WITH SOLUTIONS GRADED A+
✔✔Penalty for a notary that certifies an affidavit without administering the appropriate
oath or affirmation to the person? - ✔✔* Removal from office by the Court of Common
Pleas of the county of residence
* Ineligible for reappointment to the office of notary public for 3 years
✔✔Who signs a memorandum of trust? - ✔✔Settlor and trustee
✔✔What is an oath? - ✔✔A declaration by a person before an office authorized by law,
such as a notary public, to take oaths that what he has said or is about to say is true or
a promise that he will faithfully perform certain acts
✔✔What must accompany an oath for it to be a proper and legal oath? - ✔✔* An appeal
to God to witness the sincerity of the statement
* Accompanied by some outward act demonstrating this appeal, such as raising the
right hand or placing it on the Bible.
✔✔True / False:
A person cannot take an oath without this religious affirmation. - ✔✔False:
He/she is permitted to substitute an affirmation which eliminates the appeal to God.
✔✔What is an affidavit? - ✔✔A written statement of facts, the truth of which is sworn to
before a person authorized to administer oaths, and followed by an official statement of
the person taking the oath that the affidavit was signed and sworn to, or affirmed, in his
presence
✔✔What are the 3 steps needed for certifying an affidavit? - ✔✔1. Administer an oath or
affirmation to the affiant (the person giving the affidavit) whereby the affiant is asked to
state that the facts set forth in the affidavit are true.
2. Have the affiant sign the affidavit in the presence of the Notary
3. Complete and execute the certification on the instrument, below the signature of the
affiant.
✔✔True / False:
The signer of an affidavit can acknowledge the signature in the presence of the notary. -
✔✔False:
The affidavit itself must be signed in the presence of the notary.
✔✔What is an acknowledgement? - ✔✔A formal declaration by a person executing a
document, made to an official authorized by law to take an acknowledgment (such as a
Notary Public), that the person executed the document freely and voluntarily for the
purpose set forth in the document.
, ✔✔What are the steps in an acknowledgement? - ✔✔1. Signer acknowledges to the
Notary that the signature is his/her own and that he/she signed the instrument
voluntarily and without duress.
2. The Notary must either know the person seeking notarial services or obtain
satisfactory evidence that he/she is the person described in, and who executed, the
document.
3. The Notary then signs his/her own name certifying that the document was
acknowledged in his/her presence.
✔✔True / False:
A person must provide identification for a notary to certify the identification of the person
desiring it. - ✔✔True:
Unless the notary personally knows the individual or a third person known to the notary
introduces the individual
✔✔Why are acknowledgements so important? - ✔✔In court, papers that have been
acknowledged before a Notary Public need not be proven. The notary's certification is
considered sufficient to show the authenticity of the signature.
✔✔True / False:
A notary may notarize his/her own signature. - ✔✔False
✔✔True / False:
A notary may not take an acknowledgement to an instrument in which that notary has
an interest. - ✔✔True
✔✔True / False:
An Ohio notary may notarize an instrument only when within the boundaries of the state
of Ohio. - ✔✔True:
All three act, witnessing, acknowledgement, and certification, must all take place in the
physical boundaries of Ohio.
✔✔True / False:
A notary may take an acknowledgement regarding matters or property outside the state
of Ohio. - ✔✔True:
It can regard matters of property outside of Ohio, but all three notarial acts, witnessing,
acknowledgement, and certification, must all take place in the physical boundaries of
Ohio.
✔✔True / False:
A notary may not take an acknowledgement of a relative at any time. - ✔✔False:
He can as long as he himself has no interest in the transaction.