Notarial Duties & Responsibilities Flashcards

1
Q

A notary must hand over his/her notarial journal to ___ if he/she resigns or loses his/her commission.

A

The deed recorder’s office

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2
Q

If a notarial stamp is lost, the notary public must

A

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

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3
Q

The wording attached to a document that describes the acts the notary performed is the notarial

A

Certificate

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4
Q

A credible witness establishing the identity of a signer must attest that the

A

Signer does not have any identification documents that would lawfully establish the signer’s identity

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5
Q

Official acts should be noted in the notarial journal in which order?

A

Chronologically by date

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6
Q

When performing an acknowledgement, a notary must record all of the following in the journal:

A

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)

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7
Q

Notaries are authorized to perform what acts?

A

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

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8
Q

What are examples of acceptable expressions of a notary’s name?

A

John Peter Doe
John P. Doe
John Doe
J. Peter Doe
John Peter Doe, Jr.
John Doe, III

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9
Q

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

A verification on oath or affirmation

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10
Q

An individual desiring to protest a negotiable instrument MUST

A

Be physically present before the notary and be identified as the holder of the dishonored negotiable instrument

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11
Q

What are protests of negotiable instrument?

A

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.”

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12
Q

The protest must

A
  1. 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
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13
Q

A notary public may NOT certify copies of

A

Birth or death certificates

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14
Q

A notarial journal may NOT contain what?

A

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)

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15
Q

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 ____.

A

30; maintains an office

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16
Q

An acknowledgment may be completed

A

at the same time the notary’s signature and seal are affixed to the document (Note: they must occur at the same time)

17
Q

Upon resigning one’s notarial commission, a notary MUST

A

destroy the notarial stamp

18
Q

To “personally” know someone, one could have

A

Collaborated with them on several work projects

19
Q

What CANNOT be used to establish a signer’s identity?

A

A birth certificate, because it does not contain a signature or picture of the signer

20
Q

What is an acknowledgment?

A

This act refers to an individual signing his/her name in front of the notary and presenting ID to the notary

21
Q

To serve as a credible witness, a person must NOT

A

Be named in the document being signed

22
Q

A notarial journal entry MUST include

A

The time the notarial act was performed

23
Q

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?

A

The ID’s expiration date

24
Q

If a notary charges a fee for travel, this fee must be recorded

A

In the notarial journal

25
Q

In completing a verification on oath or affirmation, the notary certifies what?

A

Signer signed the document in the presence of the notary public; signer personally appeared before the notary public on the date indicated; notary administered the oath or affirmation

26
Q

What is a complete notarial journal entry for satisfactory evidence of identification?

A

CA Dept. of Motor Vehicles Driver’s License XXXXXX, issued 7/15/2022, exp. 7/15/2016

Type of ID, ID Number, ID issuance date, ID expiration date

27
Q

To certify a copy of a power of attorney, a notary public MUST

A

Inspect the original power of attorney document, attach a notarial certificate to the copy of the original power of attorney document, complete a notarial journal entry

28
Q

A notary may NEVER charge a fee for notarizing

A

An affidavit for an emergency vote by mail ballot (the law states this)

29
Q

What is required on a notary’s stamp?

A

“Commonwealth of Pennsylvania”
“Notary Seal”
John Doe and “Notary Public”
Name of the County
Date of commissions expiration
7-digit commission identification number

Ex.
Commonwealth of Pennsylvania - Notary Seal
John Doe, Notary Public
Dauphin County
My commission expires May 19, 2019
Commission number 1234567

30
Q

The notarial certificate attached to a document when a person signs a document and swears that the statements in the document are correct is called

A

A verification on oath or affirmation

31
Q

An individual who would like to perform notarial acts with respect to electronic records MUST

A

Be registered with the Department as an “e-notary”
(Note: One may register by filing an application with the Department)

32
Q

What information must a notary provide to the Department if he/she wants to become an e-notary?

A

The name and contact information for his/her electronic notarization solution provider
(Note: This information is required because the Department needs to approve which vendor the notary is using)