Indiana Notary Public Questions and Answers Already Passed

Indiana Notary Public Questions and Answers Already Passed What is a notary public? A public official authorized to attest to the authenticity of signatures. What are the four basic components of a notary public? law abiding, bonded, impartial, public official. What are a notary's key functions? To acknowledge and witness the signing of documents and administer oaths and affirmations related to the signing of important documents. How much of a bond do you have to have before receiving IN Notary Commission? $25,000 surety bond Can a notary notarize their own signature? NO; a notary cannot notarize their own, their spouse's, or any party's signature that may directly benefit the notary. What is the role of a notary? To be an impartial witness to a signature, oath or affidavit. What is notarial act? Serves as a legal attestation to a signing, oath taking or swearing to an affidavit. Who is a notary public commissioned by? Commissioned by the state and serves as a public official. How long is the term of office for a notary? 8 years What are examples of notarial acts? 1. taking an acknowledgment 2. administering an oath or affirmation 3. taking a verification on an oath 4. attesting to or witnessing a signature 5. attesting to or certifying a copy of a tangible document or record (or an electronic record) 6. noting a protest of a negotiable record 7. any other act authorized by common law or the custom of merchants How old do you have to be to become a notary? 18 years of age Do you have to live in IN to become a notary? You have to be a citizen or permanent resident of the US OR primarily employed in the state of IN How often do you have to take continuing education courses? Every 2 years What is the fee to complete the continuing edeucation? $50 How do you make a correction to a notarial certificate? Draw a line through the mistake in ink and print the correct info immediately above the mistake with your initial and date by it. What must be included on notary seal? 1. "notary public" 2. "state of Indiana" 3. "seal" 4. the name of the notary public exactly as it appears on the notary public's commission certificate 5. commission number 6. "my commission expires" What does jurisdiction mean? with respect to the parties, subject matter and place. Where do IN notaries have the authority to attest/authenticate to affirmations? In the state of Indiana What is a certified copy? a copy of a record that can only be issued by the original issuing organization or agency or a specifically authorized agent of the original issuer. Can a notary create or certify copies of official records or documents? No; a notary public does not have authority to create or certify copies of official records or documents. What is a true copy? a copy of any document containing a notarized affidavit or attestation of the person who made the copy that it is an accurate, "true" and complete copy of the original. Does the person signing the document have to be physically in your presence? Yes; the person signing the document must be physically in your presence for the notarization to be valid. What are the 3 possible ways for a notary to verify the identity of the signer? 1. identification documents, 2. personal knowledge, 3. credible witness How long can ID be expired? Must be current and not expired more than 3 years. What is a credible witness? The notary personally knows someone who swears that he or she personally knows the signer. What is Notario Publico? (a class A misdemeanor) fraudulent advertising or misrepresentation by a notary who is not an attorney in good standing and admitted to practice law in IN What is the maximum fee a notary may charge? Maximum of $10 per individual notarization What is an apostille (or authentication)? A certificate that authenticates the origin of a public document by validating the official's signature. Can you notarize a blank document? A notary must never notarize a blank document, a document that has not been signed by the parties, or a document that contains blank spaces with omitted information (such as parties who are not present before the notary) What is a notary liability? A notary public who fails to carry out notary duties correctly may be subject to civil liability for any damages caused by the failure or error. What is misconduct? Negligent or purposeful improper notarization. Intentional Misconduct deliberate disobedience of notarial statute that seeks to benefit the notary in some way, often to defraud the signer of or a party to the document. Unintentional Misconduct negligent error or failure of duty in performing a notarization. (a notary failing to do everything the law requires or attempting to assist beyond what the law allows) What are examples of misconduct? -not requiring personal appearance of the signer, -failing to attach the notary seal, -neglecting to attach the expiration of commission, -failing to sign notarized document, -omitting Can notaries give legal advice? No; notaries must not give legal advice and they cannot prepare documents. What is a civil penalty? Civil penalties are the most common, if a notary intentionally or unintentionally damages the complainant, they may be liable for monetary damages. What is a criminal penalty? May apply if the notary's act enables a forgery, false writing, or other crime to occur. (intentional and can be prosecuted as any other crime) What is a notary journal? A journal of all notarial acts they perform. (IN does not require this) If my notary appt expires but I have applied for a new appt, may I continue to exercise my notarial powers? no; there is no carryover or grace period for a notary public once their appt has expired. Can I only notarize documents in my own county? An Indiana notary has authority throughout Indiana; the jurisdiction of a notary qualified in IN is co-extensive with the limits of the state. What is the filing fee? Filing applicated fee $75 How much is a remote notary authorization application? $100 acknowledgement a formal declaration before a notary that the instrument presented is the free and voluntary act of the party executing it and the signatures on the document are genuine. administer to give or apply in a formal way affidavit a signed statement made under oath or affirmation affirmation an oral or written declaration made by a person who has an objection to taking oaths, certifying that under penalty of perjury the declarations are true. affix to secure (an object) to another; to attach or add to apostille type of authentication of an official document or the official status of a notary or government official who has authenticated or certified a document. appointment the act of designations for an office or position authenticate to prove or verify as genuine certificate a document testifying to fact, qualification or promise; OR a written statement legally authenticated civil liability the responsibility and obligation to make compensation to another person for damages caused by improper performance of duties and acts commission a document describing the notary's appointment and term of office credible witness A believable witness worthy of confidence. Creates a chain of personally known individuals from the notary public to the signer of a document. instrument a legal document that establishes or transfers property rights such as a real estate deed, last will testament, trust or bill of sale. jurat "it has been sworn" - a certificate added to an affidavit or document stating when, before whom and where it was made jurisdiction or venue the locality where a cause of action occurs, the state and/or county where a notarization takes place. misconduct Behavior not conforming to prevailing standards or laws misdemeanor an offense of lesser gravity than a felony for which punishment may be a fine or imprisonment oath oral or written appeals before God that the declarations made are true official seal rubber stamp or embosser that conforms to the laws and rules personally known Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. power of attorney a legal instrument authorizing one to act as the attorney or agent of the grantor. Revoke to cancel or rescind swear/sworn To make a solemn promise; to vow, usually before God. verification a confirmation of the truth of a theory or fact witness a person who watches an event take place