Notarial Duties & Responsibilities Flashcards
A notary must hand over his/her notarial journal to ___ if he/she resigns or loses his/her commission.
The deed recorder’s office
If a notarial stamp is lost, the notary public must
Notify the PA Department of Regulation within 15 days of the occurrence
(Note: The notification must include 1. a statement of whether the stamp was lost/stolen; 2. the date the notary discovered the device was lost/stolen; 3. a statement that the notary does not possess the stamp and does not know who possesses it or where it is located; 4. a statement that if the notary subsequently re-acquires the stamp, the notary agrees to notify the department within 15 days of reacquisition that he/she has the stamp again
The wording attached to a document that describes the acts the notary performed is the notarial
Certificate
A credible witness establishing the identity of a signer must attest that the
Signer does not have any identification documents that would lawfully establish the signer’s identity
Official acts should be noted in the notarial journal in which order?
Chronologically by date
When performing an acknowledgement, a notary must record all of the following in the journal:
The document type, date and time of the notarial act, fee charged for the notarial act
(Note: Age of the signer should NOT be noted)
Notaries are authorized to perform what acts?
Taking acknowledgments, administering oaths and affirmations, taking verifications on oaths and affirmations, witnessing/attesting signatures, certifying or attesting copies or depositions, and noting protests of negotiable instruments
What are examples of acceptable expressions of a notary’s name?
John Peter Doe
John P. Doe
John Doe
J. Peter Doe
John Peter Doe, Jr.
John Doe, III
A notarial certificate attached to a document when a person signs the document and swears that the contents are true and correct is called
A verification on oath or affirmation
An individual desiring to protest a negotiable instrument MUST
Be physically present before the notary and be identified as the holder of the dishonored negotiable instrument
What are protests of negotiable instrument?
A protest is a “certificate of dishonor made by a U.S. consul or vice consul, notary, or other person authorized to administer oaths by the law of the place where the dishonor occurs.”
The protest must
- identify the negotiable instrument, 2. certify either that presentment has been made, or if not made, the reason why it was not made, and 3. state that the instrument has been dishonored by non-acceptance or nonpayment
A notary public may NOT certify copies of
Birth or death certificates
A notarial journal may NOT contain what?
Any personal financial or identification information about the notary’s customers (ex. social security numbers, complete driver’s license numbers, etc.)(Note: it is acceptable to use the last few numbers of these)
If the notary’s commission expires, the notary resigns, or the notary’s commission is revoked, he/she must deliver the journal within ___ days to the office of the recorder of deeds in the county where the notary ____.
30; maintains an office
An acknowledgment may be completed
at the same time the notary’s signature and seal are affixed to the document (Note: they must occur at the same time)
Upon resigning one’s notarial commission, a notary MUST
destroy the notarial stamp
To “personally” know someone, one could have
Collaborated with them on several work projects
What CANNOT be used to establish a signer’s identity?
A birth certificate, because it does not contain a signature or picture of the signer
What is an acknowledgment?
This act refers to an individual signing his/her name in front of the notary and presenting ID to the notary
To serve as a credible witness, a person must NOT
Be named in the document being signed
A notarial journal entry MUST include
The time the notarial act was performed
If a notary accepted an identification document to meet the requirements of satisfactory evidence, the notary should include what information about that document in the journal?
The ID’s expiration date
If a notary charges a fee for travel, this fee must be recorded
In the notarial journal