Notary Public: Understanding Jurats

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Questions and Answers

What is the primary purpose of the phrase 'Subscribed and sworn to (or affirmed)' within a notarial certificate?

To validate the truthfulness of the document's content.
To identify the certificate as a jurat. (correct)
To confirm the signer's willingness to adhere to the document.
To indicate the document has been reviewed by legal counsel.

Which of the following actions is NOT certified by a notary public when completing a jurat?

Verifying the signer's identity.
Administering an oath or affirmation to the signer.
Attesting to the accuracy of the document's factual statements. (correct)
Confirming the signer signed the document in the notary's presence.

In the context of a jurat, what does 'personally appeared before the notary public' necessitate?

The signer's physical presence in the same room as the notary. (correct)
The signer and notary communicating via secure video conference.
The signer's identity being confirmed through prior business dealings.
The signer's document being delivered to the notary directly by the signer.

What is the consequence if a notary public affixes a jurat to a document when the signer did not personally appear?

The jurat is invalid and considered improper notarial conduct. (C) Signup and view all the answers

Which of the following is an acceptable oath wording for a jurat, as suggested in the provided text?

"Do you swear or affirm that the statements in this document are true?" (A) Signup and view all the answers

What aspect of the document is a notary public explicitly NOT verifying when completing a jurat?

The truthfulness of the document's content. (A) Signup and view all the answers

In a standard jurat format, what information is typically included in addition to the 'Subscribed and sworn to' wording and notary details?

State and county where the notarization takes place. (A) Signup and view all the answers

What is traditionally done by both the signer and the notary public when administering the oath for a jurat, although not legally required?

Raising their right hand. (B) Signup and view all the answers

Why is it essential for a notary public to include the correct notarial wording on a document when affixing their seal and signature?

Because a notary seal and signature cannot be affixed without it for validity. (B) Signup and view all the answers

If a document requiring a jurat is mailed to a notary public and the signer does not personally appear, what should the notary public do?

Refuse to notarize the document and explain the requirement for personal appearance. (B) Signup and view all the answers

Flashcards

What is a Jurat?

A form completed by a notary public that includes the wording 'Subscribed and sworn to (or affirmed)'. It certifies that the signer appeared before the notary, signed in their presence, took an oath or affirmation, and was identified.

Jurat Requirements

The signer must personally appear before the notary public, take an oath, and sign in the notary's presence. The notary must also apply their seal and signature with the correct notarial wording.

What does a Jurat Verify?

It verifies only the identity of the individual who signed the document, not the truthfulness, accuracy, or validity of the document.

Purpose of the Oath or Affirmation

The oath or affirmation verifies the truthfulness of the statements in the document.

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Study Notes

The second most frequently completed form by a notary public is the jurat.
Jurats can be identified by the wording "Subscribed and sworn to (or affirmed)."
In a jurat, the notary public certifies that:
The signer personally appeared before the notary public on the date and in the county indicated.
The signer signed the document in the presence of the notary public.
The notary public administered the oath or affirmation.
The notary public is satisfied as to the identity of the signer.
A jurat cannot be affixed to a document mailed or otherwise delivered to a notary public.
The signer must personally appear, take an oath, and sign in the presence of the notary public.
A notary public seal and signature cannot be affixed without the correct notarial wording.
An acceptable oath would be “Do you swear or affirm that the statements in this document are true?”
While administering the oath, the signer and notary public traditionally each raise their right hand but this is not a legal requirement.
Government Code section 8202 applies.

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