NOTARY TERMS

Question 1

An acknowledgment is an act requiring

Answer 1

An acknowledgment is an act requiring the signer to acknowledge his or her signature on a document and the notary public notarizes the signature. It is not required that the signature be witnessed by the notary, the act occurs when the signer acknowledges the signature on the document.

Question 2

A jurat is an act requiring

Answer 2

A jurat is an act requiring the signer to give an oath or affirmation that the statement in the notarized document is true and correct and the signer must sign the notarized document in the presence of a notary public. A jurat is required on documents such as an affidavit and motor vehicle title.

Question 3

The notarial certificate requires the following:

Seven Steps

Answer 3

The notarial certificate requires the following:

Wording of acknowledgment or jurat;
The signature of the notary public;
The typed/printed/stamped name of the notary public;
The date of the notarial act;
The venue where the notarization occurred (county/state);
Notary commission’s expiration date, if applicable; and
The notarial seal. The notarial seal must include the coat of arms of Ohio, which is ¾ inch up to 1 inch in diameter, the words “Notary Public” and “State of Ohio” or similar words.

Question 4

A Certificate of Title, often just referred to as a _______” is a commonly used document requiring _______. This document is used to ________. On the Certificate of Title there are two sections in which a notarial act may occur; _______, and the ___________ of Title.

Answer 4

A Certificate of Title, often just referred to as a “title,” is a commonly used document requiring the notarization of signatures. This document is used to transfer title of a motor vehicle to a buyer. On the Certificate of Title there are two sections in which a notarial act may occur; the Assignment of Ownership, and the Application for a Certificate of Title.

Question 5

An assignment of ownership is _____. The title itself indicates ______ relationship. This part of the document requires an ______ in which the _______ to the true _______, the true _________, and provides the buyer’s __________. As this document _______ an ________, the notary public must perform a ______.

Answer 5

An assignment of ownership is a transfer of the title from one owner to the next. The title itself indicates a seller and buyer relationship. This part of the document requires an affidavit in which the seller swears to the true selling price, the true odometer reading, and provides the buyer’s name and address. As this document requires an affidavit, the notary public must perform a jurat.

Question 6

Assignment of ownership.
The following information must be completed in the top portion of the form prior to notarizing the seller’s signature. Until the following portions of the form are complete, the notarial act cannot take place.

Six steps

Answer 6

The following information must be completed in the top portion of the form prior to notarizing the seller’s signature. Until the following portions of the form are complete, the notarial act cannot take place.

Selling Price
Date of Sale/Delivery
Minor? Consent Form Required
Buyer(s) legal name and address
Odometer reading
Check appropriate box

Question 7

The seller must _____ the notary public and _____ or _____ that the information in the document is true and correct. The signer must ______ in the presence of the notary public. The notary public must then complete the _______ with ______, the ____, _____ the act took place, ______ name, ______ and _____, if applicable. As stated in R.C. 147.141(A)(13), a notary public shall not notarize a signature on a document if the document is ____ or _____. Failure to adhere to these requirements may result in the _______ of the notary’s commission.

Answer 7

The seller must appear before the notary public and give an oath or affirmation that the information in the document is true and correct. The signer must sign the document in the presence of the notary public. The notary public must then complete the notarial certificate with his or her signature, the venue, date the act took place, typed/printed/stamped name, notary seal and expiration date, if applicable. As stated in R.C. 147.141(A)(13), a notary public shall not notarize a signature on a document if the document is incomplete or blank. Failure to adhere to these requirements may result in the revocation of the notary’s commission.

Question 8

Application for Certificate of Title
After the _____ has been transferred from the______ to the _____ the _____ will need to complete the _______ section, which is below the _________. This section must be completed so that the_____ can title the vehicle in the ___ of the ____ owner.

Answer 8

Application for Certificate of Title
After the title has been transferred from the seller to the buyer, the buyer will need to complete the Application for a Certificate of Title section, which is below the Assignment of Ownership. This section must be completed so that the BMV can title the vehicle in the name of the new owner.

Question 9

Application for Certificate of Title

The following information must be completed on the form prior to notarizing the buyer’s signature. Until all portions of the form are complete, the notarial act cannot take place.

6 steps

Answer 9

Application for Certificate of Title

The following information must be completed on the form prior to notarizing the buyer’s signature. Until all portions of the form are complete, the notarial act cannot take place.

Acceptance of Odometer Certification
Name and Address
Purchase price and other required financial information
Vehicle Information
Lienholder’s Information, if applicable
Minor? Consent Form Required

Question 10

Application for Certificate of Title

The signer must ______ before the _______ and give an____ or ____ that the information in the document is ____ and ______. The signer _____ the document in the ____ of the _______. The notary public must then complete the ____ with his or her _____, the ___, ____the act took place, ______ name, notary seal and ______ date, if applicable. As stated in R.C. ___.___( ) ( ), a notary public shall _____ notarize a signature on a document if the document is ____ or _____. Failure to adhere to these requirements may result in the revocation of the notary’s commission.

Answer 10

Application for Certificate of Title

The signer must appear before the notary public and give an oath or affirmation that the information in the document is true and correct. The signer must sign the document in the presence of the notary public. The notary public must then complete the notarial certificate with his or her signature, the venue, date the act took place, typed/printed/stamped name, notary seal and expiration date, if applicable. As stated in R.C. 147.141(A)(13), a notary public shall not notarize a signature on a document if the document is incomplete or blank. Failure to adhere to these requirements may result in the revocation of the notary’s commission.

Question 11

What Is a Notary Public?

Answer 11

A Notary Public is an official of integrity appointed by state government —typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.

Question 12

What Does A Notary Do?

Answer 12

A Notary’s duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.

Question 13

Why Are Notaries And Notarizations Necessary?

Answer 13

Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they’re signing, and that they’re a willing participant in the transaction.

Question 14

How Does A Notary Identify A Signer?

Answer 14

Generally, a Notary will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver’s license or passport.

Question 15

What it Means to be a Public Official

Answer 15

Notaries are public officials appointed by the governments of the 50 U.S. states, the District of Columbia and the five U.S. territories to serve their citizens as trusted, impartial witnesses to document signings.

Question 16

Acknowledgments

Answer 16

An acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of notarization to be positively identified and to declare (“acknowledge”) that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect exactly as written.

Question 17

Jurats

Answer 17

A jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. (An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one’s personal honor.) A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful.

Question 18

Certified Copies

Answer 18

A copy certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of original document.

Each state and U.S. territorial jurisdiction adopts its own laws governing the performance of notarial acts. While these different notarial laws are largely congruent when it comes to the most common notarizations, namely acknowledgments and jurats, there are unusual laws in a number of states. In the state of Washington, for example, certification of the occurrence of an act or event is an authorized notarization. And in Maine, Florida and South Carolina, performing a marriage rite is an allowed notarial act.

Question 19

The Parts of a Notarization

3 parts

Answer 19

The Notary’s screening of the signer for identity, volition and awareness is the first part of a notarization.

The second part is entering key details of the notarization in the Notary’s “journal of notarial acts.” Keeping such a chronological journal is a widely endorsed best practice, if not a requirement of law. Some states even require document signers to leave a signature and a thumbprint in the Notary’s journal.

The third part is completing a “notarial certificate” that states exactly what facts are being certified by the Notary in the notarization. Affixation of the Notary’s signature and seal of office on the certificate climaxes the notarization. The seal is the universally recognized symbol of the Notary office. Its presence gives a notarized document considerable weight in legal matters and renders it genuine on its face (i.e., prima facie evidence) in a court of law.

Question 20

How to Correct a Certificate

Answer 20

Too much helpfulness isn’t always a good thing. Signers sometimes bring documents to Notaries with the notarial certificate information “helpfully” filled in — but often this information proves to be wrong. The county named in the venue, for example, may be incorrect.

Fortunately, such errors are easy to fix. The Notary simply lines through any incorrect words, neatly writes in the correct information immediately above, and then initials and dates the correction.

However, a Notary may only correct information in the notarial certificate — not in the main body of the document.

Question 21

Determine if ID is Acceptable for Notarization

Answer 21

State-issued driver’s license
State-issued identification card
U.S. passport issued by the U.S. Department of State
U.S. military ID
State, county and local government IDs
Permanent resident card, or “green card,” issued by the U.S. Citizenship and Immigration Services*
Foreign passport*
Driver’s license officially issued in Mexico or Canada*
*Only in some states.

Question 22

What Types of ID Are Not Acceptable?

Answer 22

Generally speaking, Social Security cards, birth or marriage certificates, credit cards, school IDs, library cards and temporary driver’s licenses are not acceptable forms of ID for notarization purposes.

While some states are very strict about the forms of ID that can be used and others have general ID rules, many states leave it up to the Notary’s judgment. Before making a decision, consider that you may need to defend your notarization in the future.

Question 23

What if a Signer’s ID Looks Suspicious?

Answer 23

However, there are warning signs that you can look out for. If a photo doesn’t closely resemble the signer or the card looks altered in any way, consider it a red flag and inspect the card thoroughly. Make sure the photo and physical description match the signer. Confirm all of the security measures your state includes on ID cards are present too.

Question 24

Can Notaries Accept an Expired License as a Form of ID?

Answer 24

The answer depends on the state laws where the notarization is taking place. Some states require “current” ID and some states accept expired IDs if they were issued within the past five years. Because the laws in many states do not specify whether an ID has to be current, valid or unexpired, the NNA recommends accepting unexpired IDs as a professional best practice.

Question 25

Determine if Blank Spaces Acceptable

Answer 25

Occasionally, there may be an acceptable reason for leaving a space blank on a notarized document. Sometimes, for example, a paper requiring more than one signature must be circulated to collect the separate signatures and notarial certificates. Such a document’s “Date of Signing” space may be left blank until the final signature is affixed. In such situations, the Notary should record in the journal the reason the space was left blank.

Other documents, such as adoption papers and recordable instruments, may have blank spaces that must be filled in later. For instance, a recordable document should not be regarded as incomplete just because the box labeled “Reserved For Use By Recorder” is empty. This information can only be completed after the notarized document has been recorded.

In all other cases, it is an NNA-recommended best practice – if not a requirement of state law – for a Notary to ask that all blank spaces in a document’s text be filled in before a notarization is performed. If any space is intended to be left blank, then the signer might line through the space or write in “N/A” or “Not Applicable”.