Questions and Answers Correct Latest
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Powers & limitations - ANSWER-Notarial acts that may be performed by a notary
within the state.
Acknowledgement - ANSWER-A notarial act in which a notary certifies that a signer,
whose identity is personally known to the notary or proven on the basis of
satisfactory evidence, has admitted, in the presence of the notary, to voluntarily
signing a document for the document's state purpose.
Jurat - ANSWER-A notarial act in which a notary certifies that a signer, whose
identity is personally known or proven on the basis of satisfactory evidence, has
made, in the notary's presence, a voluntary signature and taken an oath or
affirmation vouching tfor the truthfulness of the signed document.
False or incommplete certificate - ANSWER-A notary may not execute a certificate
containing a statement known by the notary to be of this nature.
Notarization of an electronic signature requirers - ANSWER-A personal appearance
and certification of a voluntary signature.
Notarization of an electronic signature can not be done... - ANSWER-Over the
phone, fax, email or video conference.
For electronic notarization, the signer is in the presence of the notary using______ -
ANSWER-Computer instead of pen and paper.
Electronic Signature - ANSWER-An electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the
intent to sign the record.
A signer must always appear before the notary except: - ANSWER-There are no
exceptions. Many fraud cases begin with stories of why the signer could not
personally appear.
Failing to name the appearing signer - ANSWER-When a signers name does not
appear on the certificate in print.
Many fraud cases show that the "defrauder" was able to add a different name in the
Jurat or Acknowledgment simply because: - ANSWER-The notary failed to include
the correct name in the first place or forgot to put the signer's name on the certificate
in print..
, Policiy contrary to UCA 46-1-8 - ANSWER-A notary "Picks & chooses" who is served
based on personal preferences or prejudices.
To "pick and choose" who is served based on personal preferences. - ANSWER-By
law, a notary may not refuse to enter into a lawful transaction involving a notarial act.
An employer may: - ANSWER-*Determine when the notary is availabe to serve the
public DURING work hours.
*Establish policy that the notary will only notarize company documents DURING
work hours.
*Allow the notary to serve the public at determined times DURING work hours.
*Require a $5 fee for clients or non-clients.
An employer may not: - ANSWER-*Determine when the notary is avaiable to serve
the public AFTER work hours.
*Establish policy that the notary's service is restricted to the workplace.
*"Pick & choose" which documents or customers will be served whenthe notary is
serving the general public (unless the transaction is unlawful)
*Require more than $5 per signature notarized.
Valid Identification - ANSWER-* Passport (from this or any nation)
* Approved Government I.D.
Approved Government I.D. (U.S., any state within the U.S., or Foreign) must include:
- ANSWER-A photograph, Signature, and Physical Description.
Not Valid Identification - ANSWER-*Driver's Privilege Card
*Birth Certificate
*Marriage License
*Social Security Card
*Any other documents when does NOT meet the criteria for Valid Identification
Satisfactory evidence of identity - ANSWER-Identification of an individual based on
valid personal identification with the individual's photograph, signature, and physical
descripton issued by the United States government, any state within the United
States or a foreign government. (or) Valid passport issued by any nation (or) The oat
or affirmation of a credible person who is personally knnown to the notary and who
personally knows the individual.
Can a notary notarize a will? - ANSWER-Yes, unless there is some other reason as
found in title 46 that would categorize the transaction as unlawful.
Can a notary notarize a document written in another language? - ANSWER-Yes. A
notary should not be reading the document.
46-1-8 A notary may not refuse to... - ANSWER-enter into a lawful transaction
involving a notarial act by the notary