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Notary Final Set; Questions & Answers (Latest Update)

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  • 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 ...

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  • August 26, 2024
  • 42
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Notary public
  • Notary public
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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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