Understanding Notarial Certificates Flashcards

Identify the different types of certificates and how to execute them

1
Q

Types of notarial certificates

A

Acknowledgements of individual or representative capacity
Oaths (verbal)
Jurat (verification on oath or affirmation)
Witnessing signatures
Copy of certification

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2
Q

“This record was acknowledged before me on (date) ______, 20__ by (name(s) of individual(s)) _________ as (type of authority) ________ of (name party whose behalf the record was executed) ______” is an example of what kind of certificate language?

A

Acknowledgement in a Representative Capacity

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3
Q

“This record was acknowledged before me on (date) ______, 20__ by (name(s) of individual(s)) _________.” is an example of what kind of certificate language?

A

Acknowledgement in an Individual Capacity

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4
Q

“Signed and sworn to (or affirmed) before me on (date) _____, 20 __ by (nam(s) of individual(s) making statement) ________.” is an example of what kind of certificate language?

A

Jurat, aka Verification on Oath or Affirmation

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5
Q

“Signed (or attested) before me on (date) _____, 20__ by (name(s) of individual(s)) _______.” is an example of what kind of certificate language?

A

Witnessing or Attesting a Signature

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6
Q

“I certify (or attest) that this is a true and correct copy of a record in the possession of ________.” is an example of what kind of certificate language?

A

Certifying to a Copy of a Document

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7
Q

Steps to completing an Acknowledgement in a Individual Capacity

A

Individual appears before you
You verify their identity, capability & willingness to sign
They acknowledge a signature is theirs

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8
Q

If an Acknowledgement uses the words “Signed and acknowledged before me” instead of just “acknowledged before me” the client must

A

Sign the document in the presence of the notary and acknowledge their signature, otherwise it’s okay if they sign beforehand

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9
Q

Steps to completing an Acknowledgement in a Representative Capacity

A

Representative appears before you
You verify Rep’s identity AND their authority to sign
Representative acknowledges their signature

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10
Q

How do you verify the authority of a representative?

A

They must provide an official record of their authority, such as Power of Attorney or Guardianship documentation. If the representative is for an organization or company, they must provide an official record of their role, such as a formal report. Not a business card, website or letterhead.

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11
Q

Steps to completing a Witness Signature

A

Signer appears before you
Verify signer’s identity, willingness & capacity
Signer signs in front of you

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12
Q

The word “attested” on Witness Signature certificates is

A

Necessary per statute but If you are witnessing a signature the signer does not also have to attest that the signature is theirs. This is not part of your function, and you can cross that out.

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13
Q

Steps to completing a Verbal Oath

A

Person appears before you
You verify their identity, willingness & capacity
You administer verbal oath

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14
Q

Oaths are

A

a legal ceremony and should be handled in a formal manner so the person is aware of the importance and is being truthful

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15
Q

To administer an oath

A

Have the person hold up their right hand while swearing or affirming, and record the oath in your journal

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16
Q

Steps to completing a Jurat (Verification on Oath/Affirmation)

A

Written oath appears in document (ie an affidavit)
You verify signer’s identity, willingness & capacity
You administer verbal oath
Customer signs before you

17
Q

If a Jurat’s certificate language includes both “sworn” and “affirmed”…

A

If they swore an oath, put a line through “affirmed”, if they affirmed, cross out “sworn”

18
Q

Steps to completing a Copy Certification

A

Customer appears before you
You verify their identity, willingness & capacity
Make the copy (Ideally yourself, or watch closely as they make the copy. Use the original if possible, otherwise note in your journal if copy is of a copy).

19
Q

Examples of copies you CAN certify include

A

Drivers license, passport, diplomas, transcripts, certificates, letters

20
Q

Examples of copies you CANNOT certify include

A

Vital records (Marriage, Birth or Death certificates)
County clerk & court records
FBI fingerprint cards

21
Q

What are the six components of a certificate

A

Where (State & County)
Who (Signer)
What (Act)
When (Date of Notarization)
Official Stamp (Legible & reproducible)
Official Signature