Mississippi Notary Public Knowledge Assessment — Questions and Answers

Question 1: A signer presents a foreign passport as identification. When is this generally acceptable?

Only when accompanied by a U.S. visa stamp regardless of state rules
Only if the notary speaks the passport's language
Never, since only U.S. documents are allowed
When it is current, bears a photograph, and reasonably identifies the signer (Correct answer)

Correct answer: When it is current, bears a photograph, and reasonably identifies the signer

A current foreign passport with a photograph can serve as satisfactory evidence of identity when it reasonably establishes who the signer is.

Question 2: A Mississippi notary makes an error while writing a journal entry. What is the best correction method?

Erase the entry completely
Use correction fluid to hide the mistake
Tear out the page and rewrite it
Draw a single line through the error, write the correction, and initial it (Correct answer)

Correct answer: Draw a single line through the error, write the correction, and initial it

A lined-through, initialed correction preserves the original text and shows the change was legitimate.

Question 3: A signer brings a deed to a Mississippi notary that was signed three days earlier. Which act can the notary properly perform?

A jurat, because the signature already exists
Only a copy certification of the deed
An acknowledgment, because the signer may acknowledge a prior signature (Correct answer)
Neither act, since the document was signed outside the notary's presence

Correct answer: An acknowledgment, because the signer may acknowledge a prior signature

A document may be signed before the notarization for an acknowledgment, as long as the signer personally appears and acknowledges the signature.

Question 4: Besides administrative penalties, a Mississippi notary who practices law without a license may face:

Only loss of the notary journal
Civil lawsuits from harmed customers and criminal charges (Correct answer)
Automatic conversion of their commission to attorney status
A requirement to attend law school

Correct answer: Civil lawsuits from harmed customers and criminal charges

Unauthorized practice of law exposes a notary to civil liability for damages and criminal prosecution in addition to losing the commission.

Question 5: A document written in a language the notary cannot read is presented for an acknowledgment by a signer the notary can communicate with directly. May the notary proceed?

Yes, but only after obtaining a certified translation
No, notaries may only notarize English-language documents
No, unless an interpreter signs the certificate
Yes, if the certificate is in a language the notary understands and the signer directly communicates the request (Correct answer)

Correct answer: Yes, if the certificate is in a language the notary understands and the signer directly communicates the request

The notary certifies the notarial act, not the document's contents, so a foreign-language document may generally be acknowledged if the notary and signer can communicate directly and the certificate is understandable to the notary.

Question 6: A Mississippi notary moves out of state permanently. What is the proper ethical course of action regarding their commission?

Keep notarizing during return visits
Continue until the commission naturally expires
Notify the Secretary of State and cease performing notarial acts in Mississippi (Correct answer)
Transfer the commission to a coworker

Correct answer: Notify the Secretary of State and cease performing notarial acts in Mississippi

Mississippi notaries must be residents, so permanent relocation requires notifying the state and stopping notarial acts.

Question 7: Which of the following is a legitimate way for a Mississippi notary to document fees collected?

Keeping fees only in memory
Recording the fee charged in the notary's journal entry for the act (Correct answer)
Filing each fee receipt with the chancery clerk
Reporting fees monthly to the county sheriff

Correct answer: Recording the fee charged in the notary's journal entry for the act

Noting the fee in the journal creates a reliable record of what was charged for each act.

Question 8: A Mississippi notary is asked to notarize a document written in Spanish, which she cannot read, with an English certificate she can read. She may:

Never notarize a document in a foreign language
Translate the document herself first
Sign the certificate but omit her stamp
Proceed if she can communicate directly with the signer and complete the English certificate accurately (Correct answer)

Correct answer: Proceed if she can communicate directly with the signer and complete the English certificate accurately

The notary must understand the certificate she completes and communicate with the signer, but the underlying document may be in another language.

Question 9: Where should a Mississippi notary place the official stamp on a document?

Over the signer's signature to link them together
On the back of the last page only
Near the notary's signature on the certificate, without covering any text or signatures (Correct answer)
Anywhere in the margin of the first page

Correct answer: Near the notary's signature on the certificate, without covering any text or signatures

The stamp belongs on or near the certificate and must not obscure signatures or document text.

Question 10: Which situation does NOT disqualify a Mississippi notary from performing a notarial act?

The notary is named as a beneficiary in the document
The notary is a signer of the document
The notary's spouse receives a direct benefit from the transaction
The notary is an employee of the company that drafted the document (Correct answer)

Correct answer: The notary is an employee of the company that drafted the document

Mere employment by a party generally does not disqualify a notary as long as the notary has no direct beneficial interest and is not named in the document.

Question 11: What should a Mississippi notary record in a journal or notes regarding identification, as a best practice?

The signer's full ID number and a photocopy of the card
The method of identification and the type of ID presented (Correct answer)
Only the signer's phone number
Nothing, since recording ID details is prohibited

Correct answer: The method of identification and the type of ID presented

Best practice is noting how identity was established, such as the document type, without storing unnecessary sensitive data.

Question 12: To which county does a Mississippi notary public applicant submit their application?

The county where they reside or have their principal place of business (Correct answer)
The county where they were born
Any county in Mississippi
The county where the Secretary of State's office is located

Correct answer: The county where they reside or have their principal place of business

Applicants must apply in the county where they live or maintain their principal place of business.

Question 13: Why is charging more than the maximum statutory fee an ethical violation for a Mississippi notary?

Fee caps protect the public from exploitation of an official state-granted authority (Correct answer)
Higher fees would attract too many customers
Fees are set by each county sheriff
Notaries must always work for free

Correct answer: Fee caps protect the public from exploitation of an official state-granted authority

Because notarial authority comes from the state, fee limits prevent notaries from exploiting the public office for excess profit.

Question 14: Under Mississippi Secretary of State rules, what is the maximum fee a notary may charge for a standard notarial act?

$2 per notarial act
$5 per notarial act (Correct answer)
$25 per notarial act
$10 per notarial act

Correct answer: $5 per notarial act

Mississippi caps the fee for a traditional notarial act at $5.

Question 15: A notary using an electronic journal changes computers. What must she ensure about her records?

The journal remains accessible, intact, and tamper-evident for the full retention period (Correct answer)
Old entries can be deleted once backed up to email
The vendor, not the notary, is fully responsible for the records
Records only need to survive until the commission expires

Correct answer: The journal remains accessible, intact, and tamper-evident for the full retention period

The notary remains responsible for keeping electronic journal records intact and retrievable for the entire retention period, even across technology changes.

Question 16: Can a notary perform an acknowledgment if the document was signed before the signer appears?

Only for real estate documents
Only if the signature was witnessed by someone else
No, the signer must always sign in the notary's presence for acknowledgments
Yes, the signer can acknowledge a previously signed document (Correct answer)

Correct answer: Yes, the signer can acknowledge a previously signed document

Unlike a jurat, an acknowledgment does not require the document to be signed in the notary's presence. The signer simply acknowledges to the notary that they previously signed voluntarily.

Question 17: Which activity is permitted for a Mississippi notary employed as a paralegal?

Notarizing documents prepared under a supervising attorney's direction (Correct answer)
Giving the firm's clients legal opinions when the attorney is unavailable
Signing pleadings on behalf of the attorney
Advising walk-in clients on which forms to file

Correct answer: Notarizing documents prepared under a supervising attorney's direction

A paralegal-notary may notarize attorney-prepared documents but may never independently give legal opinions or advice.

Question 18: What should a Mississippi notary do with the journal when moving out of state and ending the commission?

Shred it before crossing state lines
Sell it, since it is personal property with market value
Continue to retain it for the required period or transmit it as authorized, since moving does not erase the duty (Correct answer)
Leave it with a neighbor in Mississippi

Correct answer: Continue to retain it for the required period or transmit it as authorized, since moving does not erase the duty

Ending a commission by moving away does not end the retention obligation; the journal must still be kept or transmitted as the law allows.

Question 19: Which of these is an example of a Mississippi notary exceeding their authority?

Witnessing a signature on an affidavit with a jurat
Administering an oath to an affiant
Taking an acknowledgment on a deed
Certifying that a will is legally valid (Correct answer)

Correct answer: Certifying that a will is legally valid

Determining the legal validity of documents is a judicial or attorney function, not a notarial one.

Question 20: A Mississippi notary resigns their commission. What must happen to the journal?

It must be retained for the required period or transmitted to an approved repository (Correct answer)
It must be handed to the notary's employer permanently
It must be mailed to the Governor
It must be burned to protect signer privacy

Correct answer: It must be retained for the required period or transmitted to an approved repository

On resignation or revocation, the journal must still be retained for the retention period or deposited with an approved repository.

Question 21: A Mississippi notary performing an online (remote) notarization must indicate what on the certificate?

The brand of webcam used
That the notarial act was performed using communication technology for a remotely located individual (Correct answer)
Only the signer's IP address
Nothing different from a paper act

Correct answer: That the notarial act was performed using communication technology for a remotely located individual

The certificate for a remote notarization must indicate that the act was performed by means of communication technology.

Question 22: Which of the following is a required element of each Mississippi journal entry?

A photocopy of the notarized document
The date and time of the notarial act (Correct answer)
The signer's date of birth
The signer's Social Security number

Correct answer: The date and time of the notarial act

Each journal entry must include the date and time of the notarial act, along with details like the type of act and signer identification method.

Question 23: A Mississippi notary is asked to notarize their adult son's power of attorney naming the notary as agent. What should the notary do?

Proceed, since a power of attorney is not a financial document
Proceed if another family member witnesses
Proceed, but have the son initial each page
Decline, because the notary is named in and benefits from the document (Correct answer)

Correct answer: Decline, because the notary is named in and benefits from the document

A notary named as agent in a power of attorney has a direct interest in the document and must decline.

Question 24: A Mississippi notary performs an oath and also certifies a copy for the same client. How many fees may be charged?

Three fees, adding one for paperwork
One fee, because it was one appointment
Two fees, because two distinct notarial acts were performed (Correct answer)
None, because combined services are free

Correct answer: Two fees, because two distinct notarial acts were performed

Each authorized notarial act carries its own chargeable fee up to the maximum.

Question 25: Which of the following IDs would be LEAST reliable for verifying a signer's identity?

A current state-issued driver's license
An unexpired U.S. passport
A current U.S. military ID
A laminated employee badge from a private company (Correct answer)

Correct answer: A laminated employee badge from a private company

A private employer badge is not government-issued and lacks the security features and legal standing of official identification.

Question 26: A title company offers a Mississippi notary a commission percentage on every closing the notary 'saves' by notarizing questionable signatures. This arrangement is:

Acceptable as ordinary business incentive pay
Improper because it gives the notary an interest in the transactions (Correct answer)
Required under RESPA
Acceptable if disclosed to the signers

Correct answer: Improper because it gives the notary an interest in the transactions

Compensation tied to transaction outcomes creates a disqualifying financial interest and pressures the notary to act improperly.

Question 27: What information must a notary record in their notary journal for each notarization?

The signer's phone number and email address
The name and address of the signer only
The type of document, the amount of the fee charged, and the notary’s commission number
The date, time, type of notarial act, and the signature of the signer (Correct answer)

Correct answer: The date, time, type of notarial act, and the signature of the signer

Maintaining a detailed notary journal is a legal requirement in Mississippi. For each notarial act, the journal must record essential information, including the date and time of the act, the type of notarial act performed (e.g., acknowledgment, jurat), and the signature of the person whose signature is being notarized. This record serves as an important legal safeguard and audit trail.

Question 28: Which detail on an ID should a Mississippi notary compare against the document being notarized?

The ID number matching the document's page count
The name on the ID matching the name signed on the document (Correct answer)
The signer's height listed on the ID
The issue date of the ID matching the document date

Correct answer: The name on the ID matching the name signed on the document

The notary should confirm the name on the identification reasonably matches the name being signed and notarized.

Question 29: What is the consequence of notarizing a document despite a conflict of interest?

The signer must redo the document
The notarization may be invalidated and the notary may face disciplinary action or liability (Correct answer)
Only a verbal reprimand from the state
There are no consequences if the document is otherwise valid

Correct answer: The notarization may be invalidated and the notary may face disciplinary action or liability

A conflicted notarization may be voidable, and the notary may face commission revocation, civil liability for damages, and potential criminal charges depending on the circumstances and state law.

Question 30: In Mississippi, what happens to a notary's official misconduct liability if their surety bond pays a damaged party?

The state covers the remaining balance
The notary must reimburse the surety company for the amount paid (Correct answer)
The claim is automatically dismissed
The notary owes nothing further

Correct answer: The notary must reimburse the surety company for the amount paid

The bond protects the public, not the notary, so the surety can recover payouts from the notary personally.

Question 31: Which official issues a notary public commission in Mississippi?

The Circuit Court Clerk (Correct answer)
The Governor
The County Sheriff
The Secretary of State

Correct answer: The Circuit Court Clerk

In Mississippi, the circuit court clerk of the applicant's county issues the notary public commission.

Question 32: A signer presents a document dated in the future and asks the notary to postdate the notarial certificate to match. The notary should:

Postdate the certificate as requested
Use the actual date of the notarization on the certificate regardless of the document's date (Correct answer)
Leave the certificate date blank for the signer to complete
Backdate instead, which is safer than postdating

Correct answer: Use the actual date of the notarization on the certificate regardless of the document's date

The notarial certificate must always reflect the true date the notarial act was performed; falsifying it is misconduct.

Question 33: The phrase "Sworn to and subscribed before me" in a notarial certificate indicates which act?

A jurat (Correct answer)
A signature witnessing only
A copy certification
An acknowledgment

Correct answer: A jurat

"Sworn to and subscribed before me" is the classic jurat wording, showing an oath was given and the document was signed in the notary's presence.

Question 34: A signer who is physically unable to sign asks another person to sign her name at her direction. In the acknowledgment certificate, this situation is best handled by:

Noting the signature was made by another at the direction of the disabled signer, who appeared and acknowledged it (Correct answer)
Refusing, because disabled persons cannot receive notarizations
Having the helper acknowledge the document in their own name only
Omitting any reference to how the signature was made

Correct answer: Noting the signature was made by another at the direction of the disabled signer, who appeared and acknowledged it

Signature by proxy at the direction of a physically unable signer must be reflected in the certificate, with the principal appearing and acknowledging.

Question 35: What should a notary do if they suspect a signer is using fraudulent identification?

Refuse to perform the notarization and document the refusal (Correct answer)
Accept the ID but add a disclaimer to the certificate
Contact the signer's bank to verify identity
Complete the notarization but note concerns in the journal

Correct answer: Refuse to perform the notarization and document the refusal

If a notary suspects fraudulent identification, they must refuse to notarize. Proceeding despite suspicion could make the notary liable for facilitating fraud.

Question 36: A regular customer at the bank where a notary works asks for a notarization, but the notary only knows him from brief teller transactions. Can the notary rely on personal knowledge?

No, bank employees may never notarize for customers
No, casual business interactions alone usually do not establish personal knowledge; ID should be requested (Correct answer)
Yes, if the customer has an account at the bank
Yes, any repeated contact establishes personal knowledge

Correct answer: No, casual business interactions alone usually do not establish personal knowledge; ID should be requested

Brief, transactional contact does not create the reasonable certainty of identity that personal knowledge requires, so satisfactory ID should be requested.

Question 37: A signer with a broken arm asks someone else to sign on their behalf in the notary's presence. What ethical concern must the notary address first?

Whether the helper has their own notary commission
Whether the document is longer than one page
Confirming state law permits signature by proxy and that the signer clearly directs it (Correct answer)
Whether the injury is medically documented

Correct answer: Confirming state law permits signature by proxy and that the signer clearly directs it

Signature by direction is permitted only under specific legal conditions with the signer's clear, present-time direction.

Question 38: A signer appears with a document written in Spanish, which the Mississippi notary cannot read. The notary and signer communicate well in English. May the notary proceed?

No, notaries may only notarize English-language documents
Only if a certified translator signs an affidavit
Yes, if the notary can identify the signer and communicate directly with them, since the notary certifies the act, not the contents (Correct answer)
Only if the notary attaches an English summary

Correct answer: Yes, if the notary can identify the signer and communicate directly with them, since the notary certifies the act, not the contents

Mississippi notaries certify the signer's identity and the notarial act itself, not the document's contents, so a foreign-language document may be notarized if the notary and signer can communicate directly.

Question 39: May a Mississippi employer require an employee-notary to notarize documents for customers free of charge?

Only with a waiver from the Secretary of State
No, the maximum fee must always be collected
Only if the customers are also employees
Yes, an employer may direct that no fee be charged for business-related notarizations (Correct answer)

Correct answer: Yes, an employer may direct that no fee be charged for business-related notarizations

Because fees are optional, an employer may lawfully instruct its notary employees to waive them.

Question 40: A credible witness is best described as someone who is:

A relative of the notary who trusts the signer
Any adult who happens to be present at the signing
An attorney who drafted the document
Personally known to the notary or properly identified, and who knows the signer (Correct answer)

Correct answer: Personally known to the notary or properly identified, and who knows the signer

A credible witness must themselves be identifiable to the notary and have personal knowledge of the signer's identity.

Question 41: Immediately after completing an acknowledgment, the signer says "actually, I was pressured into signing this." What should the notary do?

Not deliver the completed certificate and decline to finalize the notarization, since willingness is now in doubt (Correct answer)
Add a note about coercion to the document and release it
Ask the pressuring party to confirm the story first
Ignore the comment because the certificate is already signed

Correct answer: Not deliver the completed certificate and decline to finalize the notarization, since willingness is now in doubt

An acknowledgment requires a willing signer, so evidence of coercion means the notarization should not be completed or delivered.

Question 42: Which statement about refusing service over fees is correct for a Mississippi notary?

A notary may refuse only wealthy clients
A notary may decline to perform an act if the client refuses to pay the disclosed lawful fee (Correct answer)
A notary must sue the client before refusing
A notary must always serve regardless of payment

Correct answer: A notary may decline to perform an act if the client refuses to pay the disclosed lawful fee

A notary is not obligated to work without the agreed lawful fee, provided refusal is not discriminatory.

Question 43: A signer hands the notary a blank power of attorney form and asks, 'What powers should I give my son?' The notary should:

Check boxes based on what most customers choose
Fill in only banking powers as a safe default
Decline to recommend powers and refer the signer to an attorney (Correct answer)
Suggest granting all powers to keep it simple

Correct answer: Decline to recommend powers and refer the signer to an attorney

Recommending which legal powers to grant requires legal judgment and is unauthorized practice of law for a non-attorney notary.

Question 44: Which of the following is NOT an acceptable form of identification for notarization?

A current military ID card
A current state driver's license
An expired government-issued photo ID (Correct answer)
A valid US passport

Correct answer: An expired government-issued photo ID

Expired identification documents are generally not acceptable because they may no longer accurately represent the signer's current appearance or information.

Question 45: How should a notary handle a document that is in a foreign language?

The document must be translated before notarization
Foreign language documents cannot be notarized in the US
The notary must read and understand the entire document before notarizing
The notary may notarize it if they can communicate with the signer and identify the type of document (Correct answer)

Correct answer: The notary may notarize it if they can communicate with the signer and identify the type of document

A notary is not required to read or understand the document's contents. They must be able to communicate with the signer, verify identity, and determine the type of notarial act requested.

Question 46: A Mississippi notary is offered a percentage of a real estate deal's value as payment for notarizing the closing documents. The notary should:

Accept if the percentage is under 1%
Accept and report it as a travel fee
Decline and charge only lawful per-act fees, since compensation tied to the transaction's value creates a conflict of interest (Correct answer)
Accept because commissions are standard

Correct answer: Decline and charge only lawful per-act fees, since compensation tied to the transaction's value creates a conflict of interest

A financial stake in the transaction disqualifies impartiality and exceeds lawful fee limits.

Question 47: A Mississippi notary notarizes for a signer identified by a credible witness. What should the journal reflect?

That identification was made through a credible witness, including the witness's information (Correct answer)
Only the witness's phone number
Nothing extra, since witnesses are not journaled
A photograph of the witness

Correct answer: That identification was made through a credible witness, including the witness's information

When identity is verified by a credible witness, the journal should note that method and identify the witness.

Question 48: What is the ethical problem with a Mississippi notary advertising 'notario público' services to Spanish-speaking clients?

The term is only allowed for court clerks
It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients (Correct answer)
Foreign languages cannot appear in advertising
Notaries may not advertise at all

Correct answer: It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients

In many Latin American countries a 'notario' is a licensed legal professional, so the term misleads clients about the notary's authority.

Question 49: After declining to give legal advice, what is the BEST additional step a Mississippi notary can take for the customer?

Give the customer a written summary of the relevant statute
Quietly answer the question off the record
Tell the customer to search the internet for answers
Suggest contacting the Mississippi Bar's lawyer referral service or a licensed attorney (Correct answer)

Correct answer: Suggest contacting the Mississippi Bar's lawyer referral service or a licensed attorney

Referring the customer to the state bar's lawyer referral service or an attorney helps them get proper legal help without the notary giving advice.

Question 50: A notary's spouse is selling a car and asks the notary to notarize the bill of sale. Why should the notary decline?

The notary may have a disqualifying financial or beneficial interest in the transaction (Correct answer)
Spouses can never sign legal documents
The notary's seal is invalid for family use
Bills of sale cannot be notarized in Mississippi

Correct answer: The notary may have a disqualifying financial or beneficial interest in the transaction

Notaries should not notarize transactions in which they or their spouse have a direct financial or beneficial interest.

Mississippi Notary Public Knowledge Assessment

Assesses knowledge of Mississippi notary public law, covering notarial acts, acknowledgments, jurats, seal and certificate requirements, journal keeping, fees, and legal and ethical responsibilities under the Mississippi Code.

Questions

60 min

Time Limit

70%

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