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Notary 101 > Office of the Notary Public > Flashcards

Office of the Notary Public Flashcards

1
Q

What is a Notary Public

A

A notary public is a public officer appointed and commissioned by the Governor whose function is to administer oaths; to take acknowledgments of deeds and other instruments; to attest to or certify photocopies of certain documents; and to perform other duties specified by law.

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2
Q

You can only be commissioned in your legal name (or a nickname of your legal name.)

A 
Ex: John Quinton Public
John Q. Public
J. Quinton Public
J. Q. Public
Johnny Public
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3
Q

Rules and Requirements to become a notary

A

You must be at least 18 years of age.

You must be a legal resident of Florida. There is no certain length of time required to establish residency. However, if the Governor’s Office requires proof of residency, the following methods, along with the applicant’s intent to reside in Florida, would be acceptable: a Florida driver’s license; a Florida vehicle registration document; a voter’s registration card; or a recorded Declaration of Domicile.

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4
Q

If you are not a US Citizen you must submit proof of:

A

A recorded Declaration of Domicile. This affidavit is available at your county clerk’s office.

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5
Q

If convicted of a felony

A

You must have your civil rights restored, before you can become a notary.

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6
Q

If you wish to restore your rights after being convicted of a felony:

A

You must submit:

A written statement regarding the nature and the circumstances of the charges.

A copy of the Judgment and Sentencing Order , or a comparable court document

As well as a Copy of the Certificate of Restoration of Civil Rights (or pardon)

This is required for all states within the US.

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7
Q

To obtain information regarding the restoration of rights you will contact:

A 
Office of Executive Clemency
2601 Blair Stone Road
Building C, Room 229
Tallahassee, FL 32399-2450
(850) 488-2952
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8
Q

Once you have submitted the necessary documents for restoration of civil rights

A

You must take the constitutional oath of office.

You must swear or affirm that you have read the notary laws and will obey them.

You must complete a three hour notary education course if you are a first time applicant. §668.50(b), Fla. Stat.

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9
Q

How long is a notary term?

A

4 years

Example: A commission which began on July 1, 1996 (12:01 a.m.) will end on June 30, 2000 (12:00 p.m.).

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10
Q

Notaries are public officers that are appointed and commissioned. You are not:

A

Licensed, you are appointed.

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11
Q

If you undergo a name change for your legal commissioned name:

A

You must request an amended commission by submitting the appropriate application form

A rider to the notary bond

And a fee of $25

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12
Q

Once you make an application for change of name:

A

You will continue using your commissioned name until you receive your new seal

You will receive a new commission number, but expiration date stays the same.

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13
Q

Will I receive a new commission number after changing my commissioned name?

A

Yes! You will receive a new commission number, but expiration date will remain the same.

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14
Q

What happens if I lose my commission certificate?

A

You may request a duplicate from the Department of State ,

Notary Commissions and Certifications section

Or from your bonding agency.

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15
Q

Application Process

  • No longer requires notarization
A 
Name
Social
DOB,
Sex
Place of Employment, Business Address
Home Phone
Business Phone, Drivers License Number or other state identification
Information about any previous notary commission 
Residency status 
Citizenship status 
Criminal record
Information about any professional licenses
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16
Q

Oath of office

A

The applicant must sign the following oath :

State of Florida __________ County

I do solemnly (swear) (affirm) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State of Florida; that I have read Chapter 117, Florida Statutes, and any amendments thereto, and know the duties, responsibilities, limitations, and powers of a notary public, and that I will honestly, diligently, and faithfully discharge the duties of Notary Public, State of Florida, on which I am now about the enter (, so help me God).

Under penalties of perjury, I declare that I have read the foregoing application and oath and that the facts stated in it are true.

I accept the office of Notary Public, State of Florida.

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17
Q

Affidavit of Character:

A

A person who is unrelated to the applicant and who has known the applicant for at least one year must give a sworn statement that the applicant is of good character.

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18
Q

Total state fees:

A

State fees are $39

$25 application fee
$10 commission fee
$4 education surcharge

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19
Q

Veterans who have served during wartime period defined in law and have a disability rating of 50% or more are exempt from what?

A

The $10 commission fee

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20
Q

A veteran who qualifies for the commission fee ($10) to be waived must submit what?

A

The reduction must be requested in writing, and proof of exemption must be provided.

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21
Q

Where is the notary seal sent?

A

Once appointment has been made, the certificate is mailed back to the bonding agency, who forwards it to the notary with the notary seal.

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22
Q

What’s the renewal process like?

A

The process is the exact same for renewal, as it is for appointment.

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23
Q

Does the state notify you in regards to your expiration date?

A

The state does not notify you of your expiration of your notary commission. However, you are likely to receive notification from your bonding agency and a number of other companies who may be seeking your business.

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24
Q

When should you submit an application for renewal?

A

Submit your application for renewal about two months in advance of your expiration date, or earlier if your application will require special review by the Governor’s Office.

That will be ensure there is no break in service

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25
Q

What should I do with my previous seal?

A

Continue using your current notary seal through the end of your current commission

If reappointed, you must not use your new seal until the first day of your new commission.

Destroy your previous seal to prevent misuse.

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26
Q

Change in Address

A

You must submit a change of address in writing to the Notary Commissions and Certifications Section.

You are required to keep your home and business address and telephone numbers updated.

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27
Q

If I move out of state, what happens to my notary commission?

A

If you move out of state and change your legal residence, you must resign your notary commission

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28
Q

How to submit change of address?

A

You may photocopy and use the form on page 71 of the Governors Reference Manual for Notaries.

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29
Q

What happens if I wish to resign?

A

When resigning your commission, you must submit a resignation in writing to the Governor’s Office, return your notary commission certificate (the original, not a copy), and destroy or return your notary seal.

30
Q

Where can you perform your official duties?

A

You may only perform your official duties within the geographical boundaries of Florida.

31
Q

Can I notarize anywhere in Florida?

A

Notaries are appointed with statewide jurisdiction; that is, you may perform your official duties anywhere within the state. You are not confined to the county in which you reside. You should always indicate in the notarial certificate the location of the notarization, usually designated by State of Florida, County of _____.

32
Q

Do other notaries from other states have the authority to notarize documents while in the State of Florida?

A

No

33
Q

Can I notarize while traveling on a plane or ship?

A

Check with the ship’s captain to make sure that you are within the state boundaries.

34
Q

Prior to appointment, applicants must obtain a surety bonding in the amount of ?

A

$7500

35
Q

Does the surety bond protect the notary?

A

The bond does not protect the notary. The bond is designed to protect the public against any act of misconduct or negligence in the performance of your official duties as a notary public. It does not protect you.

36
Q

Should I get Errors and Omissions Insurance?

A

For your own protection, yes.

37
Q

Who has to pay in the event of misconduct?

A

In fact, when a notary bond is paid to some individual who was harmed as a result of an improper notarization, the bonding company will usually demand repayment from the notary.

38
Q

The official notary seal is the rubber stamp type seal with four elements :

A

­- the words, “Notary Public-State of Florida”
­- the notary’s exact commissioned name
­- the notary’s commission number
­- the notary’s commission expiration date

39
Q

Does the name of the boding company have to be on the seal?

A

The name of the notary’s bonding company may be included on the seal but is not required.

40
Q

Does the state furnish seals?

A

The state does not furnish notary seals.

41
Q

Are symbols or emblems allow on my seal?

*Additionally, you may NOT use the Great Seal of the State of Florida on your notary seal.

A

Some companies that produce notary seals include a symbol or emblem on the stamp, such as the Capitol dome, a flag, an eagle, etc., but this is optional. No emblem or symbol is required.

Additionally, you may NOT use the Great Seal of the State of Florida on your notary seal.

42
Q

Where can I purchase a seal?

A

You may purchase a seal from your bonding company or from a company that makes rubber stamps.

43
Q

What color ink can I use?

A

You may sign notarial certificates with any color ink, but the notary seal must be affixed with black ink only.

44
Q

Can I use an impression seal (embosser) in addition to the rubber stamp seal?

A

You may use an impression seal (embosser) in addition to the rubber stamp seal, but not in place of it.

If you choose to use an impression seal, your name should be correct and the seal should contain the words, “Notary Public-State of Florida.”

45
Q

Before using your seal:

A

Examine the seal to ensure that all information is correct

46
Q

Where should you keep your seal?

A

In a secure location to avoid misuse

47
Q

What happens if my notary seal gets lost?

A

If your notary seal is lost, misplaced, or stolen, you are required to notify the Department of State (or the Governor’s Notary Section) in writing.

48
Q

What should you put in writing if Notary Seal gets lost?

A

You should include your :

Commission name
Commission number
Date of birth
And the last date the seal was in your possession.

Additionally, if your seal was stolen, you should file a report with your local law enforcement agency.

Please refer to Q & A section for instructions when an employer keeps your notary seal.

49
Q

What are notarial acts?

A 
Administering an oath
Taking an acknowledgment
Attesting to a photocopy
Verifying a VIN
Or certifying the contents of a safe-deposit box.
50
Q

How much can I charge for solemnizing marriage?

*Perform a marriage ceremony

A

Up to $20

51
Q

Fees are option

*Be reasonable when setting fees

A

Provide customer with an itemized list of charges beforehand.

52
Q

Are notary fees income?

A

Notary fees are considered income and should be reported when filing annual income taxes.

53
Q

What happened October 5, 1961

*International treaty known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents?

A

Representatives from a group of nations met at The Hague in Holland to discuss various issues pertaining to international law.

*Out of that meeting came an international treaty known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. More than 60 countries have joined the Convention, including the United States

54
Q

How many countries adhere to the International Treaty (Hague Convention)?

A

More than 60 countries, including the United States

55
Q

What happens to documents that are notarized and sent to another country ?

A

They require verification or legalization of the notary’s signature and official capacity prior to acceptance by the receiving country.

56
Q

How does the Hague Convention agreement simplify the verification process for other countries?

A

The Hague Convention agreement simplifies the process by allowing the attachment of a single verifying certificate called an Apostille (“note”).

The Apostille entitles the document to full recognition in the country of intended use, and no further authentication or legalization by the Embassy or Consulate of that country is required.

57
Q

Each country, or subdivision of that country, has a designated official who is responsible for authenticating notarized documents. Who is it?

*The treaty

A

In most states (47 out of 50), that authority is vested in the Secretary of State, or one or more of his or her deputies or assistants.

58
Q

How long has the Hague Treaty been in place in the United States

A

Since October 1981, the Florida Secretary of State has been responsible for providing Apostilles for documents notarized in Florida and sent to another country.

59
Q

Effective January 1, 1992

Section 117.103, Florida Statutes :provides:

A

Upon the receipt of a written request, the notarized document, and a fee of $10 payable to the Secretary of State, the Secretary of State shall provide a certificate of notarial authority. Documents destined for countries participating in an International Treaty called the Hague Convention require an Apostille, and that requirement shall be determined by the Secretary of State.

60
Q

When is a Certificate of Notarial Authority issued by the Secretary of State?

A

Documents being sent to another state or a country not participating in the Hague Convention may also require certification.

61
Q

Are notary publics responsible for requesting an Apostille or a Certificate of Notarial Authority ?

A

No

Rather, according to the treaty, the person who signed the document or the document bearer may request authentication of documents.

62
Q

In order to provide a Certificate of Notarial Authority, what is needed?

A

A written request for the Apostille or Certificate, stating the country or state to which the document will be sent.

The original notarized document. The notarization must fully comply with the requirements of Florida law, or the document will be returned for correction.

A check (drawn on an American bank) or a money order for $10 per certificate, made payable to the Secretary of State.

63
Q

Where does the request for a Certificate of Notarial Authority get mailed?

A

Mail the request, notarized document, and payment to:

Department of State
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314

The Secretary of State will also provide an Apostille or Certificate for the following Florida documents: birth certificates and death certificates bearing the original signature of the State Registrar; vehicle titles certified by the Department of Highway Safety and Motor Vehicles; corporation documents bearing the signature of the Secretary of State; and documents certified by any Clerk of the Court for any county in Florida (the fee for an Apostille on any county-certified document is $20).

64
Q

How soon will documents in good order be processed?

A

Documents in proper order with correct notarizations sent to the Department of State are usually processed within 10 working days and are returned by regular mail to the sender or forwarded to an address given by the sender.

65
Q

Department of State contact Information

A

(850) 245-6945.

66
Q

How much is the fee for an Apostille on any county-certified document?

A

$20

67
Q 
A Notary Public is a public officer appointed by:
 A. Secretary of State
 B. Commission of Education
 C. Governor
 D. Attorney General
A

C: Governor

68
Q 
A Notary Public's term of appointment is for how many years?
 A. 3
 B. 4
 C. 5
 D. 6
A

B: 4

69
Q 
A Notary Public is required to have a surety in bond in the amount of:
 A. $ 2500
 B. $ 5000
 C. $ 7500
 D. $ 8000
A

C: $7500

70
Q

A Notary Public may use an impression seal
(embosser) in addition to a rubber stamp seal, but not in place of it.
A. True
B. False

A

A: True

71
Q 
What is the maximum fee a notary may charge for administering an oath?
 A. $ 10
 B. $ 15
 C. $ 20
 D. $ 25
A

A: $10

72
Q

A Notary Public may only perform his or her
duties within the geographical boundaries of the state of Florida.
A. True
B. False

A

A: True

Notary 101 (9 decks)

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