Notary Public Study Guide Latest Update Graded A

Notary Public Study Guide Latest Update Graded A acknowledge to admit the existence of truth of a statement and accept responsibility acknowledgement a formal declaration before a notary public that the instrument presented is the free and voluntary act of the party executing it and the signatures on the document are genuine affidavit a signed statement made under oath or affirmation certificate a document testifying to fact, qualification, or promise -a written statement legally authenticated credible witness a believable witness worthy of confidence (chain of personally known individuals from the notary public to the signer of the document) official seal rubber stamp or embosser that conforms to the laws and rules verification a confirmation of the truth of a theory or fact witness a person who watches an event take place Notarial Act serves as a legal attestation to a signing, oath taking or swearing to an affidavit role of a notary be an impartial witness to a signature, oath or affidavit the age to become a notary 18 years of age When does the Notary need renewed ? 8 Years filing fee $75 fee for continuing education $50 The price of the bond you receive $25,000 Can I notarize my own signature or signatures of my spouse, children, parents or other relatives? No, you may never notarize your own or the signatures of his or her spouse. Never notarize a document that may directly benefit the notary or notary's spouse what If the notarial certificate is missing from a document You may complete the certificate form that your customer has requested and attach it to the document. When using a credible witness to identify the signer for an acknowledgement, the notary May only charge one fee for both, because they're all part of the same notarial act. . An acknowledgment If the words "signed and sworn" or "subscribed and sworn" appear in the notarial certificate on the document, you need to perform Can you notarize your own signature? NO A Notary is prohibited from *Taking his or her own deposition. *Notarizing a document if the Notary has a conflict of interest. *Advertising as a Notario Publico. As an Indiana Notary you can * Take acknowledgments. * Certify copies * Administer oaths and affirmations. When a credible witness is used, the credible witnesses primary function is to Swear or affirm to the document signer's identity. When you identify a signer using an ID card, you need to look for Expiration date that is current or has been expired for less than 3 years. When using a certificate form, always make sure to * Attach the form securely to the document with a stapler * Make a note in your journal that a certificate form was used. * Add the wording: See Attached Notarial Certificate. Within how many days must you notify the Secretary of State of an address change associated to your notary commission? 30 days. what can you do if the signer is physical unable to sign for themselves The signer may direct another individual to sign the document for them. For an individual acknowledgment You may charge up to $10.00, per signature notarized, whatever the number of pages. when should the notarial certificate be completed? During the notarization. Can a Notary practice law? A notary is specifically PROHIBITED from practicing law, unless he/she is already an attorney When must an applicant take their notary exam? Within 90 days of receiving test instructions. An applicant who fails to pass the exam may not file a new application for re-examinations sooner than... 30 days If your name changes during your commission can you still practice as a notary? YES. You must indicate your name in which the commission is issued using (parentheses) on the document notarized. Can an acknowledgement happen remotely, such as over the phone? NO. The person acknowledging the signature must personally appear before the notary. They must prove who they are with ID (preferably with Photo included) What states can Indiana Notary's take place? Indiana Well what if they sign the affidavit before meeting you? DO NOT SIGN THE AFFIDAVIT. Affidavits MUST be signed in the presence of a notary, AFER the oath is administered What's the penalty for failing to administer an oath before certifying an affidavit? up to a $100 fine, 30 days in prison and ineligibility for reappointment for 3 years 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. 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 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 is a notary journal? A journal of all notarial acts they perform. (IN does not require this) 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. How much is a remote notary authorization application? $100 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 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