Which date belongs in the notarial certificate?
- The date printed at the top of the document
- The date the document will take legal effect
- The date the notarial act was actually performed
- The date the notary's commission was issued by the state
Show the answer
C. The date the notarial act was actually performed
The certificate records when the signer appeared and the act took place. The document's own date or effective date may be different, and those dates are not what the notary is certifying.
Reference: RULONA Section 15(a)
Under the Revised Uniform Law on Notarial Acts, when is a notarial officer barred from acting on a record?
- When the signer is a neighbor, friend or coworker of the notarial officer
- When the officer or the officer's spouse is a party or has a direct beneficial interest
- When the record is more than one page long or includes exhibits that were attached by the signer
- When the signer has already had another record notarized that same day
Show the answer
B. When the officer or the officer's spouse is a party or has a direct beneficial interest
The uniform act disqualifies the officer when the officer or the officer's spouse is a party to the record or has a direct beneficial interest in it. Merely knowing the signer is not a conflict. Many states extend the bar to other relatives.
Reference: RULONA Section 4(b)
A coworker brings the notary a form already signed by his wife and says, 'She is at work, but I watched her sign it and I will vouch for her.' What should the notary do?
- Decline until the wife appears in person
- Notarize it, since her husband saw her sign
- Notarize it after putting the husband under oath
- Notarize it after phoning her to confirm
Show the answer
A. Decline until the wife appears in person
The person whose signature is notarized must personally appear. A spouse's assurance, even under oath, is not a substitute, and a confirming phone call is not personal appearance either.
Reference: RULONA Section 6
Under the journal provision of the Revised Uniform Law on Notarial Acts, which item is NOT part of a journal entry?
- The date and time of the notarial act
- The signer's Social Security number
- The type of notarial act performed
- The fee charged by the notary, if any
Show the answer
B. The signer's Social Security number
The uniform act calls for the date and time, a description of the record and type of act, each individual's name and address, how identity was established, and any fee. A Social Security number is not called for and would create a needless privacy risk.
Reference: RULONA Section 19(c)
A surety company pays a claim to someone harmed by a notary's improper notarization. What can the surety then do?
- Seek repayment from the notary
- Treat the matter as fully closed
- Bill the injured person for the loss
- Demand payment from the state
Show the answer
A. Seek repayment from the notary
A surety bond works like a guarantee, not insurance: after paying the injured party, the surety is entitled to recover what it paid from the notary. That is why the bond does not protect the notary.
Reference: General notarial practice: surety bonds