits, they may not notarize

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10
Q

Renewal

A

-Renew every 5 years
-Renew no more than 3 months prior to expiration
-Submit the same application you did the first time

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11
Q

5 Steps of Notarization

A
  1. Personal Appearance
  2. Check the document
  3. Verify the Facts
  4. Record the Notarization
  5. Complete the certificate
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12
Q
  1. Personal Appearance
A

ALWAYS Face to Face

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13
Q
  1. Check the Document
A

Check for 3 elements:

*Completeness
—-The Notary cannot suggest how to fill in blanks
—-Refer the signer to the appropriate agency

*Original Signature
—-Document can be faxed or copied but not the signature

*Certificate Wording
—-This will tell you the type of Notary act required. No certificate? Ask the signer or the document’s issuing or receiving agency- you must be instructed by the signer, then attach the appropriate preprinted certificate form.

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14
Q
  1. Verify the Facts
A

*Identify the signer
—-Personal knowledge or, satisfactory evidence

*Personal Knowledge
—-Interactions over a sufficient period of time
-Reasonable certainty

*Satisfactory Evidence
—-Acceptable ID
-Sworn statement of one credible witness

*ID Requirements
—-Should be current
—-Serial or identifying number

*Acceptable ID
—-Ohio Driver’s License or ID card
—-Other State’s Driver’s License or ID card
—-Mexican or Canadian Driver’s License
—-U.S Passport
—-Foreign Passport stamped by USCIS
—-USCIS ID Card
—-US military card

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15
Q
  1. Step 3 Continued
A

*Sworn Statement
-Notary must know Credible Witness, or Must be able to ID Credible Witness
-Credible Witness must know signer
-Witness must take an oath
—-Signer is person named in document
—-Witness knows signer
—-Signer does not have ID and cannot obtain one
—-Witness has no interest in the document
-Everything else about the notarization is the same

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16
Q

Verify the Facts

A

*Screen for willingness and awareness
—-Signer must understand nature of the document
—-Signer must understand effect of the document
—-Signer is signing of their own accord
*Communicate in a common language
—-Don’t rely on third party

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17
Q

Perform the act

A

-Acknowledgment
-Jurat
-Oath or Affirmation

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18
Q
  1. Record the Notarization
A

*Record the Notarization
—-Each notarization needs a separate entry
—-Credible witness gets separate entry

*NNA Recommends
—-Date and Time
—-Type of Notarization
—-Type of Document
—-Date of Document
—-Name and Address of Signer
—-Type of ID
—-Fee
—-Signature of signer

*NNA recommends you keep your journals for 10 years

19
Q
  1. Complete the Certificate
A
  • In Ohio, certificates must contain:
    1. Wording of acknowledgment or jurat
    2. Signed by the Notary
    3. Dated by the Notary
    4. Venue
    5. Notary’s printed name
    6. Commission expiration date
    7. Seal
  • Certificate can be pre-printed on document or attached with a separate piece of paper
    —-use pre-printed wording when possible
  • Signer must select the type of certificate
20
Q

Seal Components

A

-Your name
-Notary Public-State of Ohio
-Coat of Arms of Ohio (3/4 in-1 in)
-Additional information is allowed

*Immediately notify SOS of lost seal

21
Q

Acknowledgments

A
  • Signer personally appeared
  • Signer was identified
  • Signer acknowledges signature (Not necessary to witness signature)
  • Two types of Acknowledgment certificates:

—-Individuals
—-Representative signers

22
Q

Oaths or Affirmations

A
  • Oath: Pledge to a supreme being
  • Affirmation: Pledge on one’s personal honor
  • Personal appearance required

—Two ways:
—–Oath-taker reads
—–You read and oath-taker answers

23
Q

Jurat

A
  • Signer personally appeared
  • Signer was identified
  • You witnessed the signature
  • Signer takes an oath
    —Truthfulness of the written statement
    —Identity of the signer
    —Contents of the document are true
24
Q

Witnessing or attesting signatures

A
  • Signer must appear before you
  • Signer signs in your presence

*Establishes date a document was signed

  • Like an acknowledgment except you must witness signature
25
Q

Deposition

A
  • Spoken testimony transcribed into a written document
  • Notaries unskilled in this process should work under an attorney, paralegal, etc.
26
Q

Special Circumstances

A
  • Signature by Mark
  • Signature by Designated Alternative Signer
  • Notarizing and acting as a Witness
  • Blind Signers
  • Foreign Language Documents
  • Wills
  • Authentication
27
Q

Signature by Mark

A
  • When the signer is unable to sign, they may make a mark
  • Still proceed with the 5 steps

*Before the signer makes their mark, print their first name at the beginning of signature line and their last name at the end of signature line

  • Two impartial witnesses must observe the signer making their mark

*These witnesses must sign the document and print their names and addresses

  • Below the signature line, the witness must write “His/Her Mark”
28
Q

Signature by Designated Alternative Signer

A
  • Signer and proxy must be in your presence
  • Must identify both
  • Proxy must not be named in the document
  • Must insert “signature affixed by (name of proxy) at the direction of (signer)”
29
Q

Notarizing and acting as a witness

A
  • Can notarize and witness same document as long as the witness’s signature does not need to be notarized
30
Q

Notarizing for a blind signer

A
  • Document must be read aloud to signer before notarizing the document
31
Q

Foreign language documents or signers

A
  • You can notarize foreign language documents as long as the certificate is in English
  • The document must be in a language the signer understands
  • if they don’t understand the document, you must provide a written translation or translator
32
Q

Wills

A

*You may notarize a self-proving affidavit for a will

  • The signer must appear before you
  • The signer must be known to you or provide acceptable ID
  • The will must have pre-printed certificate wording or the signer must direct you as to which certificate to use
  • Two witnesses must be present . You cannot be one of the witnesses.
33
Q

Authentication

A
  • If headed to another state, use regular certificate
  • If headed to a country which has signed the Hague Convention Treaty on Authentication, use an Apostille
  • If headed to a country which has not signed, a series of certificates are needed.
  • Signer must submit a written request and $5 to SOS
  • Refer signer to SOS website for more information
34
Q

Change of Information

A
  • Change of Name
    —Must change within 30 days
    —$2 fee online
  • Change of Address
    —Must change address within 30 days
    —No fee
    —Form is found online
  • Resign
    —Notify SOS and destroy your seal
35
Q

Maximum Fee

A
  • $5 per Notary Act
  • Do not charge witnesses
  • Additional fees may be charged for travel, postage, copying
36
Q

Advertising

A
  • Foreign language advertisements must have a statement that says

“I am not an attorney licensed to practice law in the state of Ohio, and I may not give legal advice or accept fees for legal advice.”

  • Statement must be in both English and the foreign language
  • Must not use the term
    “Notario Publico.”
37
Q

4 Categories of Misconduct

A

*Law

*Regulation

  • Official Directive

*Expected Standard of Care

(A notary’s commission may be suspended or revoked, and they may face criminal/civic penalties.)

38
Q

Unauthorized Practice of Law

A
  • Advertisements must be clear that the Notary is not an attorney

*NEVER give advice

  • NEVER choose or recommend the certificate
  • DO NOT draft or prepare documents for clients
  • DO NOT select forms or documents
  • DO NOT correct errors or tells signers how to correct them
  • DO NOT explain forms or documents
39
Q

Laws prohibit

A
  • Notarizing a document without properly identifying the signer
  • using the term “Notario Publico”
  • Signing notary certificates with name other than your Notary name
  • Using a signature stamp to sign notary certificates (Unless authorized)
  • Signing a blank certificate and giving it to a signer
  • Taking an acknowledgment of a person you know to be incapacitated
  • Performing an acknowledgment of execution instead of an oath when an oath is required
  • Notarizing when the signer appears to be incapable of understanding the force and effect of the document
  • Notarizing when you have a conflict of interest
  • Certify that a document is either an original document or a true copy
  • Changing anything in a document after it has been signed
  • Notarizing a blank or incomplete document
  • Notarizing your own signature
  • Notarizing a signature of a signer who appears to have been coerced
  • Determining the validity of a power of attorney or other representative capacity
40
Q

Process of Complaints

A
  • Must be in writing
  • In person or by mail to SOS
  • Must include:
    —name of Notary
    —Notary Commission Number
    —Reason for Complaint
    —Copy of Document in Question
    —Contact information of Complainant

(Complain may be dismissed, or SOS may take action or refer it to State Attorney)

41
Q

Employer’s Liability

A
  • If the Notary error happens at work, both Notary and Employee are liable
  • If the Notary error happens outside of work, only the Notary is liable
42
Q

Two ways to protect yourself

A
  • Follow the law
  • E&O Insurance
43
Q

Reasonable Care

A
  • When state laws are clear, follow them
  • When laws are not clear, use common sense

Notary (1 decks)

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