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Question 1Notary Public Law and Duties

Under California law, within how many days after the date a notary public's commission expires must the notary deliver the notary public journal to the county clerk?

  1. 60 days
  2. 90 days
  3. 180 days
  4. 30 days Correct answer.

Explanation

California requires a notary whose commission expires, or whose commission is revoked or resigned, to deliver the journal to the county clerk within 30 days of the applicable date. The journal is a public record, and failure to deposit it timely is a violation of the notary's statutory duties.

Question 2Notary Public Law and Duties

A notary public is asked to notarize a document for a signer who does not speak English and understands only Mandarin. What does California law require for a valid acknowledgment?

  1. The notary may proceed if the signer nods in agreement to each question
  2. The notary may rely on the signer's adult child to translate without any written record
  3. The notary must refuse all notarizations for non-English speakers
  4. The notary must use a certified interpreter who signs a prescribed declaration in the notary's presence Correct answer.

Explanation

When the signer does not understand English, the notary must rely on a certified or registered interpreter who is able to translate the notary's statements and the signer's responses. The interpreter must sign a specified declaration under penalty of perjury in the notary's presence, and the notary records the interpreter's information in the journal.

Question 3Notary Public Law and Duties

Which of the following best describes the primary purpose of the notary public journal in California?

  1. To record only transactions involving real property
  2. To store copies of every document the notary notarizes
  3. To replace the certificate attached to the notarized document
  4. To serve as a chronological record of notarial acts that can be inspected as a public record Correct answer.

Explanation

The journal is a sequential record of each notarial act, capturing details such as the date, the parties, the type of act, and the identification used. It is a public record available for inspection and copying under specified procedures, and it supports detection of fraud and forgery.

Question 4Notary Public Law and Duties

A notary public is commissioned in California. Which action is within the notary's authorized scope?

  1. Certifying a copy of a birth certificate issued by the state
  2. Preparing the legal pleadings for a client's lawsuit
  3. Advising a signer which type of deed to use
  4. Administering an oath to a witness in a deposition Correct answer.

Explanation

California notaries may administer oaths and affirmations, take acknowledgments, and perform other specified notarial acts, including administering oaths in deposition proceedings. Notaries may not certify copies of vital records or public documents, and they may not give legal advice.

Question 5Notary Public Law and Duties

A notary public performs an acknowledgment for a signer who is personally known to the notary. What must the notary do to document the identification method in the journal?

  1. Write only the signer's name and the date of the act
  2. Attach a photocopy of the signer's passport to the journal page
  3. Record the signer's driver's license number even when personal knowledge was used
  4. Note that the signer was personally known and record the signer's address, with no further identification detail required Correct answer.

Explanation

When identity is established through personal knowledge, the notary records that fact in the journal along with the signer's address and other required entry information. There is no identification number or document to record because no identifying document was examined.

Question 6Notary Public Law and Duties

Which statement accurately describes the notary public bond required in California?

  1. The bond amount is set by the county in which the notary resides
  2. The bond is a surety obligation that provides a limited remedy for persons harmed by a notary's misconduct Correct answer.
  3. The bond protects the notary personally from all liability arising from notarial acts
  4. The bond is optional for notaries who notarize fewer than ten documents per year

Explanation

The notary bond is a surety instrument that provides a fund from which an injured party may recover up to the bond amount for certain harms caused by the notary's official misconduct. It does not shield the notary from personal liability beyond that amount, and the amount is fixed by statute, not by the county.

Question 7Notary Public Law and Duties

A notary public is asked to notarize a document in which the notary is named as a beneficiary. What is the proper course of action?

  1. Decline, because a notary may not perform a notarial act in a transaction in which the notary has a direct financial interest Correct answer.
  2. Proceed if a second notary witnesses the signing
  3. Proceed, because the notary's signature is not on the document
  4. Decline only if the notary would receive more than half of the estate

Explanation

A notary public may not perform a notarial act in a transaction in which the notary has a direct financial or beneficial interest. Being named a beneficiary creates exactly such an interest, so the notary must decline and the parties must use an unrelated notary.

Question 8Notary Public Law and Duties

Which of the following is a required element of a California all-purpose acknowledgment?

  1. The thumbprint of the signer
  2. The notary's seal impression and the notary's signature Correct answer.
  3. The county recorder's stamp
  4. The signature of a second witness

Explanation

A completed acknowledgment certificate must include the notary's signature and a clear impression of the official notary seal, along with the venue, the date, the names of the parties, and the notarial wording. Without the seal and signature, the certificate is defective.

Question 9Notary Public Law and Duties

A notary public's official seal is lost. What must the notary do?

  1. Immediately stop performing notarial acts and notify the Secretary of State of the loss Correct answer.
  2. Wait until the next commission renewal to order a replacement
  3. Continue notarizing and note the loss on each certificate until a new seal arrives
  4. Borrow a seal from another notary in the same office

Explanation

A notary must report the loss or theft of the official seal to the Secretary of State and must cease performing notarial acts until a replacement seal is obtained. Continuing to notarize without a seal would produce defective certificates.

Question 10Notary Public Law and Duties

What is the maximum term of a California notary public commission?

  1. Four years Correct answer.
  2. Six years
  3. Eight years
  4. Two years

Explanation

A California notary public commission runs for a term of four years, beginning on the date the commission takes effect. A notary may apply for reappointment, but each commission term is limited to four years.

Question 11Notary Public Law and Duties

A signer presents a California driver's license that expired eight months ago. May the notary accept it as satisfactory evidence of identity for an acknowledgment?

  1. No, because the identification document must be current or have been issued within the past five years Correct answer.
  2. Yes, because the license was issued by a government agency
  3. Yes, if the photograph still resembles the signer
  4. No, because only a passport may be used for acknowledgments

Explanation

Satisfactory evidence of identity may be based on a current identification document or one that was issued within the past five years. An expired license can still qualify if it falls within that five-year window, but a document that fails both conditions is not acceptable.

Question 12Notary Public Law and Duties

Which statement about the notary public's oath of office is correct?

  1. The oath replaces the requirement to file a bond
  2. The oath is administered by the county recorder at the end of the term
  3. The oath is optional and may be deferred until renewal
  4. The oath must be taken before the notary performs any notarial act Correct answer.

Explanation

Before performing any notarial act, a commissioned notary must take and subscribe the oath of office and file it along with the required bond. Performing notarial acts before completing these steps is unlawful.

Question 13Notary Public Law and Duties

A notary public is asked to certify that a photocopy of a passport is a true and correct copy. How should the notary respond?

  1. Certify the copy because the original was examined
  2. Decline unless the request is made in writing by an attorney
  3. Decline, because California notaries may not certify copies of passports or other public records Correct answer.
  4. Certify the copy only if the notary also administers an oath

Explanation

California notaries are prohibited from certifying copies of passports, birth certificates, and other public records or vital records. The notary may instead perform a different authorized act, but cannot issue a certified copy of these documents.

Question 14Notary Public Law and Duties

A notary public notarizes a signature on a document but does not personally witness the signer signing. The signer later appears before the notary and acknowledges the signature. Which notarial act has occurred?

  1. A certified copy, because the notary verified the signature
  2. An oath of office, because the signer appeared in person
  3. An acknowledgment, because the signer acknowledged the signature as his own Correct answer.
  4. A jurat, because the signer swore to the truth of the document

Explanation

In an acknowledgment, the signer need not sign in the notary's presence; the signer personally appears and acknowledges that the signature is his or hers. A jurat, by contrast, requires the signer to sign in the notary's presence and swear or affirm to the truth of the contents.

Question 15Notary Public Law and Duties

Which of the following advertising practices is prohibited for a California notary public?

  1. Listing the notary's name and commission number in a business directory
  2. Charging the maximum fee allowed by statute
  3. Offering mobile notary services at a client's home
  4. Using the term 'notario publico' without the required statutory disclaimer Correct answer.

Explanation

California law restricts use of the term 'notario publico' and similar phrases because they imply legal authority that a notary does not have. If the term is used in advertising, a prescribed disclaimer must accompany it explaining that the notary is not an attorney and cannot give legal advice.

Question 16Notary Public Law and Duties

A notary public is asked to perform a notarial act for a document written in a language the notary cannot read. What is the correct approach?

  1. Require the signer to translate the entire document aloud to the notary before acting
  2. Notarize only after the notary obtains a certified translation filed with the county
  3. Refuse all notarizations of documents in foreign languages
  4. Notarize if the signer understands the document, since the notary need not read it Correct answer.

Explanation

A notary is not required to read or understand the contents of a document to perform a notarial act; the notary's role is limited to identifying the signer and administering the required act. The notary should not certify or vouch for the document's contents or legal effect.

Question 17Notary Public Law and Duties

Which fee-setting rule applies to California notaries public?

  1. Notaries may charge any fee the market will bear
  2. Notaries may charge only the fees authorized by statute, up to the maximum set by law Correct answer.
  3. Notaries may charge fees set individually by each county board of supervisors
  4. Notaries may not charge any fee for notarial acts

Explanation

California statutes establish the maximum fees a notary may charge for each type of notarial act, and a notary may not exceed those caps. Charging more than the statutory maximum is a violation of the notary's duties.

Question 18Notary Public Law and Duties

A notary public is directed by an employer to notarize a document without the signer present, using a signature already on the document. What should the notary do?

  1. Comply, because the employer controls the notary's work assignments
  2. Refuse, because a notarial act requires the signer's personal appearance before the notary Correct answer.
  3. Comply if the signer can be reached by telephone during the act
  4. Refuse only if the document involves real property

Explanation

Every notarial act requires the signer to appear personally before the notary; a notary may not notarize a signature in the signer's absence. An employer's direction cannot authorize an unlawful act, and the notary's duty of integrity overrides workplace pressure.

Question 19Notary Public Law and Duties

A notary public moves to a new residence within the same county. What is required regarding the notary's records with the Secretary of State?

  1. The notary must publish a notice in a local newspaper
  2. No action is required because the county did not change
  3. The notary must notify the Secretary of State of the change of address within the time prescribed by statute Correct answer.
  4. The notary must surrender the commission and reapply

Explanation

A California notary must file a notice of change of address with the Secretary of State within the statutory period after moving. Keeping the official address current ensures that service of process and official communications reach the notary.

Question 20Notary Public Law and Duties

Under California law, which circumstance requires a notary public to record a thumbprint in the journal?

  1. Every acknowledgment, without exception
  2. Only when the notary charges the maximum fee
  3. When the document is a power of attorney or a deed of trust Correct answer.
  4. Only when the signer is a nonresident of California

Explanation

California requires a journal thumbprint for powers of attorney and specified real-property documents, including deeds of trust. The requirement is tied to the document, not the fee or the signer's residency. A thumbprint does not replace satisfactory evidence of identity or cure deficient identification.

Question 21Notary Public Law and Duties

A notary public is asked to administer an oath to a person testifying in a small claims proceeding. Which statement is correct?

  1. The notary may administer the oath only if the person signs a journal entry first
  2. The notary may not administer an oath outside the notary's own office
  3. The notary may administer the oath only if a judge is present
  4. The notary may administer the oath because administering oaths is an authorized notarial act Correct answer.

Explanation

Administering oaths and affirmations is a core authorized notarial act in California, and a notary may perform it in connection with proceedings and other lawful purposes. There is no requirement that a judge be present or that the act occur at a particular location.

Question 22Notary Public Law and Duties

A notary public knowingly notarizes a document for a person using a false identity. What is the most significant legal consequence the notary may face?

  1. A written warning from the county clerk only
  2. Automatic reassignment to a different county
  3. A mandatory increase in the notary's bond amount
  4. Criminal liability and revocation or suspension of the commission Correct answer.

Explanation

Knowingly notarizing for a person using false identification can expose the notary to criminal prosecution and to administrative action by the Secretary of State, including revocation or suspension of the commission. The notary's bond may also be subject to claims by injured parties.

Question 23Notary Public Law and Duties

A notary public is asked to perform a notarial act for a close family member. Which statement reflects California law?

  1. A notary may not notarize a document in which the notary has a direct financial interest, but may generally notarize for a relative in an unrelated matter Correct answer.
  2. A notary may never notarize for any family member under any circumstances
  3. A notary may notarize for a relative only if another notary observes the act
  4. A notary may notarize for a relative only if the notary waives the fee

Explanation

The statutory disqualification focuses on transactions in which the notary has a direct financial or beneficial interest, not on family relationship alone. A notary may generally notarize for a relative when the notary has no personal financial stake in the transaction.

Question 24Notary Public Law and Duties

Which statement best describes a notary public's duty regarding the notary journal when a request for inspection is made?

  1. The notary may destroy journal entries after one year to protect confidentiality
  2. The notary may release the journal only to law enforcement and no one else
  3. The notary may refuse all inspection requests to protect signer privacy
  4. The notary must permit inspection and copying in accordance with statutory procedures, including any required identification and written request Correct answer.

Explanation

The notary journal is a public record, and the notary must allow inspection and copying by persons who follow the statutory procedures, which may include providing identification and submitting a written request. The notary may not simply refuse or destroy the record to avoid disclosure.

Question 25Notary Public Law and Duties

A notary public's commission is revoked by the Secretary of State. What must the notary do with the official seal and journal?

  1. Destroy both the seal and the journal
  2. Deliver the journal as required by law and surrender the seal as directed Correct answer.
  3. Keep the seal for personal records and retain the journal indefinitely
  4. Transfer the seal to a newly commissioned notary

Explanation

When a commission ends by revocation, expiration, or resignation, the notary must deliver the journal to the county clerk within the statutory period and dispose of the seal as the law directs. The seal may not be transferred to another person, and the journal may not be destroyed.

Question 26Notary Public Law and Duties

A notary public is commissioned in California. What is the minimum age a person must be to qualify for a notary public commission?

  1. 18 years Correct answer.
  2. 25 years
  3. 30 years
  4. 21 years

Explanation

California Government Code section 8201 requires a notary public applicant to be at least 18 years old. There is no higher age minimum for the office. The other ages listed are not statutory qualifications for a notary commission.

Question 27Notary Public Law and Duties

A person wants to become a California notary public. Which requirement must be satisfied before the Secretary of State issues a commission?

  1. Ten years of experience as a licensed real estate agent
  2. Completion of a six-hour notary public education course and passage of a written examination Correct answer.
  3. A four-year college degree in paralegal studies
  4. A recommendation letter from a superior court judge

Explanation

Applicants must complete a course of study approved by the Secretary of State and pass the notary public examination. The required course is six hours for first-time applicants. No college degree, real estate experience, or judicial recommendation is required.

Question 28Notary Public Law and Duties

A notary public is asked to perform a notarial act for a person who cannot sign their name. What must the notary do?

  1. Refuse the act because a signature is always required
  2. Have the notary's employee sign as attorney-in-fact
  3. Sign the person's name on the document without any notation
  4. Allow the person to sign with a mark and obtain two witnesses Correct answer.

Explanation

Under California law, a person who cannot sign may sign with a mark, but the notary must obtain two witnesses to the signature. The witnesses must be present when the mark is made. The notary may not sign for the person or permit an unauthorized proxy signature.

Question 29Notary Public Law and Duties

A notary public is asked to take an acknowledgment from a signer who speaks only Mandarin. The notary does not speak Mandarin. What is the proper procedure?

  1. Proceed if the signer nods in agreement
  2. Ask a bystander to translate informally without documentation
  3. Use a certified interpreter who signs a declaration and is identified in the notary journal Correct answer.
  4. Refuse all notarial acts for non-English speakers

Explanation

When the signer and notary do not share a common language, the notary must use a certified interpreter who signs a declaration under penalty of perjury. The interpreter's information must be recorded in the notary journal. Informal translation by an untrained bystander does not satisfy the requirement.

Question 30Notary Public Law and Duties

A notary public is asked to notarize a document for a signer who appears to be under the influence of drugs. What should the notary do?

  1. Proceed because the signer signed voluntarily
  2. Ask the signer to sign again later without witnesses
  3. Notarize only if a family member confirms the signer's identity
  4. Refuse to perform the notarial act because the signer may lack capacity Correct answer.

Explanation

A notary must determine that the signer appears to have the capacity to understand the transaction. If the signer appears impaired, the notary should decline the act. Proceeding despite apparent incapacity can invalidate the notarization and expose the notary to liability.

Question 31Notary Public Law and Duties

A notary public is asked to perform a notarial act on a document that the notary knows contains a false statement of fact. What is the notary's obligation?

  1. Notarize the document because the notary does not verify content
  2. Notarize but note the false statement in the journal
  3. Notarize only if the signer admits the falsehood
  4. Refuse to notarize the document Correct answer.

Explanation

A notary public may not notarize a document the notary knows to contain a false statement. Notarizing known false content can constitute misconduct and subject the notary to discipline. The notary's duty is to refuse the act, not to annotate the journal and proceed.

Question 32Notary Public Law and Duties

A notary public is asked to provide a certified copy of a power of attorney. Which statement is correct under California law?

  1. A notary may certify copies of any document
  2. A notary may certify copies of birth certificates
  3. A notary may certify copies only of powers of attorney and only if the original is provided Correct answer.
  4. A notary may certify copies of documents in any language without limitation

Explanation

California notaries public are authorized to certify copies of powers of attorney only. The notary must be given the original power of attorney to compare. Certifying copies of other documents, such as birth certificates, is outside a notary's authority.

Question 33Notary Public Law and Duties

A notary public is asked to perform a jurat. What must the notary do?

  1. Only stamp the document without the signer present
  2. Administer an oath or affirmation and witness the signature Correct answer.
  3. Only compare the signature to the identification
  4. Only record the signer's address

Explanation

A jurat requires the notary to administer an oath or affirmation and to witness the signer's signature. The signer must personally appear before the notary. Merely comparing identification or stamping the document does not satisfy the jurat requirements.

Question 34Notary Public Law and Duties

A notary public is asked to notarize a document for a signer who does not have identification but is personally known to the notary. May the notary proceed?

  1. No, unless a coworker vouches for the signer
  2. No, identification is always required
  3. Yes, if the notary personally knows the signer and records that fact Correct answer.
  4. Yes, if the signer provides a credit card

Explanation

A notary may identify a signer by personal knowledge, which must be recorded in the journal. Satisfactory evidence of identity may also be provided by a credible identifying witness or specified identification documents. A credit card alone is not acceptable identification.

Question 35Notary Public Law and Duties

A notary public is asked to notarize a document for a signer who is deaf and communicates in writing. What must the notary do?

  1. Require the signer to bring a hearing interpreter
  2. Communicate in writing and administer the oath in a manner the signer understands Correct answer.
  3. Notarize without any communication
  4. Refuse because the signer cannot hear the oath

Explanation

A notary must ensure the signer understands the notarial act. For a deaf signer who communicates in writing, the notary may use written communication to administer the oath and confirm understanding. Refusing solely because the signer is deaf is improper.

Question 36Notary Public Law and Duties

A notary public is asked to notarize a document that is written in a language the notary does not understand. What is the proper course of action?

  1. Notarize only if the document is in English
  2. Refuse to notarize because the notary cannot read the document
  3. Notarize only after the notary translates the document
  4. Notarize if the signer understands the document and the notary completes the certificate Correct answer.

Explanation

A notary is not required to read or understand the document's language. The notary may proceed if the signer understands the document and the notarial certificate is completed properly. The notary must not translate the document unless qualified and authorized.

Question 37Notary Public Law and Duties

A notary public is asked to notarize a signature on a document dated two years ago. The signer appears today and acknowledges the signature. What should the notary do?

  1. Refuse because the document is stale
  2. Proceed if the signer personally appears and acknowledges the signature Correct answer.
  3. Backdate the notarial certificate to the document date
  4. Require a new document with today's date

Explanation

A notary may notarize a document dated earlier if the signer personally appears and acknowledges the signature. The notary must not backdate the notarial certificate. The certificate should reflect the actual date of the notarial act.

Question 38Notary Public Law and Duties

A notary public is asked to perform a notarial act for a document that will be sent to another country. Which statement is correct?

  1. Only the Secretary of State may notarize foreign documents
  2. California notaries may not notarize documents for foreign use
  3. Foreign-language documents must be translated by the notary
  4. California notaries may perform notarial acts for documents intended for foreign use Correct answer.

Explanation

California notaries public may notarize documents intended for use in other countries. The notary must follow California law for the notarial act. The notary is not required to translate the document and the Secretary of State does not perform these notarizations.

Question 39Notary Public Law and Duties

A notary public's official seal is stolen. What must the notary do?

  1. Ask a colleague to lend their seal
  2. Wait until the commission expires to report
  3. Report the theft to law enforcement and notify the Secretary of State Correct answer.
  4. Continue using a photocopy of the seal

Explanation

A notary must report the theft or loss of the official seal to law enforcement and notify the Secretary of State. The notary may not use a photocopy of the seal or borrow another notary's seal. A replacement seal must be obtained through proper channels.

Question 40Notary Public Law and Duties

A notary public is asked to notarize a document for a signer who is a close friend. What is the proper course of action?

  1. Proceed if the notary can act impartially and follows all requirements Correct answer.
  2. Proceed without recording the act in the journal
  3. Proceed only if another notary witnesses
  4. Refuse because notarizing for friends is prohibited

Explanation

A notary may notarize for friends and acquaintances if the notary can act impartially and complies with all statutory requirements. There is no absolute prohibition on notarizing for friends. The notary should avoid acting when a conflict of interest would compromise impartiality.

Question 41Louisiana Civil Code Notarial Acts and Instruments

Under the Louisiana Civil Code, an authentic act is a writing executed before a notary public and how many witnesses?

  1. One witness
  2. Two witnesses Correct answer.
  3. Three witnesses
  4. No witnesses

Explanation

Civil Code article 1833 defines an authentic act as a writing executed before a notary public or other authorized officer and two witnesses. The two-witness requirement is what gives the act its heightened presumptive validity. A writing executed without both witnesses is not authentic.

Question 42Louisiana Civil Code Notarial Acts and Instruments

What is the effect of an authentic act as to the parties who executed it?

  1. It constitutes full proof of the agreement and its contents Correct answer.
  2. It has no evidentiary weight until recorded
  3. It is presumptive proof rebuttable by any testimony
  4. It proves only the signatures, not the recited terms

Explanation

Under Civil Code article 1835, an authentic act constitutes full proof of the agreement it contains as between the parties. Full proof is stronger than a mere presumption and can be attacked only through a specific action such as forgery or falsity.

Question 43Louisiana Civil Code Notarial Acts and Instruments

A notary prepares an act that is not executed before witnesses. The parties later dispute the terms. How is that writing best characterized under the Civil Code?

  1. An authentic act
  2. A notarial act with full proof
  3. A public instrument
  4. An act under private signature Correct answer.

Explanation

A writing executed before a notary but without two witnesses does not meet the definition of an authentic act and is treated as an act under private signature. It remains valid between the parties but loses the full-proof character of an authentic act.

Question 44Louisiana Civil Code Notarial Acts and Instruments

In Louisiana, which officer is authorized to pass authentic acts?

  1. Any commissioned notary public Correct answer.
  2. Only a parish sheriff
  3. Only a clerk of court
  4. Only a licensed attorney

Explanation

A commissioned Louisiana notary public is authorized to execute authentic acts, along with other officers such as judges and clerks in specific settings. The notary's commission is the source of the power to pass acts. Attorneys are not automatically notaries.

Question 45Louisiana Civil Code Notarial Acts and Instruments

A notary is asked to notarize a document in which the notary is named as a legatee. What is the proper course?

  1. The notary may act because notarial fees are waived
  2. The notary may act if a second witness signs
  3. The notary may not act because of the conflict of interest Correct answer.
  4. The notary may act if the legatee consents

Explanation

A notary may not pass an act in which the notary has a direct personal interest, such as being a legatee or beneficiary. The disqualification protects the integrity of the authentic act. The proper course is to decline and have another notary officiate.

Question 46Louisiana Civil Code Notarial Acts and Instruments

Which of the following best describes an acknowledgment as performed by a Louisiana notary?

  1. The notary certifies the signer's mental capacity
  2. The signer personally appears and declares the signature is genuine Correct answer.
  3. The notary verifies the truth of the document's contents
  4. The notary witnesses the actual signing of the instrument

Explanation

An acknowledgment is a declaration by the signer, appearing before the notary, that the signature is genuine and voluntarily made. The notary certifies the appearance and declaration, not the truth of the underlying content. A jurat, by contrast, involves witnessing the signing and administering an oath.

Question 47Louisiana Civil Code Notarial Acts and Instruments

A Louisiana notary administers an oath to an affiant and certifies that the affiant swore to the statement. This notarial certificate is best termed which of the following?

  1. An acknowledgment
  2. A procuration
  3. A jurat Correct answer.
  4. An attestation

Explanation

A jurat is the certificate a notary gives when the affiant personally appears, is sworn, and signs in the notary's presence. It differs from an acknowledgment, which does not require the notary to witness the signing. The jurat records the oath and the appearance.

Question 48Louisiana Civil Code Notarial Acts and Instruments

A testator wishes to make a statutory will in Louisiana. Which notarial formality is required?

  1. Execution before a notary alone
  2. Execution before a notary and one witness
  3. Execution before three witnesses without a notary
  4. Execution before a notary and two witnesses Correct answer.

Explanation

The Louisiana statutory will must be executed before a notary public and two witnesses who see the testator sign and attest the will. This form is set out in the Civil Code and mirrors the authentic act requirement. Failure to observe the formalities may invalidate the will.

Question 49Louisiana Civil Code Notarial Acts and Instruments

A notary is asked to pass an act of sale of immovable property. Which element is essential to the act's authenticity?

  1. The act must be recorded before it becomes authentic
  2. The parties must sign in the notary's office
  3. The buyer's lender must approve the notarial form
  4. The notary and two witnesses must be present at execution Correct answer.

Explanation

Authenticity depends on execution before the notary and two witnesses, regardless of where the signing occurs. Recording affects enforceability against third parties but does not create authenticity. Lender approval is not a Civil Code formality.

Question 50Louisiana Civil Code Notarial Acts and Instruments

What does the notary's signature on an authentic act certify?

  1. That the formalities were observed and the parties appeared Correct answer.
  2. That the parties understood every legal consequence
  3. That the transaction is financially sound
  4. That no future dispute can arise

Explanation

The notary's signature certifies that the required formalities were observed and that the parties appeared before the notary. It does not guarantee the wisdom or financial soundness of the transaction. The notary is a public officer, not a guarantor of the parties' business judgment.