NOTARIAL PRACTICE Flashcards
Three purpose of notarial practice
- To promote, serve and protect public interest
- To simply modernized rules governing notaries
- Foster ethical conduct
Five qualifications of a notary public. CRAM-Good
- Citizen of the PH
- 21 years of age
- Resident of the PH for at least one year and maintains regular work in the city where the notary is to be issued
- Good moral standing
- Not involved in crimes involving moral turpitude
Term of office of a notary public
Two years commencing on the first day of January the year the commissioning is made
Six powers of notarial acts. JOSACA
- Acknowledgements
- Oaths and affirmations
- Jurats
- Signature witnessings
- Copy certifications
- Any other act authorized
T/F. A notary public is authorized to certify the affixing of a signature by thumb or other mark IF
1. In the presence of two unaffected witnesses
2. Witnesses names are signed
3. Signoff
4. Has acknowledgement or jurat
True
T/F. A notary public is authorized to certify on behalf of a person IF:
1. Is directed by the person unable to sign
2. Affixed in the presence of two unaffected witnesses
3. Witnesses names are signed
4. Signoff
5. Has acknowledgement or jurat
True
Three disqualifications of a notary public
- If the notary is the party the document is to be notarized
- Receive direct advantage and consideration
- If he is a spouse, common-law partner, ancestor, descendant or relative by affinity or consanguinity within the fourth civil degree
Three situations wherein the notary may reject a request for notarization
- If notary has good reason to believe that the transaction is unlawful
- Signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt
- The signatory is not acting of his own free will
Other limitations of a notary public
- Notary public shall not execute containing information known to be FALSE
- Shall not notarize a blank or incomplete instrument
