Notary Final Set; Questions & Answers (Latest Update)
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Course
Notary public
Institution
Notary Public
Notary Final Set; Questions & Answers (Latest
Update)
Process for taking an acknowledgement 1) The signer must appear before
the notary.
2) The signer must declare that they have voluntarily signed the document.
3) Ask something like ""Do you acknowledge that this is your signature and that ...
Notary Final Set; Questions & Answers (Latest
Update)
Process for taking an acknowledgement ✔✔1) The signer must appear before
the notary.
2) The signer must declare that they have voluntarily signed the document.
3) Ask something like ""Do you acknowledge that this is your signature and that
you are
executing this document of your own free will?"
4) If the answer is affirmative complete a certificate which states that the
execution of the
document was acknowledged by the signer.
Documents that typically require taking an acknowledgement ✔✔deeds,
mortgages, contracts,
and powers of attorney (except those pertaining to motor vehicle titles).
When are oaths or affirmations typically required? ✔✔
Process for taking an oath or affirmation ✔✔1) The signer must appear before
the notary
, Notary Final Set; Questions & Answers (Latest
Update)
2) The signer must swear that the information contained within the document is
true.
3) The signer must verbally state that they are making an oath or affirmation.
4) Administer the oath or affirmation. (An oath similar to one administered in
court by a judge or
bailiff would be sufficient. Or, you may simply ask, "Do you swear (or affirm)
that the
information contained in this document is true?")
5) after receiving an affirmative answer, you must complete a proper notarial
certificate
indicating that an oath or affirmation was taken.
What is the penalty for those that break an oath or affirmation? ✔✔Those who
make a false oath
or affirmation is subject to charges of perjury.
What kind of documents typically require an oath or affirmation? ✔✔Sworn
statements are
, Notary Final Set; Questions & Answers (Latest
Update)
commonly used in affidavits, depositions, and applications.
Process for a prepared notarial certificate ✔✔1) look for the key words
"acknowledged" or
"sworn to" to tell you which notarial act is required.
2) If there is no notarial certificate on the document, the signer must direct you
whether he or she
wants to make an acknowledgment or take an oath.
What to do if a signer asks whether an oath or affirmation is required ✔✔Unless
you are an
attorney, you are not authorized to advise a person which notarial act is
appropriate for the
document presented for notarization, and you may not advise the person about
the contents of the
document.
Process for depositions ✔✔1) The deponent must appear before the notary
2) The deponent must identify themselves
, Notary Final Set; Questions & Answers (Latest
Update)
3) The notary should make a record of the deponent's signature. Also detail the
circumstances of
the deposition in the record.
4) The notary would then administer the oath or affirmation, perhaps by having
the deponent
raise his or her right hand and asking:
"Do you swear (or affirm) that the testimony you are about to give in this matter
is the truth, the
whole truth, and nothing but the truth (so help you, God)?"
5)Once an affirmative answer is given, the deponent is now under oath, and the
notary's
responsibility is over.
What is a deposition? ✔✔A deposition is the testimony of a witness, under oath
or affirmation,
taken outside of court in which lawyers ask oral questions of the witness. The
testimony is
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