QUESTIONS WITH CORRECT
ANSWERS
what is an acknowledgement? - answer-a formal declration by a
person executing a document, made to an offical authorized by law
to take an ackowledgement that the person executed the document
freely and voluntarily for the purpose set forth in the document.
when is a notary's presence needed or not? - answer-affidavit-must be
signed in the presence of the notary
acknowledgement-does not have to be in presence of notary but
notary must either know the person or obtain evidence of person's
identity
can a notary acknowledge an instrument in which they have an
interest? - answer-no, such as deeds, mortgages, etc.
can a notary acknowledge something for a relative? - answer-yes, but
only if the notary has no personal interest in the instrument.
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,can a notary take an acknowledgement referring to property or other
matters outside the state of ohio, (ie. new york, indiana deed for real
estate)? - answer-yes - if document acknowledged within the borders
of the state of ohio.
definition of deposition - answer-the written testimony of a witness
taken after an oath or affimation has been administered what are the
penalties for a notary charging excessive fees? - answer- will be
removed from office and inelligible for reappointment
what is the penalty for a notary if they notarize an affidavit without
administering an oath? - answer-will be removed from office and
inelligible for reappointment for 3 years; can be fined no more than
$100 or imprisoned not more than 30 days or both
definition of protest - answer-a formal declaration executed by a notary
that he/she presented a bill of exchange or promissory note to a person
for acceptance or payment and that it wsa refused for nonacceptance
or for nonpayment.
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,what is a notarial protest? - answer-a certificate issued by a notary
certifying that a negotiable instrucment was presented for payment
and payment was not made (ie. bank check for nsf or promissory
note).
Define Notary Public - ANSWER-Public Officer appointed and
commissioned by the Secretary of State to serve the Public as an
impartial witness in performing specific acts authorized by law.
Two types of Notaries in Ohio - ANSWER-1. Traditional Notary Public
2. Online Notary Public
list the 4 powers of a notary - answer-administer oaths; take & certify
acknowledgements; take & certify depositions; & receive, make &
record notarial protests
what is the term of a notary? - answer-5 years
where do notaries get sworn in & what is the clerk fee? - answer- clerk
of courts / $5.00
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, statute for penalty of notary act after expired commission - answer-
147.10 notary public acting after commission expires.
no notary public shall do or perform any act as a notary public
knowing that the notary public's term of office has expired or that
the notary public has resigned the notary public's commission.
147.11 forfeiture.
a person appointed notary public who performs any act as such after
the expiration of the person's term of office or after the person resigns
the person's commission, knowing that the person's term has expired
or that the person has resigned, shall forfeit not more than five hundred
dollars, to be recovered by an action in the name of the state. such act
shall render the person ineligible for reappointment.
147.99 penalty.
(a) whoever violates section 147.10 of the revised code shall be fined
not more than five hundred dollars.
(b) whoever violates section 147.14 of the revised code shall be fined
not more than one hundred dollars or imprisoned not more than thirty
days, or both.
definition of oath - answer-a declaration by a person before an officer
authorized to take oaths, such as a notary public, that what the person
has said or is about to say, is true.
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