California Notary Public ExamJuratsMedium
A Notary Public is presented with a document requiring a jurat. The signer has properly identified themselves and taken the oath. The Notary observes that the document contains several blank spaces that are not initialed or marked as 'N/A'. What should the Notary do next?
- AFill in the blank spaces with 'N/A' on behalf of the signer to complete the document.
- BAdvise the signer that the blanks must be filled in or marked to prevent fraud, then proceed with the jurat.
- CRefuse to notarize the document because it is incomplete and could facilitate fraud.
- DComplete the jurat certificate as presented, noting the blanks in the Notary journal.
Show answer & explanationAnswer & explanation
Correct answer: B. Advise the signer that the blanks must be filled in or marked to prevent fraud, then proceed with the jurat.
For a jurat, the Notary must ensure the document is complete to the best of their ability to prevent fraud. This includes advising the signer to fill in or mark blank spaces. The Notary cannot complete the document themselves or refuse solely based on blanks if the signer is willing to complete them.
Why the other options are wrong
- A. A Notary Public cannot fill in or alter the document on behalf of the principal; this would constitute unauthorized practice of law or creating the document.
- C. Refusal is not warranted if the signer can and will complete the blanks. The Notary's duty is to prevent fraud, not automatically refuse if the issue can be resolved.
- D. Noting blanks in the journal is good practice, but it does not address the potential for fraud caused by the blanks themselves.
Jurat - Blanks in Document
Before completing a jurat, a Notary Public must ensure that the document itself is complete and does not contain any blank spaces that could be filled in fraudulently after notarization.
- Notary must advise signer to fill or mark blanks (e.g., N/A).
- Notary cannot fill in blanks for the signer.
- Blanks could lead to fraud if not addressed.
Memory trick: Complete the document, or it's a blank check for trouble.