Notary Public Study Guide Exam Questions with Complete Solutions, Exams of Nursing

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Notary Public Study Guide Exam

Questions with Complete Solutions

A notary is defined as a _____________________ - ANS: Public Officer whose function is to attest and certify the signing of documents. A Notary Public is responsible for ADMINISTERING OATHS? (True or False) - ANS: True A Notary Public PRACTICES LAW? (True or False) - ANS: False A Notary Public WITNESSES THE SIGNING OF DOCUMENTS? (True or False) - ANS: True A Notary Public allows people to USE A BIRTH CERTIFICATE AS PROPER IDENTIFICATION? (True or False) - ANS: False A Notary Public ATTESTS TO THE IDENTITY OF THE SIGNERS OF THE DOCUMENT. (True or False) - ANS: True A Notary Public notes PROTESTS and ____________? - ANS: takes acknowledgments of documents Although a Notary Public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless a _____________? - ANS: public officer and as such us required to provide notarial service to the general public. A Government Notary whose fees and bond are waived, is limited by law to performing notarial services pertaining to the business of the government. (True or False) - ANS: True

At what point does a Government Notary perform notarial services outside of business of the government? - ANS: Where the occasion is deemed by the head of the department of the governmental unit to be of URGENT NECESSITY and CONVENIENCE. In Hawaii, to be eligible for a notary public commission, the applicant must be: (List 3 Requirements) - ANS: A U.S. citizen; Hawaii Resident; and at least 18 years of age. Application for a Notary Public Commission is made on forms provided by: - ANS: the Attorney General. After approval of an applicant by the Attorney General, the applicant is required to take a written closed-book examination covering the ___________ _____ and _____________ _____________ that apply to notaries public. - ANS: Statutory laws; Administrative Rules What is the passing score on the written examination for Notary Public Commission? - ANS: 80 Percent The Attorney General may, in the Attorney General's discretion, appoint and commission such number of notaries public for the State as the Attorney General deems necessary for the public good and convenience. (True or False) - ANS: True What is the term of office of a Notary Public? - ANS: Four Years When does ones Notary Public Commission expire? - ANS: Four Years from the date of the notary's commission. Can the Attorney General remove or revoke ones commission at any time? (True or False) - ANS: True Each notary shall, upon ANY CHANGES in the notary's office, occupation, residence, or employment, report the same in writing to the Attorney General within ______ days of the change. - ANS: 30

Each Notary Public shall be responsible for renewing the Notary Public's commission on a timely basis and satisfying the renewal requirements provided by law. (True or False) - ANS: True The failure to renew a commission in a timely manner may cause the commission to be __________, if the Attorney General finds that the failure was done knowingly. - ANS: Forfeited The commission of a Notary Public is forfeited if the Notary Public __________ fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of expiration of the Notary Public's commission. - ANS: Knowingly The commission of a Notary Public is forfeited if the Notary Public knowingly fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of __________ of the Notary Public's commission. - ANS: Expiration Any Notary seeking to restore the notary's forfeited commission more than _________ from the date of expiration of the commission shall reapply as a new applicant for a notary public commission. - ANS: one year Any Notary seeking to restore the notary's forfeited commission more than one year from the date of expiration of the commission shall ______ __ _ ____ ________ for a notary public commission. - ANS: reapply as a new applicant The Attorney General subject to chapter 91, Hawaii Revised Sautes (HRS), may prescribe such rules as the Attorney General deems advisable concerning the administration of chapter 456, HRS, the appointment and duties of notaries public, and the duties of other officers there under. (True or False) - ANS: True When was the Chapter 5-11, Hawaii Administrative Rules (HAR), governing the practices and procedures of notaries commissioned in Hawaii, adopted? - ANS: May 5, 2008 Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an _______ ___ __ ____or a rubber stamp facsimile seal. - ANS: engraved seal of office

Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an engraved seal of office or a ____ ____ ______ _____. - ANS: rubber stamp facsimile seal Notarial seals must be ___________ in shape. - ANS: circular Notarial seals must be no larger than _______________ in diameter. - ANS: 2 inches List (4) items that are required to be on the Notarial seal. - ANS: 1. the Notary's name

2. commission number
3. "State of Hawaii"
4. "Notary Public" The notary public shall __________ all the notary's official acts, attestations, certificates, and instruments therewith, and shall always add to an official signature the types or printed name of the notary and a statement showing the date that the notary's commission expires. - ANS: authenticate Upon resignation, death, expiration of term of office without reappointment, or removal from the abandonment of office, the notary public shall ______________ deliver the notary's seal to the Attorney General for defacement or destruction. - ANS: immediately If any notary fails to deliver the seal within ____ days of the date of the notary's resignation, expiration of term of office without reappointment, or removal from or abandonment of office, or if the notary's personal representative fails to comply within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no more than $200 , in the discretion of the court, to be recovered in an action to be brought by the Attorney General on behalf of the state. - ANS: 90 If any notary fails to deliver the seal within ninety days of the date of the notary's resignation, expiration of term of office without reappointment, or removal from or abandonment of office, or if the notary's personal representative fails to comply within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no more than $_____, in the discretion of the court, to be recovered in an action to be brought by the Attorney General on behalf of the state. - ANS: 200

A notary must sign the notary's official signature in a different manner as it appears on the notary's seal. (True or False) - ANS: False A notary must never add to the notary's official signature the date of the expiration of the notary's commission as a notary public. (True or False) - ANS: False What must every notary, after being commissioned, submit to the clerk of the circuit court of the circuit in which the notary resides? (List 3 items) - ANS: 1. Photocopy of the Notary's commission

2. Impression of the notary's seal
3. Specimen of the notary's official Signature What is Authentication? - ANS: When a clerk of any circuit requests and certifies to the official character and acts of any such notary. When is Authentication usually required? - ANS: When a document notarized by a local notary public is sent to another state or country. Authentication is also done by the Office of _______________. - ANS: Lieutenant Governor Each notary public forthwith an before entering upon the duties of the notary's office shall execute, at the expense of the notary or the notary's company, an official surety bond which shall be in the sum of $_________________. - ANS: 1, Each bond shall be approved by a ______ __ ____ _______ _______ of the circuit in which the notary resides. - ANS: judge of the circuit court The clerk shall keep a book to be called the "_________ ________", in which the clerk shall record such data in respect to each of the bonds deposited and filed in the clerk's office as the Attorney General may direct. - ANS: Bond Record

In the performance of a notarial act, a notary's liability shall be limited to a failure by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act. (True or False) - ANS: True In the performance of a notarial act, a notary's liability shall not be limited to a success by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act. (True or False) - ANS: False For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary's official bond, the notary and the surety on the notary's official bond shall be __________ to the party injured thereby for all the damages sustained. - ANS: liable The party shall have a right of action in the party's own name upon the bond and may prosecute the action to _____ ______ and __________. - ANS: Final judgement; execution What is a Notarial Record Book? - ANS: Where the notary public records at length all acts, protests, depositions, and other things, noted or done in the notary's official capacity. All copies or certificates granted by the ntary shall by under the ______ ________ and _______ ______, and shall be received as evidence of such transactions. - ANS: notary's hand; notarial seal For each official act, the notary shall enter in the book:

1. The _____, _______, and _______ of day of the notarial act. - ANS: type; date; time For each official act, the notary shall enter in the book:
2. The ________ or ________ and _________ of the document or proceeding. - ANS: title; type; date For each official act, the notary shall enter in the book:

3. The _____________, _________ _______, and ____________ of each person whose signature is notarized and of each witness; - ANS: signature; printed name; address For each official act, the notary shall enter in the book:
4. Other parties to the __________________ - ANS: instrument For each official act, the notary shall enter in the book:
5. The manner in which the signer was _________________. - ANS: identified The record book shall be bound with a soft cover and shall not exceed _________ inches in height. - ANS: 11 The record book shall not exceed ________ and _____ _______ inches in width when fully opened. - ANS: sixteen; one half The pages in the record book shall be ____________ numbered. - ANS: consecutively The notary public shall always provide and print legibly on the information page of each record book the notary public's ________, business ____________, commission ____________, commission ______________ date, the____________ number, and the beginning and ending dates of the notarial acts recorded in that book. - ANS: name; address; number; expiration; book The notary public shall always print legibly the notary public's name on the top _______ corner and the notary public's commission number on the top _________ corner of each set of pages of transactions in each record book. - ANS: left; right The records of each notary public shall be deposited with the ________________ ________________ upon the resignation, death, expiration of each term of office, or removal from or abandonment of office. - ANS: Attorney General

If any notary fails to comply within ninety days of the date of resignation, expiration of any term of office, or removal from or abandonment of office, or if the notary's personal representative fails to comply within ninety days of the notary's death, then the notary or the notary's personal representative shall forfeit to the State not less than $______ nor more than $______, in the discretion of the court, in an action brought by the Attorney General on behalf of the state. - ANS: 50; 500 A notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States. (True or False) - ANS: True A notary public in government service, shall perform, with charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States. (True or False) - ANS: False a notary public in government service shall: Be authorized to perform the duties of a notary public in one or more of the __________ __________ of the state as the Attorney General shall designate; - ANS: judicial circuits a notary public in government service shall not be required to: _______ any fee to the clerk of any circuit court for filing a copy of the notary's commission. - ANS: Pay a notary public in government service shall not be required to: _______ any fee to the Attorney General for the issuance of the notary's commission or the renewal thereof; - ANS: Pay a notary public in government service shall not be required to: Furnish and file an official _______ unless that bond is required by the head of the department in which the notary is a subordinate. - ANS: bond a notary public in government service shall:

Not demand or receive any _____ for the notary's service as a notary public. - ANS: fee a notary public in government service shall not be: compelled to, administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and deposited into the notaries public _________ ______ established by HRS 456-9.5. - ANS: revolving fund a notary public in government service: .............Except that if that fund is terminated, the fees shall be deposited into the general fund of the _______________. - ANS: state With prior written approval by the Attorney General, the notary public, upon paying the fees prescribed by law an upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters _________ pertaining to such government business. - ANS: not A notary is defined as a "public officer whose function is to attest and certify, by the notary's hand and official _______, certain classes of ______________, in order to give them credit and _______________ in foreign jurisdictions, to take acknowledgments of deeds and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters." - ANS: seal; documents; authenticity A document is notarized in order to protect persons signing an important document. (True or False) - ANS: True A document is notarized in order to protect others signing an important document. (True or False) - ANS: False Getting a document assures the parties to an ___________ that this particular document and no other is the authentic document which is intended to be given full force and effect. - ANS: agreement The recent adoption of HAR __-____ helps prevent the fraudulent use of notarizes documents and seals

• ANS: 5-

Specifically, HAR --___ requires a notary to evidence every acknowledgment or jurat with a certificate describing the document and is intended to prevent a page with an acknowledgment or a jurat from being detached from it's original document and then "switched" or reattached to another document for fraudulent purposes. - ANS: 5-11- HAR 5-11-8 specifies that the notary list the number of pages of each notarized document and provide an _______________ or description of the notarized document "in close proximity" to the acknowledgment or jurat. - ANS: identification A notary must perform the notary's official duties with __________, __________, and ______. - ANS: Integrity; diligence; skill The notary's duty is not confined to the one to whom the notary directly renders service, but it extends to ____ _______ who may be affected by the notary's act. - ANS: all persons The powers and duties vested in the notary are personal to the notary and should never be ______________. - ANS: delegated Under Hawaii law, the duties of a notary public are generally confined to performing the following notarial acts: Taking an _________________. - ANS: acknowledgment Under Hawaii law, the duties of a notary public are generally confined to performing the following notarial acts: Administering an _________, ___________, or ______________. - ANS: oath; affirmation; affidavit Under Hawaii law, the duties of a notary public are generally confined to performing the following notarial acts: Taking a __________________. - ANS: deposition

Under Hawaii law, the duties of a notary public are generally confined to performing the following notarial acts: ___________ a protest. - ANS: Noting An acknowledgment is a ___________ __________ or formal statement of the person executing (signing) an instrument made to the official authorized to take the acknowledgment, that the execution of such instrument was his or her free act and deed. - ANS: public declaration The written evidence of an ___________________ is the certificate of the officer who wakes the acknowledgment, which states in substance that the person named it the acknowledgment was known to and appeared before the officer and acknowledged the instrument to be the person's act and deed - ANS: acknowledgment An oath is "a solemn _______ or ____________ made by a person (often called the affiant) with an appeal to God, or a Supreme Being, to attest to the truth of the person's words. - ANS: pledge; promise An affirmation is "a solemn ___________ or _____________ made as a substitute for a sworn statement by a person whose conscience will not permit the person to swear at all. - ANS: statement; declaration An affirmation is a pledge of ones __________. - ANS: honor An affidavit is "a written or printed ____________ ____ ______, made voluntarily, and under oath or affirmation of the party making it, taken before an officer having authority to administer such oath." - ANS: statement of facts The term Deposition is sometimes used in a broad sense to describe any written statement verified by oath; but in it's more technical and appropriate sense, the meaning of the word is limited to the written testimony of a witness given in the course of a judicial proceeding, either at law or in equity, _________ to the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. - ANS: prior What is deposition? - ANS: a witnesses sworn out of court testimony

A protest is a "formal _____________ made by a person in interest or concerned in some act about to be done, or already performed, whereby the person expresses the person's dissent to _______________, or affirms the act against the person's will. - ANS: declaration; disapproval As a general rule, a notary public cannot certify to, or act in, a matter in which the notary has a _________ __________. - ANS: personal interest A notary is allowed to notarize their own signature (True or False) - ANS: False A notary's should never, under any circumstances, notarize the notary's own signature. (True or False) - ANS: True The most important obligation a notary has to the public the notary serves is to judge what acts constitute the practice of ____ and what acts constitute the practice of a _______ ________. - ANS: law; notary public As a general rule, "the notarization of a document that has been written in a foreign language should only be performed by a notary who has a thorough understanding of the foreign language in which the document and/or notarial certificate are written." (True or False) - ANS: True The notary should avoid being placed in the position of having to decide whether a person is sufficiently ______________to fully understand the agreement the person is signing or the oath or affidavit the person is taking. - ANS: competent The notary should either seek counsel from the notary's own attorney or advise the party who appears to be ___________________ to go to an attorney. - ANS: incompetent If a person is declared to have been imcompetent at the time the agreement was signed and notarized, the agreement could be declared _______ and _________. - ANS: null; void

It is of utmost important that the individual who is to have a document notarized personally ____________ before the notary public. - ANS: appear A notarization over the phone is absolutely forbidden. (True or False) - ANS: True A notarization over the phone is acceptable (True or False) - ANS: False A notary who is not a licensed attorney may ___________ engage in the practice of law. - ANS: not If a notary attempts to assist someone in the preparation of legal papers, such acts may constitute the _________________ practice of law. - ANS: unauthorized One who has a ___________ interest in a document, no matter how small or nominal the interests, cannot act as a notary public relative to that document. - ANS: beneficial Mere relationship to a party does not _____________ a notary. - ANS: disqualify Thus, a wife who is a notary public, _______ notarize her husband's documents, provided the wife does not derive a beneficial interest therefrom. - ANS: may A notary should never notarize a document unless the notary is absolutely _____________ after reading through the notarial certificate, that whatever the notary is certifying to is true and correct. - ANS: satisfied If a person appearing before the notary physically cannot sign the person's own name or make a mark on a document presented for notarization, a notary ________ sign the name of the person, provided that the notary is satisfied that the person has voluntarily given consent for the notary to sign on the person's behalf. - ANS: may

If a person is able to make a mark on a document, the notarization forms should reflect that the person is signing by a mark. In such instances, an attorney may require the presence of at least ______ impartial witnesses to witness the signing by mark, and the notarial certificate will be drafted to reflect their presence - ANS: two A notary who willfully and knowingly breaches the notary's official duty may be liable to _______ injured as a result. - ANS: one A notary may be also liable for a ____________ performance of duty resulting in a n injury. - ANS: negligent In the event of a breach of notarial duties, the notary may be also subject to criminal liability such as:

1. ______________________: the wresting of anything of value from another by duress, force, or by any undue exercise of power - ANS: Extortion In the event of a breach of notarial duties, the notary may be also subject to criminal liability such as:
2. ______________________: the fraudulent making or altering of a writing, with the intent to deceive another and prejudice the person in some right. - ANS: Forgery In the event of a breach of notarial duties, the notary may be also subject to criminal liability such as:
3. ______________________: making in an official proceeding, under an oath required or authorized by law, a false statement which the person does not believe to be true. - ANS: Perjury In the event of a breach of notarial duties, the notary may be also subject to criminal liability such as:
4. ______________________: the willful and corrupt procuring of another to commit perjury. - ANS: Subornation "Proof of the signer's signature and identity" means:

proof of evidenced by production of a current _______________ card or document issued by the United States, this State, any other state, or a national government that contains the bearer's photograph and signature. - ANS: identification A notary commits the offense of failure to authenticate with a certification statement if the notary ____________ notarizes a document and fails to include any of the following in the notary certification:

• ANS: knowingly A notary commits the offense of failure to authenticate with a certification statement if the notary knowingly notarizes a document and fails to include any of the following in the notary certification:

1. _______ of notarization and signature of the notary public. - ANS: Date A notary commits the offense of failure to authenticate with a certification statement if the notary knowingly notarizes a document and fails to include any of the following in the notary certification:
2. The printed _______ and _______ or ________ of the notary public. - ANS: name; stamp; seal A notary commits the offense of failure to authenticate with a certification statement if the notary knowingly notarizes a document and fails to include any of the following in the notary certification:
3. Identification of the ___________ in which the notarial act is performed. - ANS: jurisdiction A notary commits the offense of failure to authenticate with a certification statement if the notary knowingly notarizes a document and fails to include any of the following in the notary certification:
4. Identification or description of the ____________ being notarized, placed in close proximity. - ANS: document A notary commits the offense of failure to authenticate with a certification statement if the notary knowingly notarizes a document and fails to include any of the following in the notary certification:

5. A statement of the number of _________ and date of the document. - ANS: date A person commits the offense of misrepresenting a notarized document in the _________ degree if the person submits or invites reliance on a document that the person knows has been altered after the document has been notarized by a notary public in this or any other jurisdiction. - ANS: first A person commits the offense of misrepresenting a notarized document in the first degree if:
6. The offense was committed with ____________ to mislead a public servant - ANS: intent A person commits the offense of misrepresenting a notarized document in the first degree if:
7. The offense was committed for ________ of commercial or private financial gain. - ANS: purpose A person commits the offense of misrepresenting a notarized document in the ____________ degree if, with intent to mislead another, the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction - ANS: second A notary public commissioned in the State of Hawaii can _______ perform the notary's duties in the State of Hawaii and not in another state or country. - ANS: only Because a notarial certificate usually requires a notary to indicate thereon the venue or location of the notarial act, a notary should be aware that the state is divided into ________ judicial circuits. - ANS: four The ________ judicial circuit the the island of Oahu and all other islands belonging to the State not hereinafter mentioned, and the district of Kalawao on the island of Molokai. [Designated Venue: City & Count of Honolulu - ANS: first The _______ judicial circuit includes the islands of Maui, Molokai (except Kalawao district), Lanai, Kahoolawe, and Molokini.

[Designated Venue: County of Maui. - ANS: second The ______ judicial circuit is the island of Hawaii. [Designated Venue: County of Hawaii] - ANS: third The _______ judicial judicial circiut includes the islands of Kauai & Niihau. [Designated Venue: County of Kauai] - ANS: fifth The notary must include on the notarized document the ________ date of the notarial act. - ANS: date In Hawaii, it is ________________ to perform notarial services on a Sunday or a Holiday. - ANS: permissible Before notarizing any document, the notary public should ____________ the document and ascertain whether there are interlineations, erasures, or other changes. - ANS: inspect If there are changes, the notary should call them to the ____________ of the person who is signing the document. - ANS: attention For the protection of the notary, it is also advisable to have the person who is signing the document _________ each interlineation, erasure, or change. - ANS: initial The State Bureau of Conveyances will not record any document that has interlineations, erasures, or other changes unless they are _________ by the notary. - ANS: initialed No document can be __________ for recording solely based on errors or inconsistencies in the certification statement required by HAR 5-11-8 - ANS: rejected Every notary ______ administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. - ANS: may

An _________ is a solemn pledge made by a person (often referred to a the "affiant") with an appeal to God or a Supreme Being to swear to the truth of the person's statement. - ANS: oath When an affiant's conscience will not permit the affiant to use the term "swear" an _______________ is permissible. - ANS: affirmation In and affirmation, the term "__________" should be used in replace of the term "swear." - ANS: affirm In all cases, whether it is an oath or affirmation, the notary should respect the solemnity of the oath and require the affiant to raise the affiant's __________ hand before administering the oath. - ANS: right The following is an example of an oath or affirmation taken by public officers: "You do solemnly __________ or _________ that you will support and defend the Constitution of the United States and the Constitution of the State of Hawaii, and that you will faithfully discharge your duties to the best of your ability. - ANS: swear; affirm The person to whom the oath has been administered answers "_ ___" - ANS: I do An ____________ is a written or printed statement of facts, made voluntarily and under oath or affirmation of the party making it, taken before an officer who has authority to administer an oath. - ANS: affidavit In other words, an ____________ is an oath that has been put in writing and signed by the affiant. - ANS: affidavit Before administering and oath in connection with an affidavit, the notary should require the affiant to raise the affiant's ________. - ANS: hand The following is an example of an oath that can be administered with an ____________:

"You do solemnly swear or affirm that the statements made in this affidavit are the truth, the whole truth, and nothing but the truth." - ANS: affidavit When administering and oath in connection with an affidavit, the affiant answers: "_ ____" - ANS: I do The notary then add's the notary's "__________" which states that the person appeared before the notary and signed the affidavit. - ANS: jurat The notary signs a __________, prints, or stamps the notary's commission expiration date, and impresses the notary's official seal. - ANS: jurat The essential parts of an affidavit are:

1. The ____________. The venue is the place where the notary is performing the notarial act. - ANS: venue In Hawaii, the following is and example of the Venue portion. STATE OF HAWAII ) ) SS. STATE OF MAUI ) The letters "SS" are an abbreviation for the latin word "scilicet", which means "__________" or "more particularly __________________ as". - ANS: namely; described The essential parts of an affidavit are:
2. The _______ of the affidavit. - ANS: body The body of the affidavit is the _______ ___________ of the affiant. It is usually preceded by an introductory statement.

Example: "John Doe, being the first duly sworn on oath, deposes and says." - ANS: sworn statement The essential parts of an affidavit are:

3. The ______________ of the affiant. - ANS: signature The essential parts of an affidavit are:
4. The _______. This is the portion of the affidavit commonly referred to as the "subscribed and sworn to" clause. - ANS: jurat A _______ is a notary's statement that the affiant appeared before the notary on a certain day, took the oath, and signed the statement; in other words, that the notary actually witnessed the affiant's signature. - ANS: jurat The following is the customary form for a _________: "Subscribed and swron to before me this _____________ day of _________________, 20______." - ANS: jurat The essential parts of an affidavit are:
5. The ___________, _______, and commission _________________ date of the notary/ - ANS: signature; seal; expiration The following is an example of an ___________________: AFFIDAVIT OF KIMO SMITH STATE OF HAWAII )

) SS.

STATE OF MAUI )

KIMO SMITH, being first duly sworn on oath, deposes and says:

1. That he is the affiant herein;
2. That he is resident of the City and County of Honolulu, State of Hawaii
3. That he has read the affidavit and knows the contents thereof; and
4. That the said affidavit is true to the best of the affiant's knowledge and belief. Further affiant sayeth not. (Signature of Kimo Smith)

   ---

Subscribed and sworn to before me this _____ day of _______________, 20__________. (Signature of Notary Public) -------------------------------- (SEAL) (Print name of Notary Public) My commission expires: ____(expiration date)____ - ANS: affidavit An ______________________ is a formal declaration before an authorized official by a person, who has executed a formal or legal written document that the execution of the document was the person's free act and deed. - ANS: acknowledgment

The fundamental purpose of the acknowledgment is to insure the ___________________ and __________________ of the signature. - ANS: authenticity; voluntariness Before _________________ an acknowledgment, a notary must either have personal knowledge of the individual who makes it, or be satisfied of the individual's identity by thorough precaution (e.g., checking identification cards.) - ANS: certifying An acknowledgment usually states in substance that the person named therein was known to an _____________ before the notary and acknowledged the instrument to be the person's free act and deed. - ANS: appeared The general form of an acknowledgment includes the following parts:

1. The ____________ - ANS: venue The general form of an acknowledgment includes the following parts:
2. The _________ of the notarial act, which is the date the notary signs the acknowledgment. - ANS: date The general form of an acknowledgment includes the following parts:
3. The __________ of the acknowledgment - ANS: body The body of the acknowledgment includes:

• a statement relative to the presence of the signer. Example: "..personally _____________ before me" (If a person whose signature is notarized did not actually appear before the notary, the notary could be found guilty of perjury for signing a false statement.). - ANS: appeared The body of the acknowledgment includes:

-the _________________ of the signer or signers. There is usually a blank space provided for the notary to fill the name of the signer. The notary should insert the name carefully, making sure that the name on the document or instrument agrees exactly with the name inserted in the acknowledgment. - ANS: identity If the signer's middle name is spelled out on the instrument, the notary should spell it out in the acknowledgment and make sure that the party signs the person's full name _________ as it appears on the document. - ANS: appears The body of the acknowledgment includes:

_______________ of the signer. Example: "... to me known to be the person described in and who executed the forgoing instrument..." A notary must thus either have personal knowledge of the signer, personal familiarity with the signature of the signer, or be satisfied of the person's identity by comparing the signature of the signer with the signatures and photograph of a current ID card or document issued by the United States, this State, any other state, or a national government. - ANS: identification The body of the acknowledgment includes: -a statement of voluntary ____________________. Example: "... and acknowledged that he executed the same as his free act and deed." - ANS: acknowledgment The notary should always ask the signer to _________, _________________, or _________________ that the person is aware of the terms and existence of the instrument the person has signed, and that the person signed the same freely and willingly. - ANS: admit; recognize; acknowledge The body of the acknowledgment includes: -Testimonial ____________. Example: "In witness whereof, I have hereunto set my hand and official seal." - ANS: clause The following is an example of an ________________________ for an individual:

STATE OF HAWAII )

) SS.

COUNTY OF MAUI )

On this ______ day of ____________, 20_______, before me personally appeared John Doe, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Witness my hand and seal. (SEAL) (Signature of Notary Public)

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Print name of Notary Public My commission expires: ________ - ANS: acknowledgment The following is an example of an ____________ ____________ for an individual: STATE OF HAWAII ) ) SS. COUNTY OF MAUI ) On this ______ day of ____________, 20_______, before me personally appeared John Doe and James Smith, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of XYZ Corporation, and that the seal affixed to the instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its board of directors, and John Doe and James Smith acknowledged the instrument to be the free act and deed of the corporation. (SEAL) (Signature of Notary Public)

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Print name of Notary Public My commission expires: ________ - ANS: corporate acknowledgment If the corporation has _____ corporate seal, the notary should line out and initial "the seal affixed to the instrument is the corporate seal of the corporation" and add "and that the corporation has no corporate seal." - ANS: no The following is an example of an acknowledgment of an individual acting by _________ _____ ___________: STATE OF HAWAII ) ) SS. COUNTY OF KAUAI ) On this ______ day of ___________, 20______, before me personally appeared Jane Smith, to me known to be the person who executed the foregoing instrument on behalf og Greg Thompson and acknowledged that she executed the same as the free act and deed of said Greg Thompson. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) (Signature of Notary Public)

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Print name of Notary Public My commission expires: _______ - ANS: power of attorney An acknowledgment of an individual acting by power of attorney should ____________ be notarized unless the notary is completely satisfied that the attorney-in-fact does indeed have the authority to sign the instrument for the individual executing the instrument, and that the power of the attorney is in full force and effect. - ANS: never Every acknowledgment or jurat shall be evidenced by a _____________ signed and dated by a notary public. - ANS: certificate