A Notary Public is presented with a document for a jurat. The signer has already signed the document, but the Notary was not present to witness the signing. What is the Notary's proper course of action for this jurat?
- AConvert the jurat request to an acknowledgment, as the signature is already present.
- BAdminister the oath, then have the signer re-sign the document in the Notary's presence.
- CAdminister the oath, and then simply attach the jurat certificate to the already signed document.
- DRefuse the notarization, as the signature was not made in the Notary's presence for a jurat.
Show answer & explanationAnswer & explanation
Correct answer: B. Administer the oath, then have the signer re-sign the document in the Notary's presence.
For a jurat, the signer must sign the document in the Notary's presence OR acknowledge their signature in the Notary's presence AND take an oath or affirmation. If the signer pre-signed, the Notary must administer the oath/affirmation and then have the signer re-sign the document in the Notary's presence to fulfill the jurat requirements.
Why the other options are wrong
- A. A Notary cannot unilaterally change the type of notarial act requested. The document calls for a jurat, and the Notary must perform a jurat or refuse.
- C. Simply attaching the certificate is insufficient for a jurat, as the Notary must witness the signature or receive an acknowledgment under oath.
- D. Refusal is not necessary. The Notary can complete the jurat by having the signer re-sign in their presence after the oath, or acknowledge the existing signature under oath.
Jurat Notarial Act
A jurat is a notarial act where the signer personally appears before the Notary, is identified, signs the document in the Notary's presence (or acknowledges their signature under oath), and takes an oath or affirmation as to the truthfulness of the document's contents.
- Signer must sign IN Notary's presence OR acknowledge under oath.
- Notary administers an oath or affirmation.
- Focus is on the truthfulness of the document's contents.
Memory trick: For a jurat, swear then sign, or swear and affirm it's fine.