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What is a notary public? ✔✔A public official authorized to attest to the authenticity of signatures. What are the four basic components of a notary public? ✔✔law abiding, bonded, impartial, public official. What are a notary's key functions? ✔✔To acknowledge and witness the signing of documents and administer oaths and affirmations related to the signing of important documents. How much of a bond do you have to have before receiving IN Notary Commission? ✔✔$25,000 surety bond Can a notary notarize their own signature? ✔✔NO; a notary cannot notarize their own, their spouse's, or any party's signature that may directly benefit the notary. What is the role of a notary? ✔✔To be an impartial witness to a signature, oath or affidavit. What is notarial act? ✔✔Serves as a legal attestation to a signing, oath taking or swearing to an affidavit.
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What is a notary public? ✔✔A public official authorized to attest to the authenticity of signatures. What are the four basic components of a notary public? ✔✔law abiding, bonded, impartial, public official. What are a notary's key functions? ✔✔To acknowledge and witness the signing of documents and administer oaths and affirmations related to the signing of important documents. How much of a bond do you have to have before receiving IN Notary Commission? ✔✔$25,000 surety bond Can a notary notarize their own signature? ✔✔NO; a notary cannot notarize their own, their spouse's, or any party's signature that may directly benefit the notary. What is the role of a notary? ✔✔To be an impartial witness to a signature, oath or affidavit. What is notarial act? ✔✔Serves as a legal attestation to a signing, oath taking or swearing to an affidavit. Who is a notary public commissioned by? ✔✔Commissioned by the state and serves as a public official.
How long is the term of office for a notary? ✔✔8 years What are examples of notarial acts? ✔✔1. taking an acknowledgment
What are the 3 possible ways for a notary to verify the identity of the signer? ✔✔1. identification documents, 2. personal knowledge, 3. credible witness How long can ID be expired? ✔✔Must be current and not expired more than 3 years. What is a credible witness? ✔✔The notary personally knows someone who swears that he or she personally knows the signer. What is Notario Publico? ✔✔(a class A misdemeanor) fraudulent advertising or misrepresentation by a notary who is not an attorney in good standing and admitted to practice law in IN What is the maximum fee a notary may charge? ✔✔Maximum of $10 per individual notarization What is an apostille (or authentication)? ✔✔A certificate that authenticates the origin of a public document by validating the official's signature. Can you notarize a blank document? ✔✔A notary must never notarize a blank document, a document that has not been signed by the parties, or a document that contains blank spaces with omitted information (such as parties who are not present before the notary) What is a notary liability? ✔✔A notary public who fails to carry out notary duties correctly may be subject to civil liability for any damages caused by the failure or error. What is misconduct? ✔✔Negligent or purposeful improper notarization.
Intentional Misconduct ✔✔deliberate disobedience of notarial statute that seeks to benefit the notary in some way, often to defraud the signer of or a party to the document. Unintentional Misconduct ✔✔negligent error or failure of duty in performing a notarization. (a notary failing to do everything the law requires or attempting to assist beyond what the law allows) What are examples of misconduct? ✔✔-not requiring personal appearance of the signer, - failing to attach the notary seal, - neglecting to attach the expiration of commission, - failing to sign notarized document, - omitting Can notaries give legal advice? ✔✔No; notaries must not give legal advice and they cannot prepare documents. What is a civil penalty? ✔✔Civil penalties are the most common, if a notary intentionally or unintentionally damages the complainant, they may be liable for monetary damages. What is a criminal penalty? ✔✔May apply if the notary's act enables a forgery, false writing, or other crime to occur. (intentional and can be prosecuted as any other crime) What is a notary journal? ✔✔A journal of all notarial acts they perform. (IN does not require this) If my notary appt expires but I have applied for a new appt, may I continue to exercise my notarial powers? ✔✔no; there is no carryover or grace period for a notary public once their appt has expired.
authenticate ✔✔to prove or verify as genuine certificate ✔✔a document testifying to fact, qualification or promise; OR a written statement legally authenticated civil liability ✔✔the responsibility and obligation to make compensation to another person for damages caused by improper performance of duties and acts commission ✔✔a document describing the notary's appointment and term of office credible witness ✔✔A believable witness worthy of confidence. Creates a chain of personally known individuals from the notary public to the signer of a document. instrument ✔✔a legal document that establishes or transfers property rights such as a real estate deed, last will testament, trust or bill of sale. jurat ✔✔"it has been sworn" - a certificate added to an affidavit or document stating when, before whom and where it was made jurisdiction or venue ✔✔the locality where a cause of action occurs, the state and/or county where a notarization takes place. misconduct ✔✔Behavior not conforming to prevailing standards or laws
misdemeanor ✔✔an offense of lesser gravity than a felony for which punishment may be a fine or imprisonment oath ✔✔oral or written appeals before God that the declarations made are true official seal ✔✔rubber stamp or embosser that conforms to the laws and rules personally known ✔✔Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. power of attorney ✔✔a legal instrument authorizing one to act as the attorney or agent of the grantor. Revoke ✔✔to cancel or rescind swear/sworn ✔✔To make a solemn promise; to vow, usually before God. verification ✔✔a confirmation of the truth of a theory or fact witness ✔✔a person who watches an event take place