California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is employed by a private company and is asked by their supervisor to notarize a document for a company client. The document requires a jurat. The supervisor states that the client has already signed the document and that the Notary just needs to affix their seal and complete the certificate. What should the Notary Public do?
- AContact the client by phone to confirm their signature before proceeding with the notarization.
- BAdvise the supervisor that the Notary can sign on behalf of the client if authorized by company policy.
- CAffix the seal and complete the certificate as instructed, noting in the journal that the signer was not present.
- DRefuse to perform the notarization because the signer must be physically present and take an oath or affirmation.
Show answer & explanationAnswer & explanation
Correct answer: D. Refuse to perform the notarization because the signer must be physically present and take an oath or affirmation.
For a jurat, the signer must always be physically present before the Notary Public to take an oath or affirmation and sign the document (or acknowledge their signature if already signed in the Notary's presence). Notarizing a document without the signer's personal appearance is a serious violation.
Why the other options are wrong
- A. Phone confirmation is insufficient for personal appearance and administering an oath.
- B. A Notary cannot sign on behalf of a client; their role is to attest to the signer's act.
- C. Notarizing without personal appearance is a violation, and a journal note does not legitimize it.
Personal Appearance for Jurat
For a jurat, the signer must physically appear before the Notary Public to take an oath or affirmation regarding the truthfulness of the document's contents and to sign or acknowledge their signature in the Notary's presence.
- Signer must be physically present.
- Notary must administer an oath or affirmation.
- Signer must sign or acknowledge signature in Notary's presence.
Memory trick: Jurat means 'Just take an Oath, Right here, At the table'.