Mary is a notary public; her husband Fred needs to have his signature notarized on a document form his work. May she notarize the document?-No, she may never notarize for any relative.-Yes, because she may only notarize for those in his/she immediate family.-Yes, unless doing so would provide her with direct financial or beneficial interest to her and she should take care if the document is community property.-No, because she may only notarize for those in her in-law's family. - ANSYes, unless doing so would provide with her direct financial or beneficial interest to her and she should take care if the document is community property.Bill brings a document to be acknowledged before a Notary Public. The Notary Public certifies on the Acknowledgment form to all of the following. Which one is incorrect?-That the signer personally appeared before the notary public -"Subscribed and sworn to (or affirmed) before me" -To the date indicated, the county indicated and to the identity of the signer -That the Bill acknowledged executing the document to the Notary. - ANS"Subscribed and sworn to (or affirmed) before me" Sam went to Ned, a notary public, with a renter's agreement to be notarized.The document Sam brought stated in the notarial wording, "Subscribed and sworn to..." In Ned's notary journal, Ned should record the notarial act as what?-Signature by Mark -Acknowledgment -Jurat -Proof of Execution by a Subscribing Witness - ANSJurat Mr.Jones bring a document to Mary a notary public to be notarized. Mary will mark in her journal that it was a Jurat. What identifying wording did she rely on?-"Do you swear or affirm that the statements in this document are true?" -"Subscribed and sworn to (or affirmed) before me" -Acknowledgment -"personally appeared" - ANS"Subscribed and sworn to (or affirmed) before me" Since there is no prescribed wording for an oath, what would be an acceptable oath?-"I cross my heart and hope to die." -"Do you swear or affirm that the statements in this document are true?" -"I double dog dare you." -None of the these - ANS"Do you swear or affirm that the statements in this document are true?" 1 / 3
When completing a Jurat the notary public certifies that the signer did all of the following except?-That the signer personally appeared before the notary public.-That on the date indicated and in the county indicated, that the signer signed the document in the presence of the notary public.-That the signer acknowledged executing the document.-That the notary public administered the oath or affirmation and to the identity of the signer. - ANSThat the signer acknowledged executing the document.Jim went alone to his longtime friend Ned, a notary public of State of California, to have his Grant Deed for his and his wife's property in Guam notarized. Jim's only photo identification was issued six years ago and had expired.
Ned was unable to complete the notarization because:
-The Grant Deed was to be recorded outside of the State of California -Jim's only form of identification was issued over five years ago and had expired -Jim and Ned were longtime friends -The Grant Deed also included Jim's wife's name - ANSJim's only form of identification was issued over five years ago and had expired All of the following are a basis for the use of a "Proof of Execution by a Subscribing Witness" except?
- If a person, called the principal, has signed a document, but cannot
- Another individual can appear on that principal's behalf to prove the
- When the signer of an instrument cannot write (sign) his or her name, that
- Both A & B - ANSWhen the signer of an instrument cannot write (sign)
personally appear before a notary public.
execution by the principal. That person is called a subscribing witness.
person may sign the document by mark.
his or her name, that person may sign the document by mark.When would a notary public notarize a document using a Signature by Mark?-When Mark is declaring that this is his signature.-When the Subscribing Witness is able to say, under oath, that he or she either saw the principal sign the document or heard the principal acknowledge that he or she signed the document.-When a person, called the principal, has signed a document, but cannot personally appear before a notary public.-When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. - ANSWhen the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark.What four names would appear on a "Proof of Execution by a Subscribing Witness?" i) The Principal, the one who signed the document to be notarized. ii) 2 / 3
The Subscribing Witness. iii) The Credible Witness. iv) The name of the person swearing/affirming and signing the document. v) The Notary Public. Which of the following is correct?-i, ii, iii, iv -ii, iii, iv, v -iii, iv, v, ii -i, ii, iii, v - ANSi, ii, iii, v What is the keywording of an Acknowledgment?-"Subscribed and sworn to (or affirmed) before me" -Acknowledgment -"personally appeared" -"Do you swear or affirm that the statements in this document are true?" - ANS"personally appeared" What suggested wording could the notary use when certifying a copy of a Power of Attorney?The notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary p When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark.I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney.All of the above. - ANSI examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney.Which one of the following is not an act that constitutes the unlawful practice of law?-Preparation and drafting of any kind of legal document.-Completing a certificate of Acknowledgment.-Giving advice with relation to any legal documents or matters.-Selection or determination of any kind of legal document. - ANSCompleting a certificate of Acknowledgment.Linda, a close friend of Mary, a notary public, brings in a document to be notarized that is incomplete. What should Mary do?-Make copies and enter into his/her notary public journal.-Refuse to notarize the document.-The notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar.-None of the above - ANSRefuse to notarize the document
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