Notarial Act: Administering Jurats

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Questions and Answers

Which phrase in a notarial certificate indicates that it is a jurat?

  • "Personally appeared"
  • "Acknowledged before me"
  • "Subscribed and sworn to (or affirmed)" (correct)
  • "Witnessed and signed"

What is the primary purpose of a jurat?

  • To provide legal advice regarding the document's content.
  • To authenticate the document for international use.
  • To verify that the signer personally appeared and signed the document. (correct)
  • To certify the signer's intent to enter into a contract.

A notary public is asked to complete a jurat for a document, but the signer refuses to swear to or affirm the truth of its contents. What should the notary do?

  • Proceed with an acknowledgment instead of a jurat.
  • Refuse to complete the jurat. (correct)
  • Complete the jurat but note the signer's refusal in the journal.
  • Complete the jurat, assuming the signer is acting in good faith.

What type of document typically requires a jurat?

<p>An affidavit or declaration. (B)</p> Signup and view all the answers

Which action is NOT required for a notary public to perform an oath or affirmation and jurat?

<p>Ensuring the document is legally sound. (B)</p> Signup and view all the answers

Where is a jurat typically located on a document?

<p>At the end of the document. (A)</p> Signup and view all the answers

Which of the following certifications does a notary public make when completing a jurat?

<p>That the signer appeared before the notary on the date indicated and in the county indicated. (A)</p> Signup and view all the answers

What is the most important reason for a notary to witness the signing of a document for a jurat?

<p>To attest that the signer personally signed the document after taking an oath or affirmation. (B)</p> Signup and view all the answers

Besides completing the jurat itself, what else must a notary public do when performing a jurat?

<p>Complete a journal entry for the transaction. (C)</p> Signup and view all the answers

A person presents a document to a notary public and asks for a Jurat to be administered, what must the notary do?

<p>The notary must have the person swear and sign in front of them. (C)</p> Signup and view all the answers

Flashcards

What is a Jurat?

A notarial certificate attached when a person signs a document and swears/affirms its contents are true.

What is an Affidavit?

A document containing statements sworn/affirmed by the signer to be true and correct.

What does a notary public certify when completing a jurat?

That the signer personally appeared, was identified, took an oath/affirmation, and signed in the notary's presence.

What are the steps a notary must take to perform a jurat?

Confirm identity, administer oath/affirmation, witness the signing, complete journal entry, and complete/attach the jurat.

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Study Notes

  • Administering oaths/affirmations and completing jurats is a frequently performed notarial act.
  • A jurat is a notarial certificate attached to a document when a person signs and swears/affirms its contents are true.
  • The jurat certificate is identified by "Subscribed and sworn to (or affirmed)."
  • It is typically found at the end of the document.
  • Documents with sworn/affirmed statements are typically called "affidavits" or "declarations."
  • The signer is "subscribing and swearing (or affirming) to" the contents.
  • A jurat must be attached to or located at the end of all affidavits sworn before the notary.
  • A notary public cannot complete a jurat if the signer does not swear/affirm to the truth of the contents.
  • By completing a jurat, the notary public certifies:
    • The signer appeared before the notary on the date and in the county indicated.
    • The identity of the signer by satisfactory evidence.
    • The oath or affirmation was administered.
    • The signer signed the document in the presence of the notary public.
  • To perform an oath/affirmation and jurat, a notary public must:
    • Confirm the identity of the person signing and swearing/affirming to the affidavit.
    • Administer an oath or affirmation.
    • Watch the signer sign the affidavit.
    • Complete a journal entry for the transaction.
    • Complete and attach a jurat to the affidavit or complete the jurat at the end of the affidavit.

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