FL notary Questions and Answers with Verified Solutions

FL notary Questions and Answers with Verified Solutions 4 things on the notary seal stamp ✔✔the words "notary public-state of Florida"; notary's exact commissioned name; the notary's commission number; the notary's co ...

FL notary Questions and Answers with Verified Solutions 4 things on the notary seal stamp ✔✔the words "notary public-state of Florida"; notary's exact commissioned name; the notary's commission number; the notary's commission expiration date. a notary public is a public officer appointed by ✔✔the governor a notary public's term of appointment is for how many years? ✔✔4 A notary public is required to have a surety in bond in the amount of ✔✔$7500 (T/F) A notary public may use an impression seal (embosser) in addition to a rubber stamp seal, but not in place of it ✔✔True what is the maximum fee a notary may charge for administering an oath? ✔✔$10 A notary public may only perform his or her duties within the geographical boundaries of the state of Florida. ✔✔True Six basic duties for a notary ✔✔Administer oaths or affirmations - take acknowledgements - attest to photocopies of certain documents - solemnize marriage - verify vehicle identification numbers (VINs) - certify the contents of a safe-deposit box. two official notarial acts ✔✔Take an acknowledgment from or administer an oath (or affirmation) to the document signer To take an acknowledgment ✔✔document signer must personally appear before you, the notary public, and declare that they have signed the document voluntarily. If they don't seem to understand it, refuse to notarize it and suggest they contact a lawyer what the phrase for taking an acknowledgement? ✔✔Do you acknowledge that this is your signature and that you are executing this document of your own free will? An oath/affirmation ✔✔when the signer is required to make a sworn statement about certain facts. What's the phrase for an oath/affirmation? ✔✔do you swear (or affirm) that the information contained in this document is true? Can I advice which one to use? ✔✔No. There either needs to be something on the doc that tells you which one, or the signer needs to know. affidavit ✔✔a sworn written statement deposition ✔✔the testimony of a witness, under oat or affirmation, taken outside of court in which lawyers ask oral questions of the witness. can you do a deposition over the phone? ✔✔no. the lawyer can be over the phone but the notary has to be in the same physical location as the witness. rules for attesting to the validity of a photocopy ✔✔the document must be an original document. A notary public cannot make an attested photocopy from another photocopy, or from another certified copy - the document cannot be a public record, certified copies of where are available from another public official. If a certified copy can be obtained from the official source, then the notary publish should decline the request - the making of the photocopy must be supervised by the notary public. It is not sufficient for the notary public to compare the photocopy with the original document. The notary public must actually make the photocopy or supervise another person while they make the photocopy. things that CANNOT be photocopied by a notary ✔✔birth certificate - marriage certificate - death certificate - cert. of citizenship or naturalization - documents filed in a court proceeding - documents recorded by the Clerk of the court - public records maintained in government offices - student records kept in public education offices - federal or state income tax forms, already filed - professional licenses issued by the state of FL - any doc for which photocopying is prohibited. things that CAN be photocopied by a notary ✔✔FL DL - FL vehicle title - SS card - diploma - medical record - us passport - bill of sale - contract - lease - resident alien card - personal letter verifying VIN ✔✔notary certify that they have physically inspected the vehicle and found the VIN to be identical to the form. certifying the contents of safe-deposit box ✔✔notary present for the opening of an unpaid safety deposit box to inventory the content. (not required to estimate worth) when may the notary NOT notarize a doc? ✔✔if the person is not present - the document is incomplete - the notary knows the signer the doc has been adjudicated mentally incapacitated - signer is immediate family - the notary has a finical interest can you notarize photos? ✔✔No. If the signer wishes to sign it and state something about the photo, you can notarize THAT, but not the contents of the photo itself A Notary Public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary at the time the signature is notarized. ✔✔true A Notary Public may notarize the signature of their spouse ✔✔False A Notary Public may notarize a document that is incomplete. ✔✔False A Notary Public may not give legal advice unless the notary public is a licensed attorney. ✔✔true A Notary Public may use a name or initial in signing certificates other than that by which the notary public is commissioned. ✔✔false A Notary Public may not change anything in a written statement after it has been signed by anyone. ✔✔true although the government agency pays for the commission, it is the employee who is appointed Notary Public, not the agency ✔✔true a government agency is liable for notarial acts performed by the employee-notary outside his or her normal employment responsibilities ✔✔false Certain law enforcement officers or correctional officers may act as notaries in some instances. They are only authorized to: ✔✔administer oaths these law officers do not have to apply for appointment, obtain the required notary bond, use a notary seal, or complete notarial certficates ✔✔true fl law authorizes certain military officers to administer oaths or take acknowledgements of other military personnel and their spouses ✔✔true the military officer is bound by geographical boundaries ✔✔false Notarizing steps ✔✔1. Examine the doc. 2. Check the notarial certificate 3. identify the person 4. assure that the signer understand the document 5. administer the oath or take acknowledgement 6. complete the jurat or certificate notarial certs. for an other/acknowledgment has 9 elements ✔✔venue - type of notarial act - that the signer personally appeared before the notary - actual date of notarization - name of person whose signature is being notarized - form of identification - signature of notary - name of notary printed/typed/stamped below signature - notary seal acceptable identification when notarizing ✔✔Personally known - satisfactory evidence - sworn written statement of a credible witness that knows the notary - a written statement of two credible witnesses - a DL - passport - foreign passport if the doc is stamped by us immigration - out of state DL - military ID - inmate identification card (after Jan 1, 1991) - a sworn, written statement from a sworn law enforcer - a US Immigration ID card it is not necessary for the notary to read every word, but they should have a good idea of the doc ✔✔true if a doc does not have a notarial certificate, the signer must tell you which notarial act the document requires ✔✔true how many basic elements required by law are contained in an oath? ✔✔9 you may amend a doc after you have completed the notarization ✔✔no If someone does not have the proper identification you may take a sworn written statement of credible witness or two ✔✔true when determining if a document signer is mentally comprehend and willing to execute the doc you may want to ask the signer questions unrelated to the notarization ✔✔true when notarizing for a person who is blind, you are not required to read the document to the doc signer ✔✔false when notarizing for a non-English speaker, the doc must be translated into a language that the signer understands ✔✔true When notarizing for a person who is signing a document written in a foreign language not understood by the notary, the notarial certificate must be completed in English ✔✔true when notarizing for a person with a Power of Attorney it is the Notary's responsibility to ensure the doc signer has power of attorney ✔✔false although as a notary you are bonded, you may still be held liable ✔✔true fl notaries are authorized by law to keep a journal of notary acts ✔✔false when using a journal, it is a good idea to complete the journal before the notarization ✔✔true whose responsibility is it to investigate allegations of misconduct against a notary public ✔✔governor's office the majority of complaints ~75% have to do with the presence law ✔✔true if a complaint allegation involves a criminal violation, the complain is referred to the appropriate state Attorney's office for investigation ✔✔true