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Notary > Exam > Flashcards

Exam Flashcards

(43 cards)

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1
Q

What are the 2 Types of Notaries in Ohio?

A

Traditional and Online

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2
Q

Traditional Notary

A

-Meets face to face, Notarizes electronic or paper documents

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3
Q

Online Notary

A

Meets on the webcam, Notarizes electronic documents only

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4
Q

4 Actions of a Traditional Notary

A
  1. Acknowledgments 2. Jurats 3. Oaths or Affirmations 4. Taking and certifying depositions
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5
Q

Qualifications

A

-18 yrs old
-Legal resident, or attorney admitted to practice law in Ohio
-No official misconduct or incapacity
-Education requirement
-Pass the exam

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6
Q

Term and Jurisdiction

A

-5 year term
-Statewide jurisdiction

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7
Q

Roles

A

-Serve the public for all reasonable requests
-Impartial, third-party witness

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8
Q

Rules

A

-Employer may limit services
-May NOT limit on basis on race, sex, gender, age, etc.

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9
Q

Conflict of Interest

A

-May not notarize if you are a party to the document or you benefit from the transaction
-One exception: Attorneys may notarize for their clients
-Employees may notarize for their employers as long as they do not receive benefits from the transaction
-Use caution with family. If the Notary benefits, they may not notarize

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10
Q

Renewal

A

-Renew every 5 years
-Renew no more than 3 months prior to expiration
-Submit the same application you did the first time

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11
Q

5 Steps of Notarization

A
  1. Personal Appearance
  2. Check the document
  3. Verify the Facts
  4. Record the Notarization
  5. Complete the certificate
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12
Q
  1. Personal Appearance
A

ALWAYS Face to Face

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13
Q
  1. Check the Document
A

Check for 3 elements:

*Completeness
—-The Notary cannot suggest how to fill in blanks
—-Refer the signer to the appropriate agency

*Original Signature
—-Document can be faxed or copied but not the signature

*Certificate Wording
—-This will tell you the type of Notary act required. No certificate? Ask the signer or the document’s issuing or receiving agency- you must be instructed by the signer, then attach the appropriate preprinted certificate form.

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14
Q
  1. Verify the Facts
A

*Identify the signer
—-Personal knowledge or, satisfactory evidence

*Personal Knowledge
—-Interactions over a sufficient period of time
-Reasonable certainty

*Satisfactory Evidence
—-Acceptable ID
-Sworn statement of one credible witness

*ID Requirements
—-Should be current
—-Serial or identifying number

*Acceptable ID
—-Ohio Driver’s License or ID card
—-Other State’s Driver’s License or ID card
—-Mexican or Canadian Driver’s License
—-U.S Passport
—-Foreign Passport stamped by USCIS
—-USCIS ID Card
—-US military card

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15
Q
  1. Step 3 Continued
A

*Sworn Statement
-Notary must know Credible Witness, or Must be able to ID Credible Witness
-Credible Witness must know signer
-Witness must take an oath
—-Signer is person named in document
—-Witness knows signer
—-Signer does not have ID and cannot obtain one
—-Witness has no interest in the document
-Everything else about the notarization is the same

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16
Q

Verify the Facts

A

*Screen for willingness and awareness
—-Signer must understand nature of the document
—-Signer must understand effect of the document
—-Signer is signing of their own accord
*Communicate in a common language
—-Don’t rely on third party

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17
Q

Perform the act

A

-Acknowledgment
-Jurat
-Oath or Affirmation

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18
Q
  1. Record the Notarization
Study These Flashcards
A

*Record the Notarization
—-Each notarization needs a separate entry
—-Credible witness gets separate entry

*NNA Recommends
—-Date and Time
—-Type of Notarization
—-Type of Document
—-Date of Document
—-Name and Address of Signer
—-Type of ID
—-Fee
—-Signature of signer

*NNA recommends you keep your journals for 10 years

19
Q
  1. Complete the Certificate
Study These Flashcards
A
  • In Ohio, certificates must contain:
    1. Wording of acknowledgment or jurat
    2. Signed by the Notary
    3. Dated by the Notary
    4. Venue
    5. Notary’s printed name
    6. Commission expiration date
    7. Seal
  • Certificate can be pre-printed on document or attached with a separate piece of paper
    —-use pre-printed wording when possible
  • Signer must select the type of certificate
20
Q

Seal Components

Study These Flashcards
A

-Your name
-Notary Public-State of Ohio
-Coat of Arms of Ohio (3/4 in-1 in)
-Additional information is allowed

*Immediately notify SOS of lost seal

21
Q

Acknowledgments

Study These Flashcards
A
  • Signer personally appeared
  • Signer was identified
  • Signer acknowledges signature (Not necessary to witness signature)
  • Two types of Acknowledgment certificates:

—-Individuals
—-Representative signers

22
Q

Oaths or Affirmations

Study These Flashcards
A
  • Oath: Pledge to a supreme being
  • Affirmation: Pledge on one’s personal honor
  • Personal appearance required

—Two ways:
—–Oath-taker reads
—–You read and oath-taker answers

23
Q

Jurat

Study These Flashcards
A
  • Signer personally appeared
  • Signer was identified
  • You witnessed the signature
  • Signer takes an oath
    —Truthfulness of the written statement
    —Identity of the signer
    —Contents of the document are true
24
Q

Witnessing or attesting signatures

Study These Flashcards
A
  • Signer must appear before you
  • Signer signs in your presence

*Establishes date a document was signed

  • Like an acknowledgment except you must witness signature
25
Deposition
* Spoken testimony transcribed into a written document * Notaries unskilled in this process should work under an attorney, paralegal, etc.
26
Special Circumstances
* Signature by Mark * Signature by Designated Alternative Signer * Notarizing and acting as a Witness * Blind Signers * Foreign Language Documents * Wills * Authentication
27
Signature by Mark
* When the signer is unable to sign, they may make a mark * Still proceed with the 5 steps *Before the signer makes their mark, print their first name at the beginning of signature line and their last name at the end of signature line * Two impartial witnesses must observe the signer making their mark *These witnesses must sign the document and print their names and addresses * Below the signature line, the witness must write "His/Her Mark"
28
Signature by Designated Alternative Signer
* Signer and proxy must be in your presence * Must identify both * Proxy must not be named in the document * Must insert "signature affixed by (name of proxy) at the direction of (signer)"
29
Notarizing and acting as a witness
* Can notarize and witness same document as long as the witness's signature does not need to be notarized
30
Notarizing for a blind signer
* Document must be read aloud to signer before notarizing the document
31
Foreign language documents or signers
* You can notarize foreign language documents as long as the certificate is in English * The document must be in a language the signer understands * if they don't understand the document, you must provide a written translation or translator
32
Wills
*You may notarize a self-proving affidavit for a will * The signer must appear before you * The signer must be known to you or provide acceptable ID * The will must have pre-printed certificate wording or the signer must direct you as to which certificate to use * Two witnesses must be present . You cannot be one of the witnesses.
33
Authentication
* If headed to another state, use regular certificate * If headed to a country which has signed the Hague Convention Treaty on Authentication, use an Apostille * If headed to a country which has not signed, a series of certificates are needed. * Signer must submit a written request and $5 to SOS * Refer signer to SOS website for more information
34
Change of Information
* Change of Name ---Must change within 30 days ---$2 fee online * Change of Address ---Must change address within 30 days ---No fee ---Form is found online * Resign ---Notify SOS and destroy your seal
35
Maximum Fee
* $5 per Notary Act * Do not charge witnesses * Additional fees may be charged for travel, postage, copying
36
Advertising
* Foreign language advertisements must have a statement that says "I am not an attorney licensed to practice law in the state of Ohio, and I may not give legal advice or accept fees for legal advice." * Statement must be in both English and the foreign language * Must not use the term "Notario Publico."
37
4 Categories of Misconduct
*Law *Regulation * Official Directive *Expected Standard of Care (A notary's commission may be suspended or revoked, and they may face criminal/civic penalties.)
38
Unauthorized Practice of Law
* Advertisements must be clear that the Notary is not an attorney *NEVER give advice * NEVER choose or recommend the certificate * DO NOT draft or prepare documents for clients * DO NOT select forms or documents * DO NOT correct errors or tells signers how to correct them * DO NOT explain forms or documents
39
Laws prohibit
* Notarizing a document without properly identifying the signer * using the term "Notario Publico" * Signing notary certificates with name other than your Notary name * Using a signature stamp to sign notary certificates (Unless authorized) * Signing a blank certificate and giving it to a signer * Taking an acknowledgment of a person you know to be incapacitated * Performing an acknowledgment of execution instead of an oath when an oath is required * Notarizing when the signer appears to be incapable of understanding the force and effect of the document * Notarizing when you have a conflict of interest * Certify that a document is either an original document or a true copy * Changing anything in a document after it has been signed * Notarizing a blank or incomplete document * Notarizing your own signature * Notarizing a signature of a signer who appears to have been coerced * Determining the validity of a power of attorney or other representative capacity
40
Process of Complaints
* Must be in writing * In person or by mail to SOS * Must include: ---name of Notary ---Notary Commission Number ---Reason for Complaint ---Copy of Document in Question ---Contact information of Complainant (Complain may be dismissed, or SOS may take action or refer it to State Attorney)
41
Employer's Liability
* If the Notary error happens at work, both Notary and Employee are liable * If the Notary error happens outside of work, only the Notary is liable
42
Two ways to protect yourself
* Follow the law * E&O Insurance
43
Reasonable Care
* When state laws are clear, follow them * When laws are not clear, use common sense

Notary (1 decks)

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