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Michigan Notary practice questions

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Question 1Michigan notary law and duties

In Michigan, a notary public commission is issued by which office?

  1. The governor's office
  2. The Secretary of State Correct answer.
  3. The county clerk where the notary resides
  4. The state court administrator

Explanation

Michigan notary public commissions are granted through the Secretary of State, which administers the application, examination, and commission process. County clerks handle filing of the notary bond and oath but do not issue the commission itself.

Question 2Michigan notary law and duties

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

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

Explanation

A Michigan notary public is commissioned for a term of six years. A notary who wishes to continue must apply for a new commission before the term expires.

Question 3Michigan notary law and duties

Before performing notarial acts, a newly commissioned Michigan notary must obtain a surety bond in what amount?

  1. $10,000 Correct answer.
  2. $5,000
  3. $1,000
  4. $25,000

Explanation

Michigan requires a notary public to be covered by a $10,000 surety bond before performing notarial acts. The bond is filed with the county clerk along with the oath of office.

Question 4Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document written entirely in a language the notary cannot read. What is the notary's proper course of action?

  1. Proceed if the signer can explain the document to the notary's satisfaction Correct answer.
  2. Proceed only after a certified translator signs a separate affidavit
  3. Refuse, because the notary must be able to read the document's full text
  4. Refuse, because a notary may only notarize documents in English

Explanation

A notary certifies the identity of the signer and the voluntary nature of the signature, not the truth or content of the document. If the signer can communicate with the notary and the notary can identify the signer, the notarial act may proceed even if the document is in another language.

Question 5Michigan notary law and duties

Which element is required for a valid acknowledgment in Michigan?

  1. The document must be recorded with the county register of deeds
  2. The signer must personally appear before the notary Correct answer.
  3. The signer must swear or affirm to the truth of the document
  4. Two witnesses must observe the signing

Explanation

An acknowledgment requires the signer to personally appear before the notary, who then confirms the signer's identity and that the signature was voluntarily made. Swearing to truth is a jurat, and witnesses or recording are separate requirements.

Question 6Michigan notary law and duties

A Michigan notary is completing a jurat. What must the notary administer to the signer?

  1. A reading of the entire document
  2. A verbal warning about perjury
  3. A fingerprint impression
  4. An oath or affirmation Correct answer.

Explanation

A jurat certifies that the signer appeared, was identified, and swore or affirmed to the truth of the document's contents. The notary must actually administer the oath or affirmation rather than merely signing the certificate.

Question 7Michigan notary law and duties

How must a Michigan notary verify the identity of a signer appearing in person?

  1. By a utility bill in the signer's name only
  2. By the notary's personal knowledge or a government-issued photo identification Correct answer.
  3. By the signer's verbal statement of name and address
  4. By another notary's written referral

Explanation

Michigan permits identity verification through the notary's personal knowledge of the signer or through satisfactory evidence such as a government-issued photo ID. A mere statement or non-photo document is not sufficient satisfactory evidence.

Question 8Michigan notary law and duties

A notary's term expires on June 30. On July 5, the notary performs a notarization without having obtained a new commission. What is the status of that act?

  1. It is valid because the notary previously held a commission
  2. It is valid if the signer did not notice the expiration
  3. It is valid if performed without a fee
  4. It is void because the notary's commission had expired Correct answer.

Explanation

A notarial act performed after the commission expires is invalid because the person no longer holds notarial authority. The notary must be commissioned at the time of the act for the certificate to be effective.

Question 9Michigan notary law and duties

What is the fee a Michigan notary may charge for a single notarial act?

  1. Up to $50
  2. Up to $10 Correct answer.
  3. Up to $2
  4. Up to $25

Explanation

Michigan sets a maximum fee of $10 per notarial act. Charging more than the statutory maximum is prohibited, though a notary may decline to charge at all.

Question 10Michigan notary law and duties

A Michigan notary is asked to notarize a document in which the notary is named as a beneficiary. What should the notary do?

  1. Notarize the document because beneficiaries are not disqualified
  2. Notarize only if a second notary also signs
  3. Decline to notarize because the notary has a disqualifying interest Correct answer.
  4. Notarize the document but note the interest in the certificate

Explanation

A notary may not perform a notarial act concerning a document in which the notary has a direct beneficial interest. Doing so compromises the impartiality the office requires and is prohibited.

Question 11Michigan notary law and duties

Which statement about a Michigan notary's official seal is correct?

  1. The seal may be omitted if the notary signs in ink
  2. The seal must be embossed rather than inked
  3. The seal must include the notary's commission expiration date Correct answer.
  4. The seal may be applied only by the signer

Explanation

Michigan requires the notary's official seal to contain identifying information, including the notary's name and commission expiration date. The seal is applied by the notary to authenticate the notarial certificate.

Question 12Michigan notary law and duties

A signer appears before a Michigan notary but cannot produce identification and is unknown to the notary. What is the notary's best response?

  1. Decline to notarize until satisfactory evidence of identity is presented Correct answer.
  2. Notarize and write 'identity unverified' on the certificate
  3. Ask a bystander to vouch for the signer
  4. Notarize if the signer recites a social security number

Explanation

The notary must have satisfactory evidence of identity before performing the act. Without personal knowledge or acceptable identification, the notary should decline until proper evidence is provided.

Question 13Michigan notary law and duties

When may a Michigan notary certify a copy of a document?

  1. Only for out-of-state documents
  2. Never, because copy certification is reserved for the Secretary of State
  3. Only for documents the notary personally prepared
  4. Only when the notary can compare the copy to the original Correct answer.

Explanation

A notary may certify a copy when the original is presented and the notary can compare it to the copy to confirm it is accurate. The notary should not certify copies of public records that are available from the custodian.

Question 14Michigan notary law and duties

A Michigan notary's record of notarial acts must be kept for how long?

  1. One year after the act
  2. Three years after the act
  3. Five years after the act Correct answer.
  4. Indefinitely

Explanation

Michigan requires notaries to maintain a journal or record of notarial acts for a period of five years. The record supports accountability and may be inspected under statutory authority.

Question 15Michigan notary law and duties

Which entry belongs in a Michigan notary's journal for a notarial act?

  1. The signer's political affiliation
  2. The type of notarial act performed and the date Correct answer.
  3. The notary's personal opinion of the signer
  4. The fee the signer's attorney charged

Explanation

A notary journal should record the date and type of notarial act along with identifying information about the signer and document. Irrelevant personal details or third-party fees do not belong in the record.

Question 16Michigan notary law and duties

A Michigan notary is asked to perform a remote online notarization. Which statement is accurate?

  1. Remote notarization requires the signer to appear in the notary's county within 24 hours
  2. Remote notarization is permitted only if the notary is authorized and follows the statutory requirements for the technology and identity proofing Correct answer.
  3. Remote notarization is never permitted in Michigan
  4. Remote notarization is permitted for any document without additional conditions

Explanation

Michigan law allows remote notarization when the notary is properly authorized and complies with requirements for audio-video technology, identity proofing, and recordkeeping. It is not an unconditional substitute for in-person acts.

Question 17Michigan notary law and duties

What must a Michigan notary do upon learning that the official seal has been lost or stolen?

  1. Place a newspaper notice and take no other action
  2. Continue notarizing until a replacement arrives
  3. Wait until the commission expires to report it
  4. Notify the Secretary of State and take steps to prevent misuse Correct answer.

Explanation

A notary must report the loss or theft of the official seal to the Secretary of State and take reasonable steps to prevent misuse. Continuing to notarize without a proper seal would undermine the certificates issued.

Question 18Michigan notary law and duties

A Michigan notary notarizes a signature without the signer being present, relying on a phone call. What is the primary problem?

  1. The signer was not physically present as required for an in-person act Correct answer.
  2. The document lacked a cover page
  3. The notary charged an improper fee
  4. The notary used the wrong color ink

Explanation

In-person notarial acts require the signer's physical appearance before the notary. A phone call does not satisfy that requirement, so the resulting certificate is defective.

Question 19Michigan notary law and duties

Which person is eligible to apply for a Michigan notary public commission?

  1. A Michigan resident who is at least 18 years old Correct answer.
  2. A resident of another state who works in Michigan
  3. A person who is currently serving as a judge
  4. A person who has been convicted of a felony involving dishonesty without any restoration of rights

Explanation

Michigan requires notary applicants to be state residents who are at least 18 years old and otherwise qualified. Certain disqualifying conditions, such as unrehabilitated dishonesty convictions, bar commissioning.

Question 20Michigan notary law and duties

A notary's commission address changes after a move within Michigan. What is the notary's obligation?

  1. Surrender the commission and reapply
  2. No action is needed until the next renewal
  3. Obtain a new bond before notifying anyone
  4. Notify the Secretary of State of the address change Correct answer.

Explanation

A notary must keep the Secretary of State informed of a change of address so official records remain accurate. Failure to update the record can affect the validity of notices and the commission.

Question 21Michigan notary law and duties

What does a Michigan notary certify by signing an acknowledgment certificate?

  1. That the document has been filed with the state
  2. That the signer is competent to manage financial affairs
  3. That the signer appeared, was identified, and acknowledged the signature Correct answer.
  4. That the document's contents are legally accurate

Explanation

An acknowledgment certifies the signer's appearance, identity, and acknowledgment that the signature is voluntary. The notary does not vouch for the truth or legal sufficiency of the document.

Question 22Michigan notary law and duties

A Michigan notary is asked to notarize a will and is unsure whether the certificate wording is complete. What is the safest practice?

  1. Sign the certificate and leave blanks for the signer to fill in later
  2. Omit the seal to save time
  3. Have the signer draft the certificate in their own words
  4. Use a complete, statutorily recognized certificate form and complete it fully Correct answer.

Explanation

Using a complete, recognized certificate form and filling it out fully protects the validity of the act. Leaving blanks or omitting the seal creates defects that can invalidate the notarization.

Question 23Michigan notary law and duties

Which action by a Michigan notary would constitute the unauthorized practice of law?

  1. Administering an oath to an affiant
  2. Explaining the legal effect of a document and advising which document the signer should sign Correct answer.
  3. Recording the date and type of notarial act in the journal
  4. Verifying a signer's photo identification

Explanation

A notary may not give legal advice, explain legal consequences, or select documents for a signer. Those activities cross into the unauthorized practice of law, while recording, administering oaths, and verifying identity are proper notarial functions.

Question 24Michigan notary law and duties

A notary public in Michigan also works as a licensed real estate agent. Which practice is proper when notarizing a client's closing documents?

  1. Notarize the documents and charge a commission on the sale
  2. Notarize the documents and disclose the dual role while avoiding any benefit from the notarial act Correct answer.
  3. Notarize the documents only if the buyer waives the notary fee
  4. Refuse to notarize any document related to real estate

Explanation

A notary may hold another occupation, but must avoid conflicts and may not use the notarial office for personal gain beyond the allowed fee. Disclosure and impartiality preserve the integrity of the act.

Question 25Michigan notary law and duties

What is the consequence for a Michigan notary who knowingly makes a false notarial certificate?

  1. A requirement to perform free notarizations for a year
  2. No consequence if the signer consented
  3. Possible criminal liability and revocation of the commission Correct answer.
  4. Only a written warning from the county clerk

Explanation

Falsifying a notarial certificate is a serious violation that can lead to criminal prosecution and administrative action, including revocation of the commission. Consent of the signer does not excuse a false certificate.

Question 26Michigan notary law and duties

A Michigan notary is commissioned by which office?

  1. The county clerk where the notary resides
  2. The Governor's office Correct answer.
  3. The Secretary of State
  4. The Michigan Supreme Court

Explanation

Michigan notary public commissions are issued through the office of the Governor, which receives applications, reviews qualifications, and appoints notaries for the statutory term. Local county clerks may administer oaths and record documents but do not grant commissions. This centralized appointing authority is a defining feature of Michigan's notary system.

Question 27Michigan notary law and duties

What is the standard length of a Michigan notary public commission?

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

Explanation

A Michigan notary public is appointed for a term of six years, running from the effective date of the commission. Because the term is comparatively long, a notary must still track the expiration date carefully and apply for a new commission before it lapses. Performing notarial acts after expiration is unlawful.

Question 28Michigan notary law and duties

Which requirement must an applicant meet to be appointed as a Michigan notary public?

  1. Ownership of a surety bond filed with the county
  2. Membership in the State Bar of Michigan
  3. Being a resident of Michigan or maintaining a principal place of business in the state Correct answer.
  4. Registration as a voter in the county of appointment

Explanation

Michigan requires notary applicants to be at least 18 years old and to be a resident of the state or to have a principal place of business in Michigan. There is no requirement to be a lawyer, to post a surety bond, or to be a registered voter. The residency-or-business connection is what ties the notary to Michigan's jurisdiction.

Question 29Michigan notary law and duties

A Michigan notary is asked to take the acknowledgment of a person who speaks only Spanish and does not understand English. How should the notary proceed?

  1. Decline unless communication can be established through a translator so the signer understands the proceeding Correct answer.
  2. Notarize and note on the certificate that the signer appeared to nod in agreement
  3. Ask the signer to sign an English-language statement waiving translation
  4. Proceed because the signer's signature alone is sufficient proof of understanding

Explanation

A notarial act requires meaningful communication so the signer understands what is being acknowledged and sworn. If the notary and signer do not share a language, a competent translator must bridge the gap before the notary completes the certificate. Without that understanding, the notarial act is defective.

Question 30Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document written entirely in a language the notary cannot read. What is the proper course?

  1. Proceed if the notary can identify the signer and the certificate is in English Correct answer.
  2. Require the document to be re-typed in English before notarizing
  3. Refuse all notarizations in foreign languages as a matter of Michigan law
  4. Notarize only if the signer translates the entire document aloud to the notary

Explanation

A notary is not required to read or understand the underlying document; the notary's role is to identify the signer and perform the specified notarial act. The notarial certificate itself should be in English so the record is clear. Reading the document or translating it is outside the notary's duty.

Question 31Michigan notary law and duties

A Michigan notary is asked to perform a notarial act on a Saturday evening at a private home. What is the notary's position?

  1. The act is permitted only if a second notary witnesses it
  2. The act requires advance written approval from the county clerk
  3. The act is void because notarial acts may occur only during business hours
  4. The act is permitted if the notary is willing and the signer appears personally Correct answer.

Explanation

Michigan does not restrict notarial acts to business hours or to a particular location; the notary may act at any reasonable time and place where the signer appears personally. What matters is that the required personal appearance, identification, and certificate formalities are satisfied. A notary may decline for personal reasons but is not legally barred.

Question 32Michigan notary law and duties

A Michigan notary is asked to administer an oath to a witness in a court proceeding. Which statement describes the notary's authority?

  1. A notary may administer oaths and affirmations as part of the notarial office Correct answer.
  2. A notary may administer oaths only with written consent of the parties
  3. A notary may administer oaths only in the county of appointment
  4. Only a judge may administer an oath in a court proceeding

Explanation

Administering oaths and affirmations is a core power of the Michigan notary public, exercised in connection with jurats, depositions, and similar proceedings. The notary does not need judicial permission or party consent to perform this function. The power is statewide rather than limited to the county of residence.

Question 33Michigan notary law and duties

Which act is within the statutory powers of a Michigan notary public?

  1. Taking affidavits and depositions Correct answer.
  2. Certifying the authenticity of a public record held by another state
  3. Rendering legal advice about a contract
  4. Issuing subpoenas for witnesses

Explanation

Michigan notaries are authorized to take affidavits and depositions, administer oaths, take acknowledgments, and perform similar acts. Issuing subpoenas, giving legal advice, and certifying records that the notary does not hold are outside the notarial office. The notary's authority is procedural rather than adjudicative or advisory.

Question 34Michigan notary law and duties

A Michigan notary is asked to take a verification on oath or affirmation. What does this act require the notary to do?

  1. Compare the signer's signature to a prior specimen on file
  2. Obtain a fingerprint impression from the signer
  3. Witness the signer's signature only, without any oath
  4. Administer an oath or affirmation and complete a jurat-style certificate Correct answer.

Explanation

A verification on oath or affirmation requires the signer to swear or affirm the truth of the statement, and the notary records that fact in a jurat-style certificate. Merely watching a signature is an acknowledgment, not a verification. Signature comparison and fingerprinting are not part of this act.

Question 35Michigan notary law and duties

A Michigan notary is asked to certify that a copy of a document conforms to the original. Which limitation applies to this act?

  1. The notary may certify any copy regardless of who holds the original
  2. The notary may certify copies only if the original is recorded with the county
  3. The notary may certify copies only for family members
  4. The notary may certify only copies of documents the notary personally holds or has custody of Correct answer.

Explanation

Michigan allows a notary to certify that a copy conforms to an original only when the notary has custody of or access to the original document. A notary cannot vouch for a copy of a record held by someone else or by a government office. The limitation protects the reliability of certified copies.

Question 36Michigan notary law and duties

A Michigan notary is asked to perform a protest of a negotiable instrument. What is the notary's authority?

  1. Michigan notaries may make protests as part of the notarial office Correct answer.
  2. Protests may be made only by a bank officer
  3. Protests require prior court authorization
  4. Michigan notaries have no authority to protest instruments

Explanation

Making protests of negotiable instruments is among the traditional powers of a Michigan notary public, used when an instrument is dishonored. The notary records the presentment, demand, and refusal in a protest certificate. Banks and courts are not the exclusive authorities for this act.

Question 37Michigan notary law and duties

A Michigan notary is asked to notarize a document for a signer who appears by video call rather than in person. What is the correct response?

  1. Proceed because video identification is generally acceptable
  2. Decline unless the signer sends a notarized statement of identity
  3. Proceed if the notary records the call for one year
  4. Decline because the signer must appear personally before the notary Correct answer.

Explanation

Traditional Michigan notarial acts require the signer to appear personally before the notary; a video call does not satisfy that requirement for an ordinary notarization. Remote online notarization is a separate, specially authorized process with its own requirements. A notary should not treat an ordinary video call as equivalent to personal appearance.

Question 38Michigan notary law and duties

A Michigan notary is asked to notarize a document for a person the notary knows is deceased. What should the notary do?

  1. Notarize if the signature matches a prior specimen
  2. Notarize and note the circumstances in the certificate
  3. Refuse because the signer cannot personally appear and acknowledge Correct answer.
  4. Notarize if a family member signs on the deceased person's behalf

Explanation

A notarial act requires the personal appearance of the signer, who must acknowledge or swear to the document. A deceased person cannot appear, and a family member cannot sign in that person's name to satisfy a notarial requirement. The notary must decline.

Question 39Michigan notary law and duties

A Michigan notary is asked to perform a notarial act on a document the notary drafted for the signer. What is the primary concern?

  1. The notary may proceed if the signer pays an additional fee
  2. The notary risks crossing into the unauthorized practice of law and should decline the drafting role Correct answer.
  3. The notary may proceed if a second notary reviews the document
  4. The notary may proceed because drafting is a routine courtesy

Explanation

Drafting legal documents for another person is the practice of law, which a Michigan notary is not authorized to perform merely by holding a commission. A notary may complete notarial certificates but should not select documents or advise on their legal effect. Performing the notarization on a document the notary improperly drafted compounds the problem.

Question 40Michigan notary law and duties

A Michigan notary is asked by a signer which type of certificate the signer's document needs. How should the notary respond?

  1. The notary may select the certificate based on the notary's experience
  2. The notary should always use an acknowledgment because it is simpler
  3. The notary should explain the legal difference between an acknowledgment and a jurat and choose one
  4. The notary should not choose the certificate type and should refer the signer to the document's preparer or attorney Correct answer.

Explanation

Selecting the correct notarial certificate is a legal decision tied to the document and the requesting jurisdiction; it is not the notary's role to make that choice. The notary may explain what each certificate means but should let the signer or the document's preparer decide. Using a default certificate regardless of the document's needs can invalidate the act.

Question 41Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document that has no notarial certificate and no room for one. What is the best practice?

  1. Refuse because a certificate cannot be added to an existing document
  2. Sign and seal the document wherever there is blank space
  3. Write the certificate on the back of the signer's identification
  4. Attach a separate certificate that identifies the document and the act performed Correct answer.

Explanation

When a document lacks a proper certificate, the notary may attach a separate certificate that clearly identifies the document and states the notarial act performed. This preserves the integrity of the original while supplying the required record. Signing random blank space or using identification as paper is improper.

Question 42Michigan notary law and duties

A Michigan notary is asked to notarize a signature and the signer presents a current Michigan driver's license. What does this satisfy?

  1. The requirement that the signer be a Michigan citizen
  2. The identification requirement through satisfactory evidence Correct answer.
  3. The residency requirement for the signer
  4. The personal-knowledge requirement only

Explanation

A current government-issued photo identification such as a Michigan driver's license is satisfactory evidence of identity for a notarial act. It does not establish personal knowledge, residency, or citizenship, and the notary should not draw those conclusions. The notary's task is to confirm identity, not status.

Question 43Michigan notary law and duties

A Michigan notary keeps a journal of notarial acts. Which practice best protects the journal's reliability?

  1. Allowing signers to write their own entries
  2. Storing the journal in a locked location and recording entries promptly Correct answer.
  3. Erasing and rewriting entries when a mistake is made
  4. Discarding the journal at the end of each calendar year

Explanation

A journal is a record that may be relied on later, so entries should be made promptly and the journal kept secure. Corrections should be made by striking through and initialing rather than erasing, and the journal should be retained for the required period. Letting signers write entries undermines the notary's own record.

Question 44Michigan notary law and duties

A Michigan notary is asked to notarize a document for a close friend the notary has known for years, and no identification is presented. What is the proper basis for the notarial act?

  1. The notary's recollection of the friend's signature
  2. The friend's verbal assurance of identity
  3. Personal knowledge of the signer Correct answer.
  4. A photograph of the friend's passport on a phone

Explanation

Personal knowledge of the signer, based on familiarity over time, is a recognized basis for identifying a signer when no documentary identification is presented. The notary must genuinely know the person, not merely recognize a face or accept an assurance. A phone image or remembered signature is weaker and not a substitute for personal knowledge.

Question 45Michigan notary law and duties

A Michigan notary is asked to notarize a document for a signer who appears to be confused and does not understand the transaction. What should the notary do?

  1. Decline until the notary is satisfied the signer understands the act Correct answer.
  2. Proceed because the signer arrived voluntarily
  3. Notarize and note the confusion in the journal
  4. Proceed if a family member confirms the signer's intent

Explanation

A notary must be satisfied that the signer understands the nature of the act being performed. If the signer appears confused or incapacitated, the notary should pause or decline rather than proceed on a family member's assurance. Noting confusion in the journal does not cure an act performed without understanding.

Question 46Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document that the notary believes is fraudulent. What is the notary's obligation?

  1. Notarize only if the signer pays in cash
  2. Refuse to perform the act and report the suspected fraud as appropriate Correct answer.
  3. Notarize because the notary does not determine the document's truth
  4. Notarize and write 'fraud suspected' on the certificate

Explanation

Although a notary does not adjudicate the truth of a document, the notary should not participate in a transaction the notary reasonably believes is fraudulent. The proper course is to decline and, where appropriate, report the matter. Adding a disclaimer to the certificate does not cure participation in a fraudulent act.

Question 47Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document for a corporation. How should the notary identify the person appearing?

  1. Accept the person's business card as identification
  2. Require the corporation's board minutes as proof of authority
  3. Verify the person's authority to bind the corporation
  4. Identify the person as an individual appearing before the notary Correct answer.

Explanation

The notary identifies the individual who appears and takes that person's acknowledgment or oath; the notary does not investigate corporate authority or require board records. Determining whether the signer can bind the corporation is a legal question for the parties. A business card is not satisfactory identification.

Question 48Michigan notary law and duties

A Michigan notary is asked to perform a notarial act for a signer who speaks English but is hearing impaired and communicates through a sign language interpreter. What should the notary do?

  1. Require the signer to read the certificate aloud
  2. Proceed using the interpreter to ensure communication Correct answer.
  3. Refuse because an interpreter cannot be present
  4. Notarize without communication because the signer appeared

Explanation

A notary may use an interpreter to ensure the signer understands the proceeding. The interpreter facilitates communication; the notary still identifies the signer and performs the act. Refusing solely because an interpreter is needed would improperly deny service.

Question 49Michigan notary law and duties

A Michigan notary is asked to notarize a signature on a document that the signer has already signed and now wants acknowledged. What must the notary do?

  1. Take the signer's acknowledgment that the signature is the signer's own Correct answer.
  2. Require the signer to sign again in the notary's presence
  3. Compare the signature to a sample in the notary's journal
  4. Refuse because the document was signed before the notary arrived

Explanation

For an acknowledgment, the signer need not sign in the notary's presence; the signer acknowledges that the signature is genuine and voluntarily made. The notary confirms identity and records the acknowledgment. Requiring a second signature or refusing the act misunderstands the acknowledgment process.

Question 50Michigan notary law and duties

A Michigan notary is asked to witness a signature as a notary and also to serve as a witness on the same document in a non-notarial capacity. What is the best practice?

  1. Avoid serving in both roles to prevent confusion about the notary's function Correct answer.
  2. Serve in both roles only if the signer requests it
  3. Serve in both roles only if the document is a will
  4. Serve in both roles because the notary's seal covers both

Explanation

A notary should keep the notarial function distinct from any ordinary witness role so the record is clear about what the notary actually did. Combining roles can create confusion about the notary's authority and duties. The better practice is to avoid the dual role, particularly on documents like wills where witnessing rules are specific.