California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is performing a jurat. After administering the oath to the signer, the Notary realizes they forgot to have the signer sign the document in their presence. The signer has already left the premises. What is the Notary's appropriate action?
- AContact the signer and arrange for them to return to sign the document in the Notary's presence.
- BRefuse to complete the jurat and advise the signer to find another Notary.
- CComplete the jurat certificate, noting in the journal that the signature was not witnessed.
- DComplete the jurat certificate and mail it to the signer, assuming the oath was correctly administered.
Show answer & explanationAnswer & explanation
Correct answer: A. Contact the signer and arrange for them to return to sign the document in the Notary's presence.
For a jurat, the signer must sign the document in the Notary's presence, and the Notary must administer an oath or affirmation. If the signature was not witnessed, the notarization is incomplete and invalid. The Notary must arrange for the signer to return to complete the process properly.
Why the other options are wrong
- B. While the notarization cannot be completed as is, advising them to find another Notary without attempting to correct the error is not the primary appropriate action if correction is possible.
- C. Completing an invalid jurat is a serious violation, even with a journal note.
- D. Mailing an incomplete jurat is improper and invalidates the act.
Jurat Signature Requirement
For a jurat, the signer must personally appear before the Notary, take an oath or affirmation, and sign the document in the Notary's presence.
- Signature in Notary's presence is mandatory for jurats.
- Oath/affirmation must be administered.
- Absence of either renders the jurat invalid.
- Notary must ensure all steps are completed correctly.
Memory trick: For a jurat's true seal, both 'sign and swear' must be real.