Notary Questions and Answers Already Passed

Notary Questions and Answers Already Passed Notary Public ✔✔an officer whose duty is to attest to genuineness in order to render same as evidence of facts; public officer; official acts receive credence in own country ...

Notary Questions and Answers Already Passed Notary Public ✔✔an officer whose duty is to attest to genuineness in order to render same as evidence of facts; public officer; official acts receive credence in own country and others where instruments used as evidence; at times officer of court Notary requirements ✔✔citizen or resident alien of state, 18 or over, resident of county in which appointed, right to vote (elector) Appointment ✔✔Governor may appoint and commission as many persons as he considers necessary who are 18+ citizens of the state Citizen ✔✔elector qualified to vote at every election at place of residence Term ✔✔five years (attorney's Notary lasts residency of state) Renewal ✔✔application should be made 30 days prior to or post expiration; must bring white notary card - NO NOTARIZING POST EXPIRATION, after expired 30 days must reapply and test Seal ✔✔1" diameter, includes coast of arms w/ "Notary Public", "Notarial Seal" - words to that effect, and State of Ohio. Notary name printed, typed or stamped near signature on each document. Power; Jurisdiction ✔✔Throughout State, administer oaths, certify depositions, acknowledgements of deed and other instruments, make/record notarial protests and compel attendance of witnesses Fees ✔✔acknowledgements, swearing witnesses, taking/certifying proof on an account and issuing subpoenas = $2.00; swearing person on affidavit = $1.50; taking/swearing depositions = UCC (usual customary charges); plus reasonable charge for time/travel above and beyond customary Post Expiration ✔✔Knowingly acting post expiration $500 fine, ban for life; the official act post-expiration still valid Excess Fees/Dishonest/Unfaithful Discharge ✔✔Notary charging/receiving for an act or service done or rendered by him a fee greater than the amount prescribed by law Or who dishonestly or unfaithfully discharges duties as notary public shall be removed by common pleas court in which they reside upon complaint filed & substantiated by the court and court shall certify such removal to the governor removal for certifying affidavit without administering oath ✔✔removal and ineligibility for three years Fee for Commission ✔✔$5; lawyer $10 Penalties ✔✔$500 post expiration Section 147.10 & not more than $100 & imprisoned for not more than 30 days for certification of affidavit without administering oath Section 147.14 Qualifications ✔✔18 years of age or older Citizen of Ohio Registered voter in county in which he/she is appointed Certified good moral character by Common Pleas judge, Court of Appeals or Supreme Court Steps to Obtain Commission ✔✔1) Apply & obtain Notary book 2) Take & pass exam 3) Complete & present Application for Appointment to Geauga County Common Pleas judge for signature 4) Mail completed & signed Application for Appointment to Notary Commission Clerk 5) Commission issued upon completion of requirements 6) MANDATORY presentation of Commission upon receipt to Clerk of Courts for recording prior to any use 7) Obtain Notarial Seal (w/in 1" dia, coat of arms, says Notary Public/State of Ohio - ink or embossing) Depositions ✔✔Notary must not be related to either party of have any interest in litigation; duty of notary to subpoena witness to be examined; subpoena served by sheriff, coroner, constable, proof of service made by affidavit of agent; no Sunday service Deposit Fees ✔✔swearing witness $1.00; subpoena 50¢; certifying depositions 25¢ per 100 words; also tax the costs of sheriff or other serving officer Subpoena Duces Tecum ✔✔subpoenas attendance and tangible documents be brought contempt ✔✔refusal to be sworn, refusal to attend, refusal subscribe, refusal to obey duces tecum (subpoena for the production of evidence) - notary vested by statute with powers to impose fines or commit to jail a position found guilty; said powers should be reserved for situations with great exigency where immediate enforcement required affidavit ✔✔an affidavit is a voluntarily statement reduced to writing, signed by affiant, sworn to before some officer authorized by law to administer oaths and by him properly attested. Notary should not prepare said document. Affirmation ✔✔When religious scruples prevent swearing or taking oath, affirmation may be taken by Notary in lieu of oath Oath ✔✔Notary should request person stand, raise right hand and ask - "Do you solemnly swear that the statements in the affidavits are true, so help you God?" Suggested form of oath ✔✔STATE OF OHIO } COUNTY OF.....................} ss: The undersigned having been duly sworn says that all statements contained in the foregoing affidavit are true, so help me God. Subscribed and sworn to before me this ______ day of _______, _____, By _______________________ ________________ (SEAL) Name Printed/Stamp Notary Public (PRINT OR STAMP NAME) My commission expires ___________ affirmation ✔✔a form of an affidavit in a voluntary statement reduced to writing, signed by the affiant and affirmed to be true before some officer authorized by law to administer oaths and affirmations, and by him properly attested; used only for those who will not swear to God for personal reasons; may be expressed in first or third person. May also given orally by one who is about to testify in any proceeding. solemnity ✔✔formality - the act to validate the statement; Notary should ask affiant signing statement: "Do you solemnly affirm that the statements in the affidavit are true under penalty of the law of perjury?" acknowledgement ✔✔A party to an instrument cannot act as a notary public in taking an acknowledgement to the instrument; notary public may take an acknowledgement and witness same instrument. Certificate of acknowledgement is insufficient unless notary states character in body of certificate or after his signature. notarial acts ✔✔acts which the laws and regulations of this state authorize notaries public of this state to perform; administration of oaths, affirmations, taking proof of execution, acknowledgement of instruments and attesting documents Damages ✔✔Notary public is liable for damages to persons proximately resulting from an incorrect certification he makes absent satisfactory evidence therein required Taking an acknowledgement ✔✔Acknowledgement taker must certify: - person acknowledging appeared before him and acknowledged he executed the instrument; - person acknowledging was known to the person taking the acknowledgement of had satisfactory evidence to same; - after ascertaining party before him is party signing/signed instrument, ask the following question (without necessity of raising right hand): "Do you acknowledge this to be your signature on the instrument before you and that it is your own free act and deed?" - answer must be "I do" or equivalent authentication ✔✔when document notarized will be used outside of the State, authentication usually required; it is a declaration (certificate) by the Clerk of the Common Pleas Court that states notary is properly commission and is attached to and forwarded with the notarized form party ✔✔a party to an instrument cannot act as a notary public in taking an acknowledgement to the instrument chattel mortgage ✔✔mortgage on movable property nugatory ✔✔a deed, mortgage or note signed by both spouses but acknowledged by one spouse only and recorded is considered nugatory to non-acknowledging spouse and therefore powers conveyed as if only signed by the acknowledging spouse instruments requiring acknowledgement ✔✔deed, mortgage, lease (term greater than 3 years) bill of sale ✔✔instrument whereby seller transfers title, must be signed but need not be witnessed/acknowledged; its is like a contract for sale of lands -need not be recorded and recorder will not accept same for record protest ✔✔A notarial protest is solemn declaration under the hand and seal of a Notary Public stating that he, at a certain time, presented the bill or note for payment or acceptance, that it was refused and that the notice of the dishonor was given to the Drawers and Endorsers. Its purpose is merely to furnish formal evidence of the dishonor of a bill or note by showing that all the necessary requisites have been complied with to hold the Drawers and Endorsers liable on the instrument. It is received in court as prima facie (accepted as correct until proven otherwise) evidence of the facts state therein. liability of notary ✔✔is notary is to be held negligent, it must be on the grounds of negligence, malice or corruption: (1) law does not permit an officer to take the acknowledgement of a stranger without satisfactory proof of his identity; (2) never accept acknowledgement over the phone; (3) notary commission is not license to practice law; (4) unlawful for notary to prepare or draft for others any legal papers, documents or instruments, including: wills, deeds, notes, real estate mortgages, chattel mortgages, contracts, options, leases, escrow instructions, releases, affidavits for mechanic's liens bulk sales affidavits of any nature, bills of sale, powers of attorney or pleadings in court. NOR advise another how to prepare, draft or advise on matters of litigation jurisdictions ✔✔within State of Ohio duties ✔✔- administer oaths and acknowledgements - certify acknowledgements - take and certify depositions and other instruments in writing - issue subpeonas in the taking of depositions - to receive, make and record notarial protests excess fees ✔✔subject to removal from office and ineligible for reappointment certification of affidavit ✔✔failure to administer oath or affirmation - punishable by $100 fine and/or imprisonment, not eligible for reappointment for three years expiration ✔✔do not perform any act as notary after term of office has expired - penalty - up to $500 and illegible for reappointment, also guilty of misdemeanor and subject to fine of not more than $500 punishment for contempt ✔✔do not exercise power for punishment for contempt unless immediate enforcement commanded and under advice of counsel present, may subject yourself to damages for false imprisionment "X" ✔✔do not take acknowledgement of person signing by "X" unless you saw him make same and the mark is properly witnessed blanks ✔✔do not take the acknowledgement of any instrument wherein blanks are left to be filled in later preparation/counsel ✔✔do not prepare legal instrument or pleading and do not advise or counsel anyone on how to prepare family members ✔✔a notary may notarize affidavit for a member of his or her family as long as he or she does not have an interest in the contents of the affidavit