Notary Public: Witness Oath and Affirmation

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Questions and Answers

What is the notary public's responsibility after identifying a credible witness who will establish the identity of a subscribing witness?

Ensure the credible witness has a photo ID.
Administer an oath or affirmation to the credible witness. (correct)
Contact the document signer to verify the credible witness's identity.
Collect a fee from the credible witness.

Which of the following statements must a credible witness swear or affirm to, regarding their relationship to the document, to satisfy the requirements for proving identity?

They have thoroughly reviewed the document's legal implications.
They do not have a financial interest in the document and are not named in the document. (correct)
They are a direct beneficiary of the document's terms.
They are a legal representative of one of the parties involved.

After a credible witness affirms the identity of a subscribing witness, what is the next step in the notarization process?

The credible witness must sign the document.
The notary public must contact law enforcement.
The subscribing witness must prove the identity of the document signer. (correct)
The notary public must sign the document.

According to the requirements, what must the subscribing witness confirm under oath, regarding their knowledge of the principal?

That they personally know the principal. (B) Signup and view all the answers

What two actions must the subscribing witness have taken or witnessed concerning the document's signing by the principal?

The subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document. (A) Signup and view all the answers

What final confirmation must the subscribing witness provide under oath or affirmation regarding their participation in witnessing the document?

They were requested by the principal to sign the document as a witness and that the subscribing witness did so. (C) Signup and view all the answers

Why is it important for the credible witness to affirm that they have no financial interest in the document?

To ensure their impartiality and objectivity in verifying the identity of the subscribing witness. (C) Signup and view all the answers

If a subscribing witness cannot confirm that they were requested by the principal to sign the document, what is the likely outcome regarding the notarization process?

The notarization cannot proceed as the witness's role is not properly established. (A) Signup and view all the answers

What is the primary purpose of administering an oath or affirmation to both the credible witness and the subscribing witness during a notarization?

To formally verify the identities of the individuals involved and the validity of their statements. (B) Signup and view all the answers

In the context of proving identity for notarization, what distinguishes the role of the 'credible witness' from that of the 'subscribing witness'?

The credible witness establishes the identity of the subscribing witness, who then proves the identity of the document signer. (C) Signup and view all the answers

Flashcards

Oath for Credible Witness

The notary public must administer an oath or affirmation to the credible witness to establish the identity of the subscribing witness.

Credible Witness Affirmation

The credible witness must swear or affirm that: they know the subscribing witness, the individual is the person named as subscribing witness, and the credible witness does not have a financial interest.

Oath for Subscribing Witness

To prove the identity of the document signer, the notary public must administer an oath or affirmation to the subscribing witness.

Subscribing Witness Affirmation

The subscribing witness must swear or affirm that they know the principal, the principal signed the document and is the person described in the document, the subscribing witness saw the principal sign or acknowledge the signature, and the principal requested the witness to sign.

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Study Notes

The notary public must administer an oath or affirmation to the credible witness to establish the identity of the subscribing witness.
The credible witness must swear or affirm that the following statements are true:
- The individual appearing before the notary public claiming to have subscribed their name to a document as a subscribing witness is the person named as subscribing witness in the document.
- The credible witness personally knows the subscribing witness.
- The credible witness does not have a financial interest in the document and is not named in the document.
After the credible witness has sworn or affirmed to the identity of the subscribing witness, the subscribing witness must prove the identity of the document signer.
To prove the identity of the document signer or principal, the notary public must administer an oath or affirmation to the subscribing witness.
The subscribing witness must swear or affirm that the following statements are true:
- The person who signed the document as a party, the principal, is the person described in the document.
- The subscribing witness personally knows the principal.
- The subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document.
- The subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so.

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