California Notary Public ExamJuratsMedium
A Notary Public is presented with a document for a jurat, and the signer has already signed the document. The signer appears before the Notary, is properly identified, and is willing to take an oath. What is the Notary's next step regarding the signature?
- AProceed with administering the oath, as the signature is already on the document.
- BHave the signer initial next to the pre-existing signature to confirm it.
- CAsk the signer to re-sign the document in the Notary's presence.
- DRefuse the notarization because the signature was not made in the Notary's presence.
Show answer & explanationAnswer & explanation
Correct answer: C. Ask the signer to re-sign the document in the Notary's presence.
For a jurat, the signer must sign the document in the Notary's presence. If the document is already signed, the Notary must require the signer to sign it again in their presence, or re-sign if space allows, or produce a new document to be signed properly.
Why the other options are wrong
- A. Administering the oath without witnessing the signature is a violation for a jurat.
- B. Initialing next to a pre-existing signature does not constitute signing in the Notary's presence.
- D. Refusing the notarization is unnecessary; the signer can simply re-sign the document.
Jurat Signature Requirement
For a jurat, the signer MUST sign the document in the Notary Public's physical presence. This ensures the Notary witnesses the act of signing.
- Signature must occur before the Notary.
- If already signed, signer must re-sign or sign a new document.
- Distinguishes jurats from acknowledgments regarding signature timing.
Memory trick: Jurat: Sign, See, Swear, Seal.