The Basics Flashcards
Notarial Officer
“Notarial Officer” means a Notary Public or an officer authorized to perform notarial acts.
Notary Public
“Notary Public” means a person appointed to perform a notarial act by the Secretary of State.
Notarial Act
“Notarial Act” is an act that a notarial officer of this state is authorized to perform.
Acknowledgment
An “Acknowledgment” is a declaration by an individual who executes an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the individual signed the instrument with proper authority and executed it as the act of the individual or entity represented and identified therein.
Jurat
A “Jurat” is a declaration by a notarial officer that the signer of a document signed the document in the presence of the notarial officer and swore to or affirmed that the statements in the document are true.
Oath
An “Oath” is a form of attestation which affirms that the taker will faithfully performs the duties of a specified office.
Noting a Protest (of a Negotiable Instrument)
“Noting a Protest” is an act in which a Notary Public certifies that a signer did not receive payment for a negotiable instrument.
Certifying a Copy
The act of “Certifying a Copy” is when the Notary Public creates a copy of a document which is presented by an individual.
The Notary Public must photocopy the entire document, then certify that the photocopy is a true and correct copy of the document that was presented by the individual.
Person
“Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
Credible Witness
“Credible Witness” means a person who swears or affirms that the signer of a document is the person who they claim to be and is known personally to the signer of the document and the notarial officer.
Representative Capacity
“In a Representative Capacity” means any one of the following:
* For and on behalf of an entity, as an authorized representative.
* A public officer, personal representative, or guardian.
* An attorney-in-fact for a principal.
* In any other capacity as an authorized representative.
Impartial Witness
An “Impartial Witness” is a person who either watches another (the principal) sign a document or takes that person’s acknowledgement of an already-signed document and appears before the Notary on behalf of the principal. The subscribing witness must sign the document in addition to the principal, must be personally known by the Notary Public and must take an oath or affirmation stating that he or she witnessed the principal sign or took the principal’s acknowledgement.
“Known Personally”
Personal Knowledge is being familiar with an individual resulting from interaction over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.
When a Notary Public verifies an identity is this manner, they will enter “known personally” when completing the entry in their journal.
Credential
A “Credential” is a tangible record evidencing the identity of a person.
Identification Document (ID)
An “Identification Document” is a document with an individual’s Photo, Name, and Signature.