Notarial ActsQuestion 58 of 100
A signer brings an affidavit that must be sworn to. If the certificate is missing, what should the notary do?
a.Choose an acknowledgment because it is simpler
b.Refuse all sworn documents
c.Fill in whatever certificate is handy
d.Ask the signer what act is required and, if it is a sworn statement, attach a jurat and administer the oath
Explanation
For a sworn affidavit the correct act is a jurat, requiring the signer to sign in the notary's presence and swear to the truth of the contents. The notary must ask the signer which act is needed rather than choosing, then administer the oath before completing the jurat certificate.
Law Reference: CA Government Code §8202Practice all 100 questions free — no signup required.
Related questions on this topic
- A notary is asked to swear in a witness for a deposition. What act is the notary performing?
- If a signer objects to swearing an oath for religious reasons, what may the notary offer instead?
- May a California notary use an out-of-state acknowledgment certificate wording?
- A notary reasonably suspects the document is part of a fraud. What is the proper response?
- The all-purpose California acknowledgment certificate contains a required disclaimer stating what?
- For a proof of execution, may the credible witness who identifies the subscribing witness be identified by an ID card?
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