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Maryland Notary practice questions

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Question 1Notarial Acts and Allowable Actions a Notary May Perform

Under Maryland law, which of the following is a notarial act that a commissioned notary public is authorized to perform?

  1. Certifying the authenticity of a foreign passport
  2. Recording a deed in the land records office
  3. Issuing a court order to compel testimony
  4. Administering an oath or affirmation Correct answer.

Explanation

Maryland notaries are authorized to administer oaths and affirmations as part of their core statutory powers. Certifying a foreign passport's authenticity, issuing court orders, and recording deeds are functions of other offices or agencies, not a notary's statutory authority.

Question 2Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to take an acknowledgment of a signature on a deed. What is the notary's essential role in this act?

  1. Drafting the deed's legal description
  2. Filing the deed with the State Department of Assessments and Taxation
  3. Confirming the signer personally appeared and acknowledged the signature Correct answer.
  4. Determining whether the document is legally valid

Explanation

An acknowledgment is a formal declaration by the signer, made in the notary's presence, that the signature is voluntary and authentic. The notary verifies personal appearance and identity but does not judge the document's legal sufficiency.

Question 3Notarial Acts and Allowable Actions a Notary May Perform

Which notarial act involves the notary certifying that a copy of a document is a true and exact reproduction of the original?

  1. An oath
  2. A jurat
  3. A certified copy Correct answer.
  4. An acknowledgment

Explanation

A certified copy is a notarial act in which the notary attests that the copy faithfully reproduces the original document presented. Jurats and acknowledgments certify the signing event, not the accuracy of a reproduction.

Question 4Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is administering an oath to a witness. Which action directly administers the oath or affirmation?

  1. Requiring the witness to pay a fee before swearing
  2. Asking the witness to raise a hand and swear or affirm to the truth Correct answer.
  3. Coaching the witness on what testimony to give
  4. Deciding whether the witness's testimony is credible

Explanation

Administering an oath involves requiring the affiant or witness to swear or affirm to the truth of a statement, often with a raised hand. The notary administers the oath but does not evaluate credibility or direct the substance of testimony.

Question 5Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a jurat on an affidavit. What must the notary do as part of completing the jurat?

  1. Obtain a court order authorizing the affidavit
  2. Witness the signer's signature and administer an oath or affirmation Correct answer.
  3. Verify the facts stated in the affidavit are true
  4. Certify that the affidavit was filed with the clerk

Explanation

A jurat requires the signer to sign in the notary's presence and to swear or affirm to the truth of the contents. The notary certifies the swearing, not the truth of the underlying statements.

Question 6Notarial Acts and Allowable Actions a Notary May Perform

A signer appears before a Maryland notary and asks the notary to notarize a document that the signer has not signed. What is the notary's most appropriate response?

  1. Notarize the blank signature line anyway
  2. Explain that the signer must sign in the notary's presence or acknowledge a prior signature as required Correct answer.
  3. Refuse to perform any notarial act in the future
  4. Sign the signer's name on the signer's behalf

Explanation

For a jurat, the signer must sign in the notary's presence; for an acknowledgment, the signer must personally appear and acknowledge the signature. The notary may not sign for the signer or certify a signature that has not occurred.

Question 7Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a notarial act a Maryland notary may perform without the signer being physically present in the notary's immediate presence?

  1. Witnessing a will in person
  2. Taking an acknowledgment in person
  3. Performing a remote notarization authorized under Maryland law Correct answer.
  4. Administering a jurat

Explanation

Maryland law authorizes remote notarization under specified conditions, allowing certain notarial acts to be performed when the signer is not physically present. In-person acknowledgments, jurats, and will witnessing ordinarily require the signer's physical presence.

Question 8Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to attest to the identity of a person based on the notary's personal knowledge. Which requirement applies?

  1. The notary must rely on a credible witness or satisfactory evidence of identity Correct answer.
  2. The notary may skip identity verification for family members
  3. The notary must obtain a court order before verifying identity
  4. The notary may accept a verbal assurance from a stranger

Explanation

Maryland notaries must identify the signer through satisfactory evidence, such as a government-issued photo ID or a credible witness personally known to the notary. Verbal assurances from strangers or blanket exceptions for relatives are not sufficient.

Question 9Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to take an acknowledgment from a person who does not speak English and cannot understand the notarial certificate. What is the notary's best course of action?

  1. Ask the person to sign a waiver of understanding
  2. Refuse permanently and tell the person notaries cannot serve non-English speakers
  3. Proceed without explanation because the signature is all that matters
  4. Use an interpreter or other means to ensure the signer understands the act before proceeding Correct answer.

Explanation

A notary must ensure the signer understands the nature of the notarial act. Using an interpreter or other means to communicate is appropriate; proceeding without comprehension undermines the act's validity.

Question 10Notarial Acts and Allowable Actions a Notary May Perform

Which of the following best describes the notarial act of an oath?

  1. A sworn promise or declaration made before the notary invoking a sense of accountability Correct answer.
  2. A certification that a copy matches the original
  3. A recording of a deed in the land records
  4. A court-ordered deposition

Explanation

An oath is a solemn sworn promise or declaration administered by the notary, calling upon the affiant's accountability for truthfulness. It differs from certifications of copies and from judicial proceedings.

Question 11Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to notarize a document that appears to be a will. Which statement is most accurate regarding the notary's role?

  1. The notary may decide whether the will's terms are fair
  2. The notary may probate the will after the testator's death
  3. The notary may serve as a witness and notarize the self-proving affidavit as permitted by law Correct answer.
  4. The notary may draft the will's dispositive provisions

Explanation

A Maryland notary may witness a will and notarize a self-proving affidavit where permitted by law, but may not draft the will's terms or adjudicate its fairness. Probate is handled by the register of wills.

Question 12Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act on a document where the notary is named as a beneficiary. What should the notary do?

  1. Decline because of the conflict of interest and disqualification rules Correct answer.
  2. Proceed if the notary charges no fee
  3. Proceed because the notary's signature is technically valid
  4. Ask another person to sign the notary's name

Explanation

A notary may not perform a notarial act in a matter in which the notary has a disqualifying personal interest, such as being a beneficiary. The notary should decline and refer the parties to an independent notary.

Question 13Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a proper notarial certificate element that a Maryland notary should include when completing a jurat?

  1. The notary's personal opinion of the signer's honesty
  2. A statement that the document is legally enforceable
  3. The date of the notarial act and the notary's signature and seal Correct answer.
  4. The signer's social security number

Explanation

A jurat certificate should identify the act performed and include the date, the notary's signature, and the notary's official seal or stamp. Personal opinions, sensitive identifiers, and legal conclusions are not proper certificate elements.

Question 14Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to administer an affirmation instead of an oath to a person who objects to swearing. What is the correct approach?

  1. Refer the person to a judge for all future documents
  2. Administer the affirmation, which has the same legal effect as an oath Correct answer.
  3. Require the person to swear despite the objection
  4. Refuse because only oaths are permitted

Explanation

An affirmation is a solemn declaration made without invoking a deity and carries the same legal effect as an oath. A notary should accommodate a person's objection by administering an affirmation.

Question 15Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to certify a copy of a document that is a public record held by a government office. What is the notary's best response?

  1. Explain that certified copies of public records are typically obtained from the custodian of the record Correct answer.
  2. Certify the copy because notaries may copy any document
  3. Certify the copy only if the notary works for that office
  4. Refuse to speak with the requester

Explanation

Certified copies of public records are generally issued by the official custodian of the record rather than by a notary. The notary should direct the requester to the appropriate office.

Question 16Notarial Acts and Allowable Actions a Notary May Perform

Which statement accurately describes the notary's duty when performing a notarial act for a signer who appears to be signing under duress?

  1. Ask the person applying pressure to sign as a witness
  2. Stop and decline to notarize until the concern is resolved Correct answer.
  3. Notarize but note the concern in the certificate
  4. Proceed because the signer showed up voluntarily

Explanation

A notary must be satisfied that the signer acts voluntarily. If duress is suspected, the notary should pause and decline until the concern is resolved rather than proceed.

Question 17Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to notarize a signature on a document dated two years earlier. The signer personally appears and acknowledges the signature. What is the notary's proper action?

  1. Ask the signer to re-date the document to today
  2. Take the acknowledgment and complete the certificate with the current date of the notarial act Correct answer.
  3. Backdate the certificate to the document's date
  4. Refuse because the document is old

Explanation

A notary may take an acknowledgment of a previously signed document when the signer personally appears and acknowledges the signature. The certificate must reflect the actual date the notarial act is performed, not the document's date.

Question 18Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a notarial act that a Maryland notary may perform relating to a signature by mark?

  1. Notarize the mark if the signer's identity is established and the mark is properly witnessed as required Correct answer.
  2. Refuse all signature-by-mark documents
  3. Certify the mark without any witnesses
  4. Sign the document on the signer's behalf

Explanation

Maryland law permits notarization of a signature by mark when the signer's identity is satisfactorily established and required witnesses are present. The notary documents the mark and the surrounding circumstances in the certificate.

Question 19Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act for a close relative. What is the correct principle?

  1. The notary must always refuse all acts for relatives
  2. The notary may notarize for relatives only if no fee is charged
  3. The notary should follow disqualification rules and avoid acting where a prohibited interest exists Correct answer.
  4. The notary may always notarize for relatives without restriction

Explanation

Maryland disqualification principles prohibit a notary from acting in matters where the notary has a disqualifying interest, and certain family relationships may create such a conflict. The notary should evaluate the specific circumstances and decline when a prohibited interest exists.

Question 20Notarial Acts and Allowable Actions a Notary May Perform

Which of the following describes the proper use of a notary's official seal or stamp on a notarial certificate?

  1. The seal may be omitted whenever the notary is in a hurry
  2. The seal may be lent to a coworker for convenience
  3. The seal may be applied to any document the notary handles, including blank pages
  4. The seal should be applied only to completed notarial certificates for acts the notary performed Correct answer.

Explanation

A notary's seal authenticates the notarial act and should be applied only to completed certificates for acts the notary personally performed. Applying it to blank pages or lending it to others is improper.

Question 21Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to administer an oath to a person who will testify in a court proceeding. Which statement is correct about the notary's authority?

  1. The notary may exclude testimony the notary believes is false
  2. The notary may cross-examine the witness
  3. The notary may administer the oath if authorized to do so, but may not rule on the admissibility of testimony Correct answer.
  4. The notary may set the terms of the testimony

Explanation

Administering an oath is a notarial function, but rulings on admissibility, cross-examination, and the substance of testimony belong to the court. The notary's role is limited to administering the oath.

Question 22Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is an example of a notarial act a Maryland notary may perform involving a protest of a negotiable instrument?

  1. Guaranteeing payment of the instrument
  2. Filing a lawsuit to collect on the instrument
  3. Reissuing the instrument in the notary's name
  4. Noting and protesting a dishonored negotiable instrument as permitted by law Correct answer.

Explanation

Maryland law authorizes notaries to note and protest dishonored negotiable instruments, a commercial notarial function. Suing, guaranteeing payment, or reissuing the instrument are financial or legal actions beyond the notary's authority.

Question 23Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to notarize a document written in a language the notary does not read. What is the appropriate course?

  1. Perform the notarial act if the signer understands the document and the notary can complete the certificate Correct answer.
  2. Sign the document as a translator
  3. Refuse to notarize any document the notary cannot read in all cases
  4. Alter the document to English before notarizing

Explanation

A notary is not required to read or understand the document's contents, but must ensure the signer understands the act and that the certificate is properly completed. Refusing all foreign-language documents is too broad, and the notary may not alter the document.

Question 24Notarial Acts and Allowable Actions a Notary May Perform

Which of the following best describes the difference between an acknowledgment and a jurat in Maryland notarial practice?

  1. There is no difference in legal effect
  2. An acknowledgment certifies the signer appeared and acknowledged the signature; a jurat certifies the signer swore to the truth of the contents Correct answer.
  3. A jurat certifies a copy; an acknowledgment certifies identity
  4. An acknowledgment requires an oath; a jurat does not

Explanation

An acknowledgment certifies personal appearance and voluntary acknowledgment of a signature, while a jurat certifies that the signer signed and swore or affirmed to the truth of the document. The two acts serve distinct purposes.

Question 25Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act at a location outside the notary's usual office. What is the correct principle?

  1. A notary may perform acts only with prior court approval
  2. A notary may perform acts only during business hours
  3. A notary may perform notarial acts at any location within Maryland where the signer appears Correct answer.
  4. A notary may perform acts only at the address on the commission

Explanation

A Maryland notary's commission is statewide, so the notary may perform notarial acts at any location within Maryland where the requirements, including personal appearance, are satisfied. The commission address is not a geographic limit.

Question 26Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act for a signer who communicates only in American Sign Language and does not read or write English. What is the most appropriate course of action for the notary?

  1. Proceed by having the signer mark an 'X' on the document and the notary write the signer's name.
  2. Decline the act because a notary may never use an interpreter.
  3. Perform the act only after the signer learns enough English to read the certificate aloud.
  4. Proceed by using a qualified interpreter to convey the oath or acknowledgment and note the interpreter's involvement in the certificate. Correct answer.

Explanation

Maryland notaries may use a qualified interpreter to communicate with a signer who does not speak or read English, provided the interpreter is not disqualified (for example, the notary's spouse or the signer's heir). The notary should document the interpreter's name and involvement in the notarial certificate to preserve the record.

Question 27Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a notarial act that a Maryland notary public is expressly authorized to perform?

  1. Issuing a marriage license
  2. Preparing a deed of trust for a borrower
  3. Administering an oath or affirmation Correct answer.
  4. Certifying that a photocopy of a passport is a true copy

Explanation

Maryland notaries are authorized to administer oaths and affirmations, take acknowledgments, and perform other acts specified by law. Preparing legal documents and issuing marriage licenses are outside the notary's authorized acts.

Question 28Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to notarize a document for a person who is unable to sign because of a physical disability. What is the correct procedure the notary should follow?

  1. Ask the signer to provide a thumbprint instead of a signature and notarize without further notation.
  2. Sign the document on behalf of the signer without any notation.
  3. Have the signer make a signature by mark or direct another person to sign the signer's name in the signer's presence, and note the circumstances in the certificate. Correct answer.
  4. Refuse the act because the signer cannot sign.

Explanation

Maryland law allows a signer who cannot sign to make a signature by mark or to direct another person to sign the signer's name in the signer's presence. The notary should record the method used and the circumstances in the notarial certificate.

Question 29Notarial Acts and Allowable Actions a Notary May Perform

Which of the following best describes the notarial act of taking an acknowledgment?

  1. The notary certifies that the signer is of sound mind and has capacity to contract.
  2. The notary certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily. Correct answer.
  3. The notary certifies that the signer swore to the truth of the document's contents.
  4. The notary certifies that the document is a true copy of an original.

Explanation

An acknowledgment is a notarial act in which the signer declares to the notary that the document was executed voluntarily for its stated purpose. The notary certifies the signer's appearance, identity, and acknowledgment, not the truth of the document's contents.

Question 30Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act on a document that the notary knows contains false statements. What should the notary do?

  1. Proceed because the notary is only witnessing the signature, not the content.
  2. Proceed only if the signer promises to correct the statements later.
  3. Proceed but add a note in the certificate that the contents are false.
  4. Refuse to perform the notarial act because the notary may not notarize a document known to contain false statements. Correct answer.

Explanation

A Maryland notary may not perform a notarial act on a document the notary knows contains false or fraudulent statements. Doing so could expose the notary to liability and violates the notary's duty of integrity.

Question 31Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a notarial act that a Maryland notary may perform for a person who is physically present but unable to speak or hear?

  1. Take an acknowledgment using a qualified interpreter or written communication to confirm understanding. Correct answer.
  2. Perform the act without any communication because physical presence is sufficient.
  3. Administer an oath only if the person can verbally repeat it.
  4. Refuse all notarial acts because the person cannot communicate verbally.

Explanation

A notary must ensure the signer understands the act; when a signer cannot speak or hear, the notary may use a qualified interpreter or written communication to confirm understanding. The notary should document the method used in the certificate.

Question 32Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to certify a copy of a document that is not a public record and is not prohibited by law from being copied. What is the correct action?

  1. The notary must refuse because Maryland notaries may never certify copies.
  2. The notary may certify the copy as a true copy using a proper certificate. Correct answer.
  3. The notary may certify the copy only if the original is also presented and retained.
  4. The notary must send the document to the Secretary of State for certification.

Explanation

Maryland notaries are authorized to certify copies of certain documents that are not public records and whose certification is not prohibited by law. The notary should use a proper certificate indicating the copy is a true copy.

Question 33Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a proper notarial act a Maryland notary may perform when a signer is unable to appear in person due to a documented medical condition?

  1. Notarize based on a video recording provided by the signer without a live session.
  2. Send a blank certificate to the signer to complete and return.
  3. Ask another notary to sign the certificate on the notary's behalf.
  4. Perform a remote notarization if the notary is approved and complies with Maryland remote notarization requirements. Correct answer.

Explanation

Maryland permits remote notarization when the notary complies with the state's remote notarization requirements, including live audio-video communication and identity verification. A recorded video without a live session does not satisfy the requirements.

Question 34Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to administer an oath to a person who does not understand the English language. What is the notary's best practice?

  1. Refuse to administer the oath because the person does not speak English.
  2. Administer the oath in English and assume the person understands.
  3. Ask the person to sign a statement that they understood the oath without translation.
  4. Use a qualified interpreter to translate the oath and the person's responses, and note the interpreter's name in the certificate. Correct answer.

Explanation

When a person does not understand English, the notary should use a qualified interpreter to ensure the oath is understood and the responses are accurate. The notary should record the interpreter's involvement in the certificate.

Question 35Notarial Acts and Allowable Actions a Notary May Perform

Which of the following statements about a Maryland notary's authority to perform notarial acts outside the notary's county of residence is accurate?

  1. A notary may perform notarial acts anywhere in Maryland, regardless of county. Correct answer.
  2. A notary may perform notarial acts only at the notary's registered office address.
  3. A notary may perform notarial acts only in the county where the notary resides.
  4. A notary may perform notarial acts in another state if the signer is a Maryland resident.

Explanation

A Maryland notary's commission is statewide, so the notary may perform notarial acts anywhere in Maryland. The notary may not perform notarial acts outside Maryland unless authorized by the other state's law.

Question 36Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act for a signer who appears to be under the influence of alcohol. What is the notary's most appropriate action?

  1. Perform the act but write 'signer appeared intoxicated' in the certificate.
  2. Decline to perform the act and explain that the signer must appear to be competent and willing. Correct answer.
  3. Ask the signer to return with a family member who can sign for them.
  4. Proceed with the notarial act because the signer is physically present.

Explanation

A notary must be satisfied that the signer is competent and acting voluntarily. If the signer appears intoxicated or otherwise impaired, the notary should decline to perform the act.

Question 37Notarial Acts and Allowable Actions a Notary May Perform

Which of the following is a notarial act that a Maryland notary may perform in connection with a deposition?

  1. Represent the deponent as legal counsel.
  2. Prepare the deposition transcript.
  3. Administer an oath to the deponent and certify the deposition. Correct answer.
  4. Rule on objections during the deposition.

Explanation

A Maryland notary may administer an oath to a deponent and certify the deposition. The notary may not act as legal counsel, rule on objections, or prepare the transcript, as those are outside the notary's role.

Question 38Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to notarize a document for a signer who is a personal friend and whose identity the notary knows well. What is the correct practice regarding identification?

  1. The notary may rely on personal knowledge but should still record the method of identification in the certificate. Correct answer.
  2. The notary may skip identification entirely because the signer is a friend.
  3. The notary must always require a government-issued photo ID regardless of personal knowledge.
  4. The notary must have a third party vouch for the signer's identity.

Explanation

Maryland law allows a notary to identify a signer by personal knowledge, but the notary should record the method used in the notarial certificate. Personal knowledge does not eliminate the need to document how identity was verified.

Question 39Notarial Acts and Allowable Actions a Notary May Perform

Which of the following best describes the notary's role when performing a jurat?

  1. The notary certifies that the document is a true copy of an original.
  2. The notary certifies that the signer personally appeared and swore to or affirmed the truth of the document's contents. Correct answer.
  3. The notary certifies that the signer is the person named in the document without administering an oath.
  4. The notary certifies that the signer acknowledged executing the document voluntarily.

Explanation

A jurat is a notarial act in which the notary certifies that the signer appeared and swore to or affirmed the truth of the document's contents. This differs from an acknowledgment, which does not involve an oath.

Question 40Notarial Acts and Allowable Actions a Notary May Perform

A Maryland notary is asked to perform a notarial act on a document that the notary has previously notarized and that has since been altered without the notary's knowledge. What should the notary do?

  1. Refuse to notarize the altered document and inform the signer that the alterations must be addressed. Correct answer.
  2. Ask the signer to sign a new document without addressing the alterations.
  3. Notarize the document but add a note that the notary is not responsible for alterations.
  4. Notarize the altered document again without reviewing the changes.

Explanation

A notary should not notarize a document that has been altered without proper explanation, as doing so could facilitate fraud. The notary should refuse and advise the signer to correct the alterations.

Question 41Stamping Device and Journal Requirements

Under Maryland notary law, which element must appear on the official stamp or seal that a notary public uses to authenticate a notarial act?

  1. The notary's home street address
  2. The notary's commission expiration date Correct answer.
  3. The name of the county where the notary was born
  4. The signature of the notary's employer

Explanation

Maryland requires the notarial stamp to identify the notary, show the commission status, and include the date the commission expires. The expiration date lets a reader confirm the notary was still commissioned when the act was performed. Personal addresses and employer signatures are not required elements of the stamp.

Question 42Stamping Device and Journal Requirements

A Maryland notary's stamp is designed so that the required information appears in a fixed format. Which characteristic must the stamp itself have to be acceptable?

  1. It must be capable of leaving a legible impression Correct answer.
  2. It must contain the notary's photograph
  3. It must be applied only in blue ink
  4. It must be ordered from a state-approved vendor

Explanation

The controlling requirement is legibility: the stamp or seal must produce a clear, reproducible impression of the required information. Color preferences and vendor approval are not statutory conditions. A photograph is not a required stamp element.

Question 43Stamping Device and Journal Requirements

Which item is a required component of the Maryland notarial stamp or seal impression?

  1. The name of the document signer
  2. The notary's commission number Correct answer.
  3. The notary's date of birth
  4. The type of identification presented

Explanation

The stamp must show the notary's name, the commission number or identifying information, the expiration date of the commission, and wording identifying the notary public. The signer's name and identification details belong in the journal, not the stamp.

Question 44Stamping Device and Journal Requirements

Maryland requires a notary public to keep a journal of notarial acts. Which statement best describes the general recordkeeping duty?

  1. A journal is required only after the notary's first renewal
  2. A journal must be maintained for each notarial act performed Correct answer.
  3. A journal is optional if the notary keeps receipts
  4. A journal is required only for real estate documents

Explanation

Maryland notaries must keep a chronological journal recording each notarial act they perform. The duty applies from the start of the commission and is not limited to particular document types. Keeping receipts is not a substitute for the journal.

Question 45Stamping Device and Journal Requirements

A Maryland notary completes a jurat for a client. What information should the notary enter in the journal about the notarial act?

  1. The type of notarial act performed and the date Correct answer.
  2. The notary's opinion of the signer's honesty
  3. The client's employer and job title
  4. Only the fee charged

Explanation

The journal entry should identify the date of the act and the type of notarial act, such as an acknowledgment or jurat. It also captures signer identification and signature. Fees, employment details, and personal opinions are not the journal's purpose.

Question 46Stamping Device and Journal Requirements

For a notarial act involving a signer the notary does not personally know, what identification information does Maryland require the notary to record in the journal?

  1. The type of identification and any identifying number Correct answer.
  2. The signer's social security number
  3. The name of the signer's bank
  4. The signer's vehicle license plate

Explanation

The journal must document how the signer was identified, including the type of identification document and its identifying number. This creates a verifiable record of the identification method used. Social security numbers and unrelated details are not required and should be avoided.

Question 47Stamping Device and Journal Requirements

What must a Maryland notary do with the journal when the notary's commission ends?

  1. Give it to the notary's largest client
  2. Retain it for the period required by law and keep it available for inspection Correct answer.
  3. Turn it over to the Secretary of State
  4. Destroy it after thirty days

Explanation

Maryland requires notaries to preserve their journals for a set period after the last entry and to make them available for inspection by authorized parties. Journals are not destroyed at the end of a commission or handed to clients. The Secretary of State does not automatically take custody of every journal.

Question 48Stamping Device and Journal Requirements

A Maryland notary is asked to notarize a document but has misplaced the official stamp. What is the proper course of action?

  1. Notarize without any stamp and note the omission
  2. Sign and seal using a handwritten seal drawing
  3. Obtain or replace the stamp before performing the notarial act Correct answer.
  4. Borrow another notary's stamp temporarily

Explanation

A notarial act must be authenticated with the notary's own official stamp or seal. Using a borrowed stamp or a hand-drawn substitute misrepresents the notarial act. The notary should obtain a proper stamp before proceeding.

Question 49Stamping Device and Journal Requirements

A document presented to a Maryland notary contains one acknowledgment and one jurat for the same signer on the same date. How should the notary handle the journal?

  1. Record each notarial act as a separate journal entry Correct answer.
  2. Record a single entry noting that multiple acts occurred
  3. Skip the journal because the acts are on one document
  4. Record only the acknowledgment because it came first

Explanation

The journal is a chronological record of each notarial act, so two distinct acts require two entries even when they appear on the same document. Combining them obscures the specific act performed. The journal requirement is not waived by document consolidation.

Question 50Stamping Device and Journal Requirements

A Maryland notary's journal contains an entry with a blank where the signer's signature should be. What is the most accurate statement about this entry?

  1. It is deficient because the journal should capture the signer's signature Correct answer.
  2. It is acceptable if the notary remembers the signer
  3. It is acceptable if the fee was paid in cash
  4. It is acceptable because the notary's certificate is separate

Explanation

Maryland's journal requirements include obtaining the signature of the person for whom the notarial act is performed. A missing signature leaves the entry incomplete and undermines the journal's evidentiary value. The method of payment does not cure the deficiency.