Notary Public Trial Exam

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Notary Public Trial Exam
2012-05-12 22:15:56
Notary Public

True/False; Multiple Choice; Fill in the Blank; Essay Questions; Info cards
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  1. Notaries may act only in the county where they are commissioned.

    • False. Hawaii Notaries may perform authorized notarial acts throughout all the islands and waters in the state of Hawaii, but not beyond the state borders.
    • All parts of a notarial act must be performed at the same time and place within the state.
    • (pg. 24)
  2. The maximum Notary fee for taking the acknowledgment of three signers is $15.


    (pg. 60-61)
  3. It is a Notary's duty to serve all persons requesting lawful notarial acts, even those who are not customers.

    True. Notaries must honor all lawful and reasonable requests to notarize, whether or not theperson requesting the act is a client or customer of the Notary or the Notary's employer.

  4. Notaries must keep a photocopy of every document noarized.

  5. Each document signer and witness must leave a signature in the Notary's record book.

    • True. The signature, printed name and address of each person whose signature is notarized and of each witness.
    • (pg.17-54)
  6. Notaries can withhold their services if they believe a signer is incompetent and unable to understand a document.

    True. A Notary must also be certain of the signer's ability to understand the document. A person who is underage, senile, of unsound mind or who does not seem to understand the nature or importance of the document he or she is signing may not be aware enough to sign. In such cases, the Notary might seek the advice of an attorney regarding the person's understnading, or the Notary might advise the person to see an attorney.

  7. A foreign passport is an acceptable ID if it contains the bearer's photograph and signature.

    • True. Among the IDs authorized for use by Notaries under Hawaii lare are: U.S. and foreign passports.
    • (pg.53)
  8. The letters "L.S." stand for the Latin words locus sigilli, which mean "location of the seal".

    True. Appears on many notarial certificates to indicate where the Notary seal should be placed.

  9. A disabled person who cannot sign his or her name or sign by mark must always depend on an attorney in fact or a guardian to sign on his or her behalf.

    False. A person because of illiteracy or a physical condition usually is allowed to make a mark -- an "X", for example -- as a signature. The mark must be properly witnessed inorder to be recognized as a fully legal signature. (When a mark is notarized, thereshould be at least one, but ideally two impartial witnesses presented in addition to the Notary to observe the affixing of the mark.)

  10. A credible witness relied on to identify a signer may be identified through a government-issued photo ID.

  11. A Notary employed by a corporation may take the acknowledgment of he corporation's president.

  12. A Notary should not rely on a third party to interpret the words of a signer who does not speak the Notary's language.

  13. The Notary need not reimburse the surety company for bond funds paid out to a person financially harmed by the Notary's actions.

  14. A Notary may delegate an assistant to check a signer's ID and make the required entry in the record book.

  15. A Notary's seal and record book belong to the Notary's employer if the employer paid for them.

  16. If a signer makes a change in a document, the Notary should initial the change in the margin.

  17. An affirmation is the legal equivalent of an oath, but refers to a Supreme Being.

  18. Customary wording for a jurat is: "Subscribed and sworn to before me this ____ day of _____, 20___."

  19. Adding a commission expiration date after affixing an official signature is optional for the Notary.

  20. Fees collected by Notaries are not taxable.

  21. A Notary will always have a disqualifying interest when...

    a)Notarizing an employer's signature.
    b)Notarizing a spouse's signature.
    c)Notarizing his or her own signature.
    c)Notarizing his or her own signature.
  22. To become a Notary, an applicant must...

    a)Have been a state resident for at least one year.
    b)Never have been arrested.
    c)Pass a closed-book exam by the Attorney General.
    c)Pass a closed-book exam by the Attorney General.
  23. An authenicating certificate for a Notary may be obtained...

    a)From the Lieutenant Governor or circuit court clerk.
    b)From a stationery store or the Notary himself/herself.
    c)From the Governor or Secretary of State.
    a)From the Lieutenant Governor or circuit court clerk.
  24. Identification of an acknowledger may be based on...

    a)A Social Security card or birth certificate.
    b)The word of a mutual friend who is under oath.
    c)An expired Hawaii driver's license.
    b)The word of a mutual friend who is under oath.
  25. It is always forbidden for a Notary to...

    a)Take an acknowledgment over the phone.
    b)Notarize for a first cousin
    c)Notarize for a blind person.
    a)Take an acknowledgment over the phone.
  26. The Notary and the Notary's ________ are liable for the Notary's negligence or misconduct.
  27. A solemn, spoken pledge that is not an affirmation is called an _________.
  28. An acceptable ID card should contain a signature and a __________ of its bearer.
  29. A Notary may sign for a disabled person provided that a certificate of disability signed by the person's ___________ is included with the document.
    Physician or doctor
  30. Notaries are requred to ________ any interlineation, erasure or change made to the document.
  31. For each notarization, what must be recorded in the Notary's official record book?
    For each notarization, the Notary must record the following:

    • 1.The type, date, and time of day of the notarial act;
    • 2.The title or type and date of the document or proceeding;
    • 3.The signature, printed name, and address of each person whose signature is notarized and each witness.
    • 4.Other parties to the instrument;
    • 5.The manner in which the signer was identified
  32. Why should a Notary always complete the record book entry before filling out the notarial certificate?
    Filling out the entry in the record book before completing a notarial certificate prevents a signer from grabbing he document and leaving before an important record of the notarization is made.
  33. Explain the differences between what an acknowledgment and a jurat certify.
    An acknowledgment certifies that the signer of the document personally appeared before the Notary on the date and in the county indicated. It also certifies that the signer's identity was satisfactorily proven to theNotary and that the signer acknowledged having signed freely.

    A jurat certifies that the person signing the document did so in the Notary's presence, that the person appeared before the Notary on the date and in the county indicated, that the person was identifed by the Notary and the Notary administered an oath or affirmation to the signer.
  34. Describe what the Notarial Seal should look like.
    • -Circular
    • -Not over 2"
    • -Serrated or milled edge border
    • -Must have Notary's name, commission number and the words, "Notary Public" and "State of Hawaii"
  35. Each Notary Public forthwith and before entering upon theduties of the Notary's office shall execute an official bond which shall be in the sum of $500.

    • False.
    • The official bond shall be in the sum of $1,000.
  36. Why are documents notarized?
    A document is notarized in order to protect persons signing an important document. It assures the parties to an agreement that this particular document and no other is the authenic document.
  37. What is on the Notarial Certificate?

    1.___________ 2.___________
    3.________________ _______4. (8.)
    6._______________ 7._________

    • Doc. Date:_______ #Pages:_______
    • Notary Name:_________ _______ Circuit (Seal)
    • Doc. Description:____________________
    • _________________________________
    • notary signature____________date_____
  38. What is an affidavit?
    a written or printed statement of facts, made voluntarily, and under oath or affirmation of the party making it, taken before an officer who has authority to administer an oath. (it is an oath that has been put in writting and signed by the affiant)
  39. "You do solemnly sear or affirm that the statements made in this affidavit are the truth, the whole truth, and nothing but the truth."

    This is a what?
    An Oath.
  40. What does "SS" abbreviate and mean?
    Scilicet: "Namely" or "more particularly described as"
  41. What is a venue?
    • A venue is the place where the notary is performing the notarial act.
    • ex.
    • ) SS.
  42. The "Subscribed and sworn to" clause is the same as what?
    The Jurat
  43. The Notary Bond is insurance for the Notary.

    False. It is protection for the public, and you must repay the surety firm any bond funds it pays out on your behalf.

    (pg. 6 #10)
  44. The commission expiration date may appear within the Notary's seal.

    False. According to state officials, the commission expiration date MUST NOT appear within the Notary's seal. (To prevent mistakes, many Notaries prefer to affix this date with an inking stamp.)

    (pg. 8)
  45. The danger in notarizing wills is that would-be testators how have drafted their own wills without legal advice amy believe that notarization will make their wills legal and valid. Are you able to offer them your advice on how to proceed? Why?
    No, you may not offer advice.You should refer them the individual to an attorney. Laws regarding wills differ from state to state.

    Notarization itself may actually void an otherwise properly executed handwritten (holographic) will, because courts have occasionally held that any writing on the document, other than the testator's, invalidates it.

    (pg. 10)
  46. How many stamps does Hawai'i require you to put on a notarized document?
    Two. One in the document section, somewhere near the words "L.S" or the words "(Seal)" is located; and one with your document stamp.
  47. Where does the signer have to sign on a document?
    At the bottom of the document. If there is no indication of where they need to sign, make a spot at the bottom of the document, or if there is no room, attach a jurat certificate and have them sign there.
  48. You can notarize for a stranger with no identification.

    • True. If the signer cannot be based on personal knowledge or ID cards, a Notary may rely on the oath or affirmation of a personally known credible witness.
    • (A credible witness should be someone the Notary believes to be trustworthy, impartial and without a financial interest in the document in question.)

    (pg. 11)
  49. A Notary's signature and seal must appear only on a notarial certificate (such as an acknowledgment or jurat) accompanying a written statement signed by another person.

    True. Stamping and signing a photograph is improper. However, a signature on a written statement referring to an accompanying or attached photograph may be notarized.

    (pg. 11)
  50. Can you notarize signatures on photocopies of documents?
    • Yes. A photocopy may be notarized as long as it bears an original signature. (The photocopy must be signed with pen and ink).
    • A photocopied signature may never me notarized.

    (pg. 12)
  51. A Certified Copy is a duplicate of an original document that is certified as an exact reproduction.

    If a person requests a certified copy of any document, what should you do?
    You should direct the person to the agency that issued the document.

    ex. a certified copy of a birth certificate may be obtained from the Breau of Vital Statistics in the state where the person was born.

    (pg. 28)
  52. What is the purpose of an acknowledgment?
    • 1. Certifies that the signer personally appeared before the Notary in the county indicated.
    • 2. The signer was positively identified by the Notary through personal knowledge or satisfactory identification.
    • 3.The signer acknowledged to the Notary that the signature was FREELY made for the purposes stated in the document.

    (pg. 29)
  53. All-Purpose Acknowledgment Certificate

    The following is wording for an All-Purpose Acknowledgment Certificate:
    On___(insert date)____, before me personally appeared ____(name of signer)___, to me personally known, who, being by me duly sworn/affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity.

    (pg. 34)
  54. Acknowledgment Certificate for an Individual Identified by a Credible Witness

    The following is wording for an individual signing on his or her own behalf is identified by the Notary through a credible witness:
    On ___(insert date)____, personally appeared before me__(name of signer)____, satisfactorily proved to me to be the person described in and who executed the within instrument, by the oath of ___(name of credible witness)____, a credible witness for that purpose, to me known and by me duly sworn, and the person, ___(name of signer)____, acknowledged that the person executed the same freely and voluntarily for the uses and pruposes therein set forth.

    (pg. 35)
  55. The following is wording for an Oath/Affirmation for an All-Purpose Acknowledgment:
    "Do you solemnly swear that this signature is you free act and deed (and, if applicable, you truly hold the named capacity and signed with due and lawful authority)?"

    (pg. 37)
  56. In executing a jurat, a Notary certifies that:
    • 1. the signer personally appeared before the Notary at the time, date, county of the notarization.
    • 2. The Notary watched thesignature being made at the time of notarization.
    • 3. The Notary administered an oath or affirmation to the signer.
    • 4.The Notary identified the signer.

  57. What are the five general components of a notarial certificate?
    • 1. A venue. (County, letters "ss" or "sct"
    • 2. A statement of what the notarization has certified.
    • 3. A testimonium clause, "witness my hand and official seal, this ___ day of ___, 20___."
    • 4. The official signature of the Notary.
    • 5. The official seal of the Notary. "LS" where to put the seal.

  58. Aside from the five general components of a notarial certificate, what other information needs to be on any acknowledgment or jurat form?
    • a. the printed name of notary
    • b. an identification or description of the document being notarized
    • c. the number of pages in the notarized document
    • d. the date of the notarized document
    • e. idnetification of the jurisdiction in which the notarization is being performed
    • f. the date the NOtary's official signature was affixed

    (pg. 58)
  59. What are the four judicial circuit Hawai'i State is divided into?
    1. FIRST JUDICIAL CIRCUIT: City and County of Honolulu. (Oahu, other islands in the state not mentioned, the district of Kalawao)

    2. SECOND JUDICIAL CIRCUIT: County of Maui. (Maui, Moloka'i [except Kalawao district], Lana'i, Kaho'olawe, and Molokini)

    3. THIRD JUDICIAL CIRCUIT: County of Hawai'i. (Big island)

    • 4. FIFTH JUDICIAL CIRCUIT: County of
    • Kaua'i. (Kaua'i and Ni'ihau)

    (pg. 136; pg. 8 in Notary public manual)
    On this ____ day of __________, 20____, before me personally appeared JOhn Doe andJames Smith, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of XYZ Corporation, and that the seal affixed to the instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its board of directors, and John Doe and James Smith acknowledged the instrument to be the free act and deed of the corportation.

    (pg. 93-pg.11 Notary Public Manual)
  61. If the corporation has no seal, what should the notary do?
    The notary should line out and initial "the seal affixed to the instrument is the corporate seal of the corporation" and add "and that the corporation has no corporate seal."

  62. What is the fundamental purpose of the acknowledgment?
    To ensue the authenticity and vluntariness of the signature.

    (pg. 10 NPM)
  63. The general form of an acknowledgment includes the following parts:
    • 1. The Venue
    • 2. The date of the notarial act, which is the date the notary signs it.
    • 3. The Body: which includes
    • a. a statement relative to the presence of the signer. (ex."...personally appeared before me")
    • b. the identity of the signer or signers. (Usually a blank space to insert names. MAKE SURE THE NAME OF THE DOCUMENT AGREES EXACTLY WITH NAME ON THE ACKNOWLEDGMENT.)
    • c. identification of the signer. (ex." me known to be the person described in and who executed the foregoing instrument...")
    • d. a statement of voluntary acknowledgment. (ex."...and acknowledged that he executed the same as his free act and deed.")
    • 4. Testimonium Clause. (ex. "In witness wherof, I have hereunto set my hand and official seal."

    (pg.11 NPM)

    Certifiying that a singer personally appeared before the Notary, was identified by the Notary and acknowledged signing the document freely.

    A formal declaration before an authorized official by a person who has executed a formal or legal written document that the execution ofthe document was his free and and deed.
  66. JURAT
    Found in affidavits and other sworn documents, certifying that a signer personally appeared before the Notary, signed in the Notary's presence and took an oath or affirmation from the Notary.
  67. What is the purpose of a Jurat?
    The purpose of the jurat is to compel truthfulness by appealing to the signer's conscience and fear of criminal penalties for perjury.
  68. What is the definition of a Notary?
    A Notary is defined as "public officer whose function is to attest and certify, by the notary's hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions, to take acknowledgments of deed and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters."
  69. What are the Notary's duties?
    "A notary must perform the notary's official duties with integrity, diligence, and skill. The notary's duty is not confined to the one to whom the notary directly renders service, but it extends to all persons who may be affected by thenotary's act."
  70. What is the Notary's obligation?
    "The most important obligation a notary has to the public the notary serves is to judge what acts constitute the practice of law and what acts constitute the practice of a notary public. If the notary, who is not an attorney, is asked to perform a notarial act that requries thepreparation of, or the giving of advice in regard to the preparation of, a legal document or form, the notary should always obtain the advice of an attorney unless the notary has had special education and training."