California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is presented with a document for an acknowledgment. The signer has signed the document outside the Notary's presence and now wishes to acknowledge their signature. What is the Notary's correct procedure?
- AInstruct the signer to initial next to their existing signature to confirm it.
- BRequire the signer to re-sign the document in the Notary's presence.
- CVerify the signer's identity and then proceed with the acknowledgment, confirming the signature is theirs.
- DRefuse to notarize the document, as the signature was not made in the Notary's presence.
Show answer & explanationAnswer & explanation
Correct answer: C. Verify the signer's identity and then proceed with the acknowledgment, confirming the signature is theirs.
For an acknowledgment, the signer must personally appear before the Notary and acknowledge that they signed the document. The signature does not need to be made in the Notary's presence. The Notary must verify identity and confirm the signer's intent to acknowledge their signature.
Why the other options are wrong
- A. Initialing next to the signature is not a standard notarial procedure for acknowledging a signature.
- B. Re-signing is not required for an acknowledgment; this is more typical for a jurat.
- D. Refusal is incorrect for an acknowledgment, as the signature does not need to be witnessed by the Notary.
Acknowledgment Notarial Act
An acknowledgment is a notarial act where the signer personally appears before the Notary, is identified, and declares that they willingly signed the document.
- Signature does NOT need to be made in Notary's presence.
- Signer must personally appear.
- Signer must acknowledge signing the document as their free act.
Memory trick: A Notary's acts are like legal verbs: acknowledge, swear, witness.