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50 Cards in this Set
- Front
- Back
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If a document gets rejected because of a notary's mistake, the notary can be asked to notarize a second time only if....
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a) only if in the exact location where doc was previously notarized.
b) Only if the signer is again present for the notarization. c) Only w/in 3 mts of the orig N/date. d) Only over the phone or via email. The signer shouldn't be forced to appear again. |
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Identifying the doc signer _________.
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a) Is a crucial step in N/and one of the N's top responsibilities.
b) Shld only b done by N's who are also attorneys and can thus prosecute the signer if he/she caught signing. c) Is a waste of time. If the signer is lying how are you supposed to know. |
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Verifying the truthfulness of a document_____________?
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a) Is an important aspect of the N'ztion.
b) Must be done before performing a N'ztion. c) Both a & b d) None of the above. |
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True or False? When a signer is uncertain about what type of N'ztion to ask for, a N may explain the differences between an acknowledgment or a jurat.
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Yes, but the final choice has to be the signers.
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If your boss insists that you improperly N a sig, who is responsible in the event of a law suit?
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You, the N, are responsible. You have every right to decline the employers request and refuse to N.
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If a document gets rejected because of a notary's mistake, the notary can be asked to notarize a second time only if....
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a) only if in the exact location where doc was previously notarized.
b) Only if the signer is again present for the notarization. c) Only w/in 3 mts of the orig N/date. d) Only over the phone or via email. The signer shouldn't be forced to appear again. |
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Identifying the doc signer _________.
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a) Is a crucial step in N/and one of the N's top responsibilities.
b) Shld only b done by N's who are also attorneys and can thus prosecute the signer if he/she caught signing. c) Is a waste of time. If the signer is lying how are you supposed to know. |
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Verifying the truthfulness of a document_____________?
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a) Is an important aspect of the N'ztion.
b) Must be done before performing a N'ztion. c) Both a & b d) None of the above. |
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True or False? When a signer is uncertain about what type of N'ztion to ask for, a N may explain the differences between an acknowledgment or a jurat.
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Yes, but the final choice has to be the signers.
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If your boss insists that you improperly N a sig, who is responsible in the event of a law suit?
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You, the N, are responsible. You have every right to decline the employers request and refuse to N.
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What is the safest & most reliable way to ID a signer?
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Personal knowledge.
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What does personal knowledge require?
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a) assoc with the signer in relation to other people.
b) Association based upon a chain of circumstances. c) both a & b d) non of the above |
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The length of time that you have known the signer should be _____________ to _______________
the person has the identity claimed. |
long enough
remove every reasonable doubt. |
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What should the N do if he/she has a reasonable doubt of the signers identity?
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ID should be made thru either a credible identifying witness or a reliable document (ID card).
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The length of time that you have known the signer should be _____________ to _______________
the person has the identity claimed. |
long enough
remove every reasonable doubt. |
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Should the Notary ask the signer to fill in any blanks in an incomplete document?
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Yes. If the spaces are intended to be left blank, the (signer) should be asked to line thru each space, or write, NA in the blank.
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All signatures should be _________,
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a) in ink
b) signed in front of you. c) origional d) a & c |
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Compare the signature on the doc with what?
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a) signature on ID card
b) signature faxed over to you c) signature in the notary book. d) a & c |
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The "Notary Public dode of Professional Responsibility" states that ________________.
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The notary shall refuse to notarize any doc whose text is incomplete.
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What do you do if the text is incomplete in a document?
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Refuse to notarize.
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An acknowledgment is worthless without_________________.
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The acknowledger's signature.
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Is it the notary's responsibility to scan the "contents" of the doc for completeness & gather information about it?
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Yes. One of the purposes of scanning the doc is for notation in the journal entry.
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What is the most important function of a notary?
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Identifying the signer.
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Having no doubts about a persons identity is called what?
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Positive Identification.
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Why does a credible identifying signer have to take an oath?
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Because you do not personally know the signer & the signer does not have reliable ID.
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What do you do when a state does not specify which type of ID is legal?
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You will rely "only" on government issued ID's that contain...
a photo a physical description the singers signature |
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Why is it necessary to see a photo and have a description of the person who is from a state that does not specify which type of ID is legal?
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That is your only means of identifying the signer.
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Do some states allow you to use non-drivers ID?
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yes, but not the state of Utah.
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Why do foreign citizens passports have to bear a "Visa stamp of the U.S. Citizenship & Immigration svcs"?
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To show that they entered the country legally. This protects you.
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Alian Registration Receipt Cards "aka" Green Cards can be accepted with what attached?
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Form I-151 and it's replacement form I-551.
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Is a credible identifying witness thought of as a 'human ID card"?
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Yes, a credible ID is thought of as a human ID card
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Should a credible ID witness be honest, aware and impartial?
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Yes, they can be honest and aware but if they are partial then you cannot accept them as a witness.
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Does the credible ID witness always have to take the oath.
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Yes, the credible ID witness always has to take the oath.
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If you do not have the signer sign his/her full name"exactly" as it appears on the ID can this cause a law suit down the line.
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Yes, if a singer signs as Michael Cloney instead of James Michael Cloney then this can cause legal problems.
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What if the signer signs wrong but the Notary made mention of it in his/her journal. Is that acceptable.
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No, it should be "signed" exactly as his/her ID reads.
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Is the best way to determine the signers "awareness" to ask them the Title of the doc and what the purpose of the doc is?
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Yes. If you are concerned that the signer appears unaware, you should ask need determining questions.
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If you are ever in doubt about a signers awareness and the person cannot communicate with you for whatever reason, what should you do.
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Do not proceed with the notarization.
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In notarizing any doc you must complete, sign & seal wording to indicate exactly what the notarization certified. What is this wording called?
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A notarial certificate.
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What are some of the notarial certificate names?
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Acknowledgments, jurats, copy certificates, other.
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Does each state require specific certificate wording?
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Most do, it should have the venue, appearance of all signers named in cert, correct spelling of names, method of ID and dates.
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Can a notary issue a certificate that he/she knows that info is false, deceptive, inaccurate or incomplete.
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No, it is the duty of the notary to be above reproach and never knowingly engage in such a practice.
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Can a notary ever backdate, forward date or allow an open ended certificate?
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No, this is illegal and you will be subject to misconduct and may be a class B misdemeanor.
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Can the date of signing be different from the notarization date for an acknowledgment.
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Yes. The date of signing may proceed the date of notarization for acknowledgment. A future date, however, is impossible.
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For the date of effectiveness on a document, is it ok for there to be a reference to a future date?
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Yes, it is acceptable for a doc to "refer" to a future date, in which case, the date may follow the certificate date.
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Is it acceptable for a document to "bear not date"?
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Yes. It is acceptable for a doc to bear no date. The notation "no date" should be entered into the Notary journal for the date of the document.
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What is the penalty of a class B misdemeanor for a notary public.
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conviction of a crime, revocation, suspension or restriction of your commission or other professional license.
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Can you make a photo or any other copy of a certificate of naturalization or to notarize it.
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No, you cannot notarize, or make a copy of a naturalization certificate.
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What are three of the most common mistakes that a notary makes?
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* Personal appearance of signer
* The identity of the signer * The date of the notarial act. |
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Every certificate completed by a notary contains what statement?
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* the signer signed or acknowledged signing "before me" or "in my presence".
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A third party witness must be ___________ in the transaction.
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Disinterested.
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