Oklahoma Notary flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary commission term

An Oklahoma notary public is commissioned by the Secretary of State for a four-year term and must be a legal resident of Oklahoma or maintain a principal place of business in the state.

Oath and bond filing

Before performing notarial acts, the newly commissioned notary must take the oath of office and file the official bond with the county clerk of the notary's county of residence.

Personal appearance requirement

The signer must appear physically before the notary at the time of the notarial act; Oklahoma does not authorize notarization by telephone, mail, or email alone.

Conflict of interest bar

A notary may not notarize a document in which the notary is a party, has a direct beneficial interest, or is named as a grantee, beneficiary, or assignee.

Authorized notarial acts

Oklahoma notaries may perform acknowledgments, jurats, oaths and affirmations, copy certifications, and signature witnessing where authorized by law.

Seal application timing

The notary must sign, date, and apply the official seal at the time of the notarial act and must include the commission expiration date in the certificate.

Name or address change

A notary who changes name or address must notify the Secretary of State and the county clerk within the time required by statute; failure to update may invalidate later acts.

Misuse of seal

The notary seal may be used only for notarial acts; it may not be used to advertise, endorse products, or imply official state endorsement.

Acknowledgment defined

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily; the signer need not sign in the notary's presence.

Jurat defined

A jurat certifies that the signer personally appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the document's contents.

Acceptable identification

The notary may identify a signer by personal knowledge, a government-issued photo ID, or a credible witness who personally knows the signer and is identified by the notary.

Acknowledgment question

For an acknowledgment, the notary asks whether the signer acknowledges signing the document voluntarily for its stated purpose and records the response.

Oath before signature

For a jurat, the notary must administer the oath or affirmation before the signer signs; administering the oath after signing is improper.

Signer competence check

If the signer appears confused, coerced, or intoxicated, the notary should decline the act because the signer must appear competent and free of duress.

Signature comparison

The notary compares the signature on the document with the signature on the identification or with the notary's personal knowledge of the signer's signature.

Signature by mark

If the signer cannot sign, the notary may follow statutory procedures for a signature by mark or by an authorized representative, documenting the method in the certificate.

Certificate required elements

A notarial certificate must contain venue, date, name of the person notarized, notary signature and printed name, commission expiration date, and the official seal.

Act type statement

The certificate must state the type of act performed, such as acknowledgment, jurat, oath, affirmation, or copy certification, and the signer's capacity if acting as a representative.

Seal contents

The seal must include the notary's name, the words 'Notary Public,' the state of Oklahoma, the commission number, and the commission expiration date, and must be legible.

Journal entries

The notary journal records the date, time, type of act, signer name and address, identification method, and the signer's signature for each notarial act.

Journal ownership

The notary journal is the notary's property, must be retained for the statutory period, and must be made available to the Secretary of State upon request.

Correcting errors

A completed certificate must not be altered by erasure or correction fluid; errors are corrected by a new certificate or a dated notation.

Seal on blank documents

The notary seal may not be applied to blank documents or documents the notary has not witnessed or verified; it is applied only when performing a notarial act.

Certificate placement

The certificate should be placed on or securely attached to the same document as the signature being notarized and clearly associated with that document.

Governing statutes

Oklahoma notaries are governed primarily by Title 49 of the Oklahoma Statutes and rules of the Secretary of State, which appoints and commissions notaries.

Grounds for discipline

Grounds for discipline include performing acts without required personal appearance, failing to require identification, notarizing with a conflict of interest, and making false certificates.

Penalties for violation

A notary who violates the notary statutes may face criminal penalties, civil liability, and revocation of the commission by the Secretary of State.

Statutory fee limit

Oklahoma law sets a maximum fee per notarial act; the notary must not charge more than the statutory maximum and must disclose any fee charged.

No delegation

A notary commission is personal and cannot be delegated; an employee or agent who is not commissioned may not exercise the notary's authority.

No legal advice

A notary must not provide legal advice or explain the legal effect of a document; the notary's role is limited to verifying identity and administering oaths.

Fraudulent documents

A notary may not notarize a document the notary knows is fraudulent or has reason to believe is being executed under false pretenses.

Declining outside scope

If asked to perform an act outside the scope of the commission or the law, the notary must decline and may refer the party to an attorney or the Secretary of State.