22 Role, Powers & Notarial Acts Practice Questions & Answers

1. 1. A notary commissioned in State A is working at her desk in State A. The signer lives in State B, and the signed deed will be recorded in State C. Under uniform notarial principles, what governs whether she may perform the notarization?

   • A.Her commission reaches only the county printed on her seal, so a signer from elsewhere must be sent to a notary of that county.
   • B.Her commission follows the document, so she may act only if State C recognizes notaries from outside its own recording districts.
   • C.Her commission covers only residents of State A, so a signer whose home is in State B must use a notary of his own state.
   • D.Her commission lets her act anywhere inside State A, so the signer's home state and the recording state do not limit her.✓ Answer

   A commission takes effect in any part of the commissioning state. The territorial limit therefore attaches to where the notary is physically standing when she acts, not to the signer's residence or to where the document will ultimately be used, so an act properly performed in State A is good for a deed later recorded in State C.

   Ref QB-KDEUQ7Source: Model Notary Act (2010) §3-2 (Jurisdiction and Term)Report a problem with this question

2. 2. The office of notary public is described as ministerial rather than judicial. Which consequence follows directly from that description?

   • A.The notary records the execution of a signature and has no commission to judge whether the document is lawful or accurate.✓ Answer
   • B.The notary weighs whether the instrument achieves what the signer wants and turns away any bargain she thinks is defective.
   • C.The notary reads the instrument in full and certifies that its terms were explained to the signer before it was signed.
   • D.The notary decides which side the document favors and reports any one-sided agreement to the commissioning official.

   A ministerial officer carries out a prescribed duty without exercising judgment over the merits of the matter. The Model Notary Act states that a notary commission does not authorize the notary to investigate, ascertain or attest to the lawfulness, propriety, accuracy or truthfulness of a document or transaction, so the certificate speaks only to the execution of the signature.

   Ref QB-3W8P57Source: Model Notary Act (2010) §5-7(b) (Improper Influence); §5-12 Comment on the notary's ministerial roleReport a problem with this question

3. 3. In taking an acknowledgment, what does the notary's certificate actually attest?

   • A.That the identified signer appeared and read the whole instrument aloud before the notary completed the form.
   • B.That the identified signer appeared and swore the statements written in the document are true and accurate.
   • C.That the identified signer appeared and produced proof of the representative authority claimed in the document.
   • D.That the identified signer appeared and indicated the signature was voluntarily affixed for its stated purpose.✓ Answer

   An acknowledgment has exactly three elements: personal appearance with the document, identification, and the signer's indication that the signature was voluntarily affixed for the purpose the document states. No oath is administered, the notary makes no statement about the truth of the contents, and the signer merely indicates rather than proves any representative authority.

   Ref QB-JD3HJ6Source: Model Notary Act (2010) §2-1 (Acknowledgment)Report a problem with this question

4. 4. A properly identified signer signs an affidavit at the notary's counter, and the printed certificate on it is a jurat. What must the notary still do before completing that certificate?

   • A.Ask the signer to initial every page so the certificate can attest that no page was swapped.
   • B.Read the affidavit through so the certificate can attest that its statements are accurate.
   • C.Administer an oath or affirmation aloud and obtain a spoken answer vouching for the contents.✓ Answer
   • D.Have two disinterested witnesses sign beside the signature to corroborate the statements.

   The oath or affirmation is the defining fourth element of a jurat: the signer appears, is identified, signs in the notary's presence, and then takes an oath or affirmation vouching for the truthfulness or accuracy of the signed document. Identification and signing alone do not complete the act, and the drafters warn that notaries commonly neglect to administer the oath, so the wording must be put aloud and answered unequivocally.

   Ref QB-2WVBY5Source: Model Notary Act (2010) §2-7(4) (Jurat)Report a problem with this question

5. 5. What distinguishes a signature witnessing from the other acts a notary performs on a signed document?

   • A.The signer is identified and signs before the notary, and two witnesses attest to his capacity.
   • B.The signer is identified and signs before the notary, and nothing more is sworn to or declared.✓ Answer
   • C.The signer is identified and signs before the notary, and the notary certifies correct preparation.
   • D.The signer is identified and signs before the notary, and the notary certifies the signature matches.

   Signature witnessing is defined by only three elements: appearance with the document, identification, and signing in the notary's presence. It carries neither the oath of a jurat nor the voluntariness declaration of an acknowledgment, which is exactly why it exists as a separate act for documents that need neither.

   Ref QB-HDQ6D5Source: Model Notary Act (2010) §2-21 (Signature Witnessing)Report a problem with this question

6. 6. Which notarial act can be performed with no document in front of the notary at all?

   • A.An acknowledgment taken orally, as when a signer acknowledges a deed already on record.
   • B.An oath or affirmation taken orally, as when a witness is sworn before giving testimony.✓ Answer
   • C.A copy certification taken orally, as when a notary describes a record she has read before.
   • D.A signature witnessing taken orally, as when a signer confirms his signature by telephone.

   The definitions of oath and affirmation require only that the individual appear in person, be identified, and make the vow of truthfulness; no document is part of the definition. Every other act begins with the presentation of a document, which is why swearing in a witness or an officeholder is the one act that needs nothing on paper, though the notary still records it in the journal.

   Ref QB-ZVHZS4Source: Model Notary Act (2010) §2-11 (Oath) and §2-2 (Affirmation); §5-1(2)Report a problem with this question

7. 7. A signer tells the notary that his beliefs do not allow him to swear an oath. What is the correct handling?

   • A.Offer to omit the oath, since identification and a signature already satisfy the jurat's own elements.
   • B.Offer a written waiver of the oath for the signer to sign so the certificate can then be completed.
   • C.Offer an affirmation, which has the same legal force and perjury exposure without invoking a deity.✓ Answer
   • D.Offer to have another notary put the question, since the objection runs to the person who asks it.

   An affirmation is defined as legally equivalent to an oath: the same vow of truthfulness on penalty of perjury, made on personal honor without invoking a deity and without any form of the word 'swear'. Because the two are interchangeable in legal effect, the notary must not press one form on an unwilling signer, and no religious text need be touched.

   Ref QB-GDCU74Source: Model Notary Act (2010) §2-2 (Affirmation) and §2-11 (Oath)Report a problem with this question

8. 8. In jurisdictions whose law authorizes a notary to make a protest, what does that act certify?

   • A.That a negotiable instrument was properly drawn and binds everyone whose name appears on it.
   • B.That a negotiable instrument was presented and dishonored, or why presentment was not made.✓ Answer
   • C.That a negotiable instrument was signed by a maker whose identity the notary confirmed by photo.
   • D.That a negotiable instrument was filed with the clerk of court and entered in the public record.

   A protest is a certificate of dishonor. It identifies the negotiable instrument and certifies either that presentment was made, or the reason presentment was not made, and that the instrument was dishonored by non-acceptance or non-payment. It is not among the acts the Model Notary Act confers on every notary; it is available only under the residual category of other acts authorized by a notary's own state law.

   Ref QB-YV6PM3Source: Uniform Commercial Code §3-505(b) (protest as certificate of dishonor); Model Notary Act (2010) §5-1(7)Report a problem with this question

9. 9. Where a notary's own state authorizes copy certification, what exactly is the notary certifying?

   • A.That she compared the copy with the original and found it identical, exact and complete.✓ Answer
   • B.That she examined the original and found it to be genuine and lawfully issued to the holder.
   • C.That she holds the original in safekeeping and will produce it should a dispute later arise.
   • D.That she checked the facts stated in the original against the relevant public records first.

   Copy certification is defined as a comparison: the notary confirms that the second document is an identical, exact and complete copy of the first. It says nothing about the original's genuineness, and the same definition bars certifying a copy of a vital record, a public record or a recordable document, which only the official custodian may certify. Whether a notary may certify copies at all is fixed by each state's own law.

   Ref QB-FDZG23Source: Model Notary Act (2010) §2-4 (Copy Certification)Report a problem with this question

10. 10. A foreign adoption agency asks for a notarized confirmation of a child's date of birth drawn from public records. In states that authorize it, which act fits?

    • A.A verification of fact, in which the notary reviews the records and certifies the date they show.✓ Answer
    • B.A jurat, in which the notary swears the requester to the truth of the birth date that she has written.
    • C.An acknowledgment, in which the notary takes the requester's declaration that the date is right.
    • D.A copy certification, in which the notary certifies the birth record as a true and exact copy.

    A verification of fact lets an authorized notary review public or vital records, or other legally accessible data, and certify facts such as a date of birth, death, marriage or divorce, or the name of a parent, spouse, offspring or sibling. No signature is sworn or acknowledged, and the person asking is a requester of fact rather than a principal. A copy certification is unavailable because a birth record is a vital record.

    Ref QB-RVS4VYSource: Model Notary Act (2010) §2-22 (Verification of Fact); §2-19 (requester of fact)Report a problem with this question

11. 11. A signer signed a document at home yesterday and now appears before the notary with proper identification. Which notarial act remains available on that signature?

    • A.A jurat, because the oath the signer takes today cures the fact that the signing happened yesterday.
    • B.A copy certification, because the notary can certify the signed page as an exact copy of an original.
    • C.A signature witnessing, because the notary can compare yesterday's signature with the identification.
    • D.An acknowledgment, because a signer may declare that a signature made earlier was affixed voluntarily.✓ Answer

    An acknowledgment requires only that the signer indicate the signature was voluntarily affixed for the document's stated purpose, so the signature itself may have been made at any earlier time. A jurat and a signature witnessing both require the signer to sign in the notary's presence, and an oath taken afterwards cannot supply a signing the notary never saw.

    Ref QB-9DY9FZSource: Model Notary Act (2010) §2-1 compared with §2-7(3) and §2-21(3)Report a problem with this question

12. 12. The preprinted certificate at the foot of the page states that the document was subscribed and sworn to before the notary. What does that wording call for?

    • A.A signature witnessing, so the notary watches the signing and attests to nothing more.
    • B.An acknowledgment, so the signer need only confirm that the signature already on it is his own.
    • C.A jurat, so the signer must sign in front of the notary and then swear to the contents.✓ Answer
    • D.A copy certification, so the notary compares the sworn page with the original on file.

    'Subscribed and sworn to before me' is the jurat wording: to subscribe is to sign, so the signer signs in the notary's presence and then swears or affirms that the contents are truthful and accurate. Wording that reads 'acknowledged before me' calls for an acknowledgment instead, where no oath is taken and the signature may predate the appointment.

    Ref QB-QVESPXSource: Model Notary Act (2010) §9-5 (jurat certificate form) and §2-7Report a problem with this question

13. 13. A busy notary asks her assistant to stamp the seal onto certificates the notary has already signed and filled in. Why is this improper?

    • A.The seal belongs exclusively to the notary and may be affixed by no other person, however instructed.✓ Answer
    • B.The seal may be affixed by an assistant only once the notary has sworn the assistant in as a deputy.
    • C.The seal may be affixed by another person if the notary watches, which she was too busy to do here.
    • D.The seal may be affixed by an assistant only where the employer has registered her with the state.

    The official seal is the exclusive property of the notary, must be kept secure and accessible only to the notary, and shall not be affixed by any other person. Separately, the notary must sign and seal only at the time of the act and in the principal's presence, so the notarial act cannot be split between two pairs of hands or finished after the signer has gone.

    Ref QB-8DMX9YSource: Model Notary Act (2010) §8-2(c) (Official Seal); §5-8(c)Report a problem with this question

14. 14. A signer has no identification at all. Under the Model Notary Act's credible-witness rule, which arrangement establishes his identity?

    • A.Two witnesses who each personally know him and each show the notary qualifying photo identification.✓ Answer
    • B.Two witnesses who each personally know him and who are both named as beneficiaries in that same document.
    • C.One witness who personally knows him well and who shows the notary qualifying photo identification.
    • D.One witness who personally knows him well and who is vouched for by a second witness now present.

    The two credible-witness routes are deliberately asymmetrical. A single witness works only if that witness is personally known to the notary; the witness's own photo identification is not a substitute. Two witnesses need not be known to the notary, but each must personally know the signer and each must present qualifying documentary identification. Either way the witnesses must be disinterested in the document or transaction and are placed under oath or affirmation.

    Ref QB-TVGS73Source: Model Notary Act (2010) §2-20(2) (Satisfactory Evidence of Identity); §2-5 (credible witness)Report a problem with this question

15. 15. A mutual friend introduced the notary to an acquaintance about two months ago, and they have met twice since. May the notary identify him from personal knowledge?

    • A.No, because personal knowledge also requires a signed statement from the friend who made the introduction.
    • B.No, because personal knowledge takes dealings over enough time to dispel reasonable doubt about identity.✓ Answer
    • C.Yes, because an introduction by a trusted mutual friend supplies the chain of proof this standard demands.
    • D.Yes, because two later meetings let the notary compare his appearance and signature on separate occasions.

    Personal knowledge of identity means familiarity built from interactions with the individual over a period of time long enough to dispel any reasonable uncertainty that he is who he claims to be. A recent introduction by a friend and two subsequent meetings do not reach that standard, so the notary should identify him by documentary evidence or credible witnesses instead.

    Ref QB-BDPXS3Source: Model Notary Act (2010) §2-16 (Personal Knowledge of Identity)Report a problem with this question

16. 16. Which credential satisfies the Model Notary Act's documentary test for satisfactory evidence of identity?

    • A.A current employee badge from a large employer, bearing the holder's photograph and his signature.
    • B.A current, properly stamped passport, which the Act excuses from the physical-description element.✓ Answer
    • C.A current credit card in the signer's name, bearing his signature and issued by an insured bank.
    • D.A current vehicle registration in the signer's name, issued by the state's motor vehicle agency.

    The documentary test requires a current document issued by a federal, state or tribal government, in a language the notary understands, bearing the person's photographic image, signature and physical description. A properly stamped passport is expressly accepted even though it carries no physical description. An employer badge, a credit card and a vehicle registration all fail the government-issued or photo-and-signature test. Which specific credentials may be accepted is otherwise set by the notary's own state law.

    Ref QB-SV5F22Source: Model Notary Act (2010) §2-20(1) (Satisfactory Evidence of Identity)Report a problem with this question

17. 17. Which set of elements must appear on a completed notarial certificate for an act performed on a document?

    • A.The notary's signature and seal, the date of the act, and the signatures of two attesting witnesses.
    • B.The notary's signature and seal, the signer's address, the document's title, and the fee charged.
    • C.The notary's signature and seal, the venue, the date of the act, and the facts the act attests.✓ Answer
    • D.The notary's signature and seal, the venue, the signer's identification number, and a file number.

    A complete certificate contains five things: the notary's official signature, an impression of the official seal, the venue, the date of the notarial act, and the facts and particulars attested for that particular act. The fee charged, the signer's address and the document's title belong in the journal of notarial acts, not on the certificate, and no attesting witnesses are required.

    Ref QB-ADBMM2Source: Model Notary Act (2010) §9-1(a) (Notarial Certificate)Report a problem with this question

18. 18. What does the venue line at the head of a notarial certificate identify?

    • A.The state and county in which the notary was physically located while performing the act.✓ Answer
    • B.The state and county in which the signer maintains his legal residence on the date that is shown.
    • C.The state and county in which the document is to be recorded or otherwise filed for use.
    • D.The state and county that were printed on the notary's commission when it was issued.

    The venue is the state and the county, parish or district of the notarial act — that is, the place where the notary actually performed it. It is neither the signer's residence nor the destination of the document, which is why a notary who travels to a hospital in a neighboring county must write that county in the venue line.

    Ref QB-MVCS6USource: Model Notary Act (2010) §9-1(a)(3) (venue of the notarial act)Report a problem with this question

19. 19. What does the impression of a notary's official seal on a certificate signify?

    • A.That the state has reviewed the transaction and registered it with the commissioning office.
    • B.That the document the certificate is attached to is legally sufficient for its stated purpose.
    • C.That the notary has read the attached document and found nothing false or unlawful in it.
    • D.That the act was done by a named notary of the named state whose commission can be checked.✓ Answer

    The seal image must carry the notary's name exactly as it appears on the commission, the commission identification number, the words 'Notary Public' and the state, the commission expiration date and the notary's business address. Its function is therefore to identify the officer and make the commission verifiable; it certifies nothing about the contents, legality or sufficiency of the document it sits beside.

    Ref QB-5DJXRUSource: Model Notary Act (2010) §8-3(a) (Image of Official Seal)Report a problem with this question

20. 20. A signer is out of town and offers to appear on a video call while her sister carries the document to the notary's office. What determines whether the notary may proceed?

    • A.Whether the sister can swear that the signer asked her to bring the document in for notarization.
    • B.Whether the notary personally knows the signer well enough to recognize her face on the screen.
    • C.Whether the notary's state has authorized remote notarization and she has met its registration rules.✓ Answer
    • D.Whether the video call is recorded and the recording is kept with the notary's chronological journal.

    The baseline rule is physical personal appearance: the notary must be close enough to see, hear, communicate with and receive identification documents from the principal, and a telephone call or a message does not serve. Appearance by audio-visual link is permitted only where the commissioning state has expressly authorized remote notarization and the notary has complied with that state's registration and technology requirements, so the answer turns on the notary's own state law.

    Ref QB-NTSXBVSource: Model Notary Act (2010) §2-15 (Personal Appearance) and §5-2(1); NNA Notary Public Code of Professional Responsibility, Guiding Principle on appearance of the principalReport a problem with this question

21. 21. An employee is brought in by her manager, who answers the notary's questions for her, keeps a hand on her shoulder and tells her to sign. What should the notary do?

    • A.Finish the act and report the manager afterward, since turning away a paying customer is itself improper.
    • B.Complete the act but note the manager's conduct in the journal, since the identification and document are in order.
    • C.Ask the manager to wait outside and proceed on his assurance that the employee has agreed to sign it.
    • D.Decline the act and note the refusal, since the signer no longer appears to be acting of her own free will.✓ Answer

    A notary may perform an act only if the principal appears to be acting of his or her own free will, and the professional standard directs a refusal whenever there is an articulable reason to believe the signer is under coercion or undue influence. A manager who answers for the signer and physically presses her supplies exactly that reason, so declining is a duty, and the refused act is still worth recording.

    Ref QB-5BMSRUSource: Model Notary Act (2010) §5-2(4); NNA Notary Public Code of Professional Responsibility, standard on refusing where coercion or undue influence is believedReport a problem with this question

22. 22. A signer who speaks English well and signs his name in the Latin alphabet presents a contract written entirely in a language the notary cannot read. The certificate is in English. May the notary proceed?

    • A.No, because a notary may never notarize a document whose text the notary is unable to read fully.
    • B.Yes, because the notary must understand the signer and the certificate, not the body of the document.✓ Answer
    • C.Yes, because the signer's fluent English lets the notary rely on his summary of what the text says.
    • D.No, because the notary would first have to certify an English translation of the contract's terms.

    The requirements are that the principal sign in letters or characters the notary understands and communicate directly with the notary in a shared language, and that the certificate itself be worded and completed in a language the notary reads, writes and understands. Nothing requires the notary to read the body of the document — the notary is not meant to read it at all — and a notary may never certify the accuracy or completeness of a translation.

    Ref QB-MTEM6USource: Model Notary Act (2010) §5-2(5)-(6) and §9-1(c); §5-9 Comment (notary is not authorized to read the document)Report a problem with this question

Practice questions cover uniform notary principles (Model Notary Act). Not affiliated with any state and not legal advice. Fees, term lengths, and statutes vary by state — study your state's official notary handbook. About notaries →