Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
NotaryStudyGuide
111-126B CHECK YOUR KNOWLEDGE
| Question | Answer |
|---|---|
| Notaries who have been commissioned for the purposes of an employer's business function may have their notary duties ______________to the employer's business transactions during his or her period of the employment day. | limited |
| Notaries who have terminated their position with an employer who paid the necessary fees for the notary’s commission, shall not _______________ their journal or seal to their employer. | relinquish |
| Notaries who have terminated their position with an employer who paid the necessary fees for the notary’s commission, must _______________ any copies of journal entries made. | supervise |
| Notaries who have terminated their position with an employer who paid the necessary fees for the notary’s commission, must file a change of business address with the _______________. | Secretary of State |
| Notaries who have terminated their position with an employer who paid the necessary fees for the notary’s commission, will not be required to re-file their bond or change their county with the _______________ unless they choose to do so. | County Clerk |
| Notaries who are notarizing documents as employees of a school or government office must _______________ any fees when notarizing documents directly associated with the employer. | remit |
| Notaries who have had their commission paid for by their employer are _______________ to notarize documents for the public outside of normal working hours. | still allowed |
| An agreement may be made between the notary and the employer regarding the disposition of _______________. | notary fees |
| In a financial transaction, notaries who are acting in the capacity of an attorney, agent, employee, insurer, escrow or lender & who_____ have a beneficial interest ____ notarize the document as long as the notary is not named as the principal. | do not, may |
| In a real-estate transaction, a notary who is a grantor, ___, mortgagor, ___, trustor, ___ , vendor, ____, lessor or ___ to the transaction is determined to have a beneficial or financial interest in the document ____ notarize that document. | grantee, mortgages, trustee, vendee, lessee, may not |
| One of the most common duties of a notary is to take an ________. | acknowledgment |
| An acknowledgment means that the person who signed the document _________ appears before the notary and _______ that they signed the document | personally, acknowledges |
| The notary must _______the identity of the signer when completing an acknowledgment. | verify |
| For both the acknowledgment and the jurat, the person signing the document must _______ appear before the notary. | personally |
| The ________may be signed beforehand since the person appearing before the notary will acknowledge his or her signature. | acknowledgment |
| The signer of a _______must sign in front of the notary since he or she must be given an oath or affirmation at the time of signing. | jurat |
| Beginning 2005, the notary is also required to verify the identity of the signer of an affidavit when the notary completes a ________. | jurat |
| A notary must administer an _________or an affirmation when completing a jurat. This act is not negotiable! | oath |
| A _________ document signed without the oath or the affirmation can be nullified in court. | jurat |
| A notary should only keep _________active journal at any time. | one |
| The journal is the exclusive property of the _________. | notary |
| Failure to _________ the journal can be cause for the Secretary of State to take administrative action against the notary’s commission. | secure |
| The notary must require a night thumbprint (left if the right is unavailable) if the document is a ________, ________ _______or _______ _________affecting real property. | Deed, Quitclaim Deed, Deed of Trust |
| A seal must be _________reproducible when affixed to a document. | photographically |
| .A seal must also have a _________or milled edged border. | serrated |
| Using the seal on any document not containing the proper notarial wording is_________. | illegal |
| The________ must not be used for any other purpose other than the rendering of a notarial service. | seal |
| When the notary public commission is no longer valid, the notary public seal must be ________to protect the notary from possible fraudulent use by another | destroyed |
| If' a notary 1s issued a warrant for his or her journal, the notary must notify the Secretary of State in writing within _______________ days. | ten |
| Failure to submit journal records with the county clerk or notify the Secretary of State within 30 days after the completion of your commission (without recommissioning) can result in the charge of a ________. | misdemeanor |
| Some acceptable forms of identification include: a_______________ _______________or_______________ _______________issued by California or any other state, a passport issued by the_______________ _______ ______________, to name a only a few | driver's license, dentification card; Department of State |
| The rule of thumb when using identification documents is that they should have a photograph, a physical description, ______, & shall be ______ by the person. | a serial number; signed |
| Acceptable forms of ID as long as they are either current or have been issued within _______________years and contain the forementioned information | five |
| If the document is a foreign passport, it ___________be stamped by the United States Immigration and Naturalization Service or the United States Citizenship and Immigration Services. | must |
| Proving identity on the basis of a credible witness requires that the credible witness knows the signer and that the credible witness be known by the _____________. | notary |
| If the notary does not personally know the credible witness, two _______________ _______________may be used as long as both have proven their identity to the notary. | credible witnesses |
| A ______________________may be used when a person has signed a document but cannot personally appear before a notary. | Subscribing witness |
| The _______________ must personally know the subscribing witness or his or her identity must be established, or proven, by a third party called a credible witness who is known by the notary. | notary |
| Since the subscribing witness must be personally known by the notary public, or by one credible witness, paper identification _______________be used in establishing the subscribing witness’ identity. | cannot |
| A proof by a subscribing witness cannot be used m conjunction with any ____________, __________ ____________, ___________ ___________ __________, ___________ __________or __________. | Quitclaim Deed, Deed of Trust, Security Agreement, Mortgage |
| If a signer is using Signature by Mark, that mark must be witnessed by ________ witnesses who must sign their name on the document. | two |
| A notary is _______ required to identify the two persons who witnessed the signing by mark unless they are acting in the capacity of credible witnesses. | not |
| A credible witness _____ ____have a financial interest in the document and ____ _____ be named within the document. | may not; may not |
| When notarizing a signature by mark, the notary must still verify the _________ of the one signing by mark. | identity |
| Giving legal advice to a client is_________ unless the notary is an Attorney. | illegal |
| You should ________to notarize a will unless the client has been directed by an attorney to have the will notanzed.refuse.be willing. | refuse |
| A notary may not translate the term “notary public” directly into the following Spanish terms:__________ __________. | notario publico, notario |
| Only a person who is ____________and bonded as an__________ __________may assist the client m completing immigration forms. | qualified. immigration consultant |
| Violation of direct translation into notario publico or notario or failing to post fees in this instance is punishable by revocation or suspension of the notary's commission for at least ____year on the first offense. | one |
| A notary may not notarize photographs, or academic __________ and diplomas, birth certificates or other documents which have no indication for place where a signer would execute the document or swear to the truthfulness of the document. | records |
| A notary _____notarize a document in a foreign language, but the notary should attempt to identify the type of document if possible | may |
| Upon completing a name change application, the notary will receive a new authorization to manufacture a seal. The name will be changed but the commission number will be the _______, | same |
| A notary has _______________days to notify the Secretary of State if they change their residence or place of business and must do so by ________________ or ______________mail. | thirty; certified; registered |
| A California notary ____ _____authorize confidential marriages unless first approved to do so by the County Clerk. | may not |
| A notary may never charge ______than the prescribed fees for his or her services. | more |
| _________ fees may be charged for notarizing ______ _______,Military _______ or _________ documents. | No; voting materials; pensions; benefit |
| Only a notary who is licensed and bonded as an immigration consultant may assist a client in completing _______documents. | immigration |
| The charge for notarizing three signatures on a single acknowledgment cannot Exceed ___. | $30 |
| A copy of a journal entry may be charged ___ ____at per copy. | 30 cents |
| A notary public's duties include certifying that the signer personally _________ before the notary and at the time of _________ and in the county indicated on the notarized document. | appeared; notarization |
| A notary must also certify that the signer presented proper__________ at the time of notarization. | identification |
| In taking an acknowledgment, the document signer acknowledges to the notary that he or she is signing in his or her __________capacity. | authorized |
| Notaries in California receive their commissions from the California __________of __________and are governed by the laws of _________regardless of the notary requirements in other states. | Secretary of State; California |
| An acknowledgment is a specific notary act which guarantees the signer personally _____ before the notary at the time of notarization, proved their _____to the notary and acknowledged that they intended to the document. | appeared; identification |
| A jurat is a notary act which certifies that the signer personally ______before the notary, ______ the document before the notary and took an ______or _______as to the truthfulness of the statements within the document. | appeared; signed; oath; affirmation |
| The notary is required to properly __________ the document signer for a __________notary act. | identify; jurat |
| An affiant is one who makes an _______which is a sworn statement pertaining to the truthfulness of the contents within a document. | affidavit |
| A certified copy of a power of attorney has the same force and _________as the original. | effect |
| Upon written request from the Secretary of State to furnish certified copies of journal entries, a notary must respond within _______ days . | thirty |
| The only document that a notary may certify in the State of California is a copy of a _______ ___ _____ & a copy of their journal. | Power of Attorney |
| Question: What arrests or convictions on your record should you disclose on your application? | Answer: All Notary applicants are required to disclose any arrests where a trial is pending along with ALL prior convictions. |
| Question: True or False: You are not required to disclose a conviction that happened over 10+ years ago. | Answer: False, you are required to list ALL prior convictions. |
| Question: The term of office for a notary is for how many years after the start of their term. | Answer: 4 years (CGC 8204). |
| Question: To complete your notary filing and to act as a notary, a person must file with their County Clerk's office (within 30 days of the commission start date) the following items: | Answer: 1) Oath of office, and 2) $15,000 bond (cgc 8213). |
| Question: True or False: A notary has the ability to perform a notary act outside the county they field their oath of office? | Answer: True, they have the ability to perform notary acts in all California counties regardless of what county their oath was filed in. |
| Question: When filling a notary bond (the surety bond) the sum of the bond must be in the amount of? | Answer: $15,000. |
| Question: True or False: Once a notary, your journal can be lent to other notaries as needed. | Answer: False. Your notary journal must ALWAYS be kept in a secure place under the notaries’ control at all times. |
| Question: What penalty could a notary face if they fail to secure his/her journal? | Answer: His/her notary public commission may be suspended or revoked AND civil and criminal penalties may be imposed (CGC 8214-1(o), 8214-15(b), and 8228-1). |
| Question: A Journal entry must be made at the time of the notarial act and must be recorded in what order? | Answer: In sequential order. |
| Question: Should a notary willfully (intentionally) not properly maintain her journal, they can be found guilty of __________. | Answer: A misdemeanor. |
| Question: What should a notary do if a member of the public requests the ORIGINAL journal entry? | Answer: You will need to deny the request. You may, however, give a photocopy of the journal entry. |
| Question: Can I charge a person for a photocopy of a journal entry? | Answer: Yes, you may charge them You are allowed to charge (30 cents) per photo-copy page. |
| Question: Who is the person that appoints notaries in the state of California? | Answer: The California Secretary of State is the public official that appoints notaries in California. |
| Question: I have my primary residence in Utah but I spend a lot of time and do business in California, can I become a California Notary Public? | Answer: No (unless appointed to serve in the military), your primary residence must be in California to become a California Notary Public. |
| Question: I am a resident of North Carolina but stationed in California for the military, am I eligible to be a California notary? | Answer: Yes, if you are 18+ and stationed and in the military stationed in California, there are special provisions to become a notary. |
| Question: Am I allowed to take an approved California 3-hour course of study to become a notary? | Answer: No, if you are not currently licensed as a notary, you must complete a 6-hour study course, from an authorized vendor, in order to become a notary public. |
| Question: I'm currently listed as a notary and have already taken a 6-hour course of study. Am I required to take the 6-hour course again? | Answer: No, you will only need to complete a 3-hour approved course of study to complete your license as long as you complete all filings prior to the expiration date of your current commission. |
| Question: I'm currently licensed as a notary, but will not be able to complete my filing until after my commission expires due to a health issue. Can I take the 3-hour course? | Answer: No, if for ANY reason your commission expires prior to completing your paperwork to renew your commission, you are required to take the 6-hour approved course. |
| Question: I’m a licensed notary and I’m completing my renewal PRIOR to it expiring, can I take the 6-hour course or must I take the 3-hour course? | Answer: Yes, you are ALWAYS allowed to take the 6-hour approved course as part of your filing. |
| Question: Can a notary purchase their Notary Seal from ANY company that makes rubber stamps? | Answer: No, you can only purchase your notary seal from a company that is AUTHORIZED by the Secretary of State's office. |
| Question: What are the criteria that a notary seal must abide by? | Answer: The State of California requires each notary to use a rubber stamp as their official seal. However, an embossing seal may be used in conjunction with the ink stamp. |
| Question: Does the notary Seal HAVE to be round? | Answer: No, the seal may be either square or round (Circular, may not be more than 2 inches in diameter If rectangular, it must not be more than 1-inch in width by 2 and ½ inches in length) CGC 8207). |
| Question: From whom does a notary obtain a CERTIFICATE to purchase an official notary California Notary seal? | Answer: The California Secretary of State will issue a certificate to purchase your official notary seal You must use your official letter when purchasing your seal and NOT a copy. |
| Question: Can a notary be held personally liable for damages that occur from their notarial Acts? | Answer: Yes, if a notary is found to have acted with negligence that person may be found personally liable for damages, costs and attorney’s fees. A notary may purchase supplemental insurance to safeguard themselves. |
| Question: Can The Secretary of State appoint and commission a state, city, county, and public school district employee as a notary public to act for and on behalf of the governmental entity for which appointed Secretary of State? | Answer: Yes, the Secretary of State may appoint as many as they see fit. |
| Question: If you are a notary appointed for a public entity, can you act as a notary outside the public entity? | Answer: No, they may only perform notary acts for that public entity. |
| Question: Notaries appointed for public entities have to charge fees? | Answer: Yes, the notaries charge for all services and remit the fees received to the employing agency. Each fee charged must be entered in the journal. |
| Question: If a notary appointed by a public agency terminates their position (voluntarily or is fired) are they entitled to keep their notarial status?. | Answer: No, once a notary appointed by a public agency leaves their position, their actions are viewed the same as a notary’s resignation of the commission of the notary. |
| Question: Does a person appointed to serve as a military notary on a California reservation have to be a U.S. citizen? | Answer: Yes, they must be a U.S. Citizen; however, they don’t have to be a California resident. |
| Question: Can a military notary appointed to notarize on behalf of a reservation perform their notary acts outside of the reservation where they were appointed? | Answer: No, they must perform all notary acts on the military reservation they were appointed. |
| Question: Does a MILITARY notary appointed to notarize on behalf of a reservation charge the same fees as all other notaries? | Answer: No, they are NOT allowed to charge any notary fees |
| Question: If a police officer believes that my journal has evidence of a criminal offense, am I required to surrender my journal? | Answer: Yes |
| Question: Can I accept an identification card issued by a Mexican public agency that has the person’s photo? | Answer: Yes, so long as it also includes a description of the person, signature, and ID number. |
| Question: Can I accept all U.S. Military identification cards as proof of identification? | Answer: Yes, but they must also contain a photo, a description of the person, signature, and ID number (note most modern military ID cards do not satisfy these requirements). |
| Question: Can I accept an employee ID card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state? | Answer: Yes, so long as it also contains a photo, a description of the person, signature, and Serial or ID number. |
| Question: Can a notary establish the signer's ID by the oath of a single credible witness when they personally know the signer? | Answer: Yes, so long as the notary also knows the credible witness personally and a proper ID of the credible witness is provided. |
| Question: If a peace officer properly requests my journal but I refuse their request, what consequences may I face? | Answer: You may be punished by law or stripped of your notary public license. |
| Question: When a notary has their journal surrendered to a peace officer, what should the notary public do? | Answer: Get a receipt from peace officer, notify the SOS w/in 10 days by cert. mail with receipt (incl. period of journal entries, a photocopy of the receipt, notary commission # and expiration). Obtain a new journal. NO new entries in the old journal. |
| Question: What should a notary public do if my journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary shall: | Answer: Notify the SOS immediately by cert. mail with receipt (incl. period of journal entries, a photocopy of the receipt, notary commission # and expiration. A copy of any police report that specifies the theft if applicable. Obtain a new journal. |
| Question: If I wish to no longer be a notary (resign my position) what am I to do with my notary supplies and journal? | Answer: You are to return your notary journal to the county clerk's office where you filed your notary public oath of office and destroy your notary seal/stamp. |
| Question: I’m a notary public and my commission expired, and I have NOT obtained a re-appointment. What should I do? | Answer: If you do not obtain reappointment w/in 30 days of the exp. of your commission, all notarial records & papers shall be delivered w/in 30days of exp. date to the clerk of the county where the official oath of office is on file. |
| Question: After obtaining your notary license and you change your place of residence, is updating my information with the DMV sufficient? | Answer: NO. You must notify the SOS's office in writing w/in 30days, by cert mail that provides a receipt, of your change of address. A change of address form is on the SOS website that can help you with this task. |
| Question: When submitting my change of address, do I need to supply a check to cover the fee? | Answer: NO. There is no fee to change your address. |
| Question: When changing my address, I moved to a different county than my original oath and bond are filed in What should I do? | Answer: You are not required to change where your bond is filed because you are permitted to perform notary acts in all California counties. However, a business filing may elect to file a new oath of office and bond in the new county but this is optional. |
| Question: I decided to change my legal name. What do I need to do next? | Complete & send name change form to the SOS, they will issue an amended comm. w/ new name. File a new oath of office and an amendment to your bond w/in 30days from amended comm. issue date. Obtain a new seal. If 30days has passed you must submit a new one |
| Question: What happens if I fail to notify the Secretary of State of my name or address change, within 30-days? | Answer: Willful failure to notify the Secretary of State of a change of address is punishable as an infraction by a fine of not more than $500 (Government Code section 8213.5). |
| Question: Can my private employer require all notary fees be turned over to them and not allow me to perform notary duties outside their place of business? | Answer: Yes, if the employer pays the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such a notary public. |
| Question: If a person influences a notary to conduct an improper act are they guilty of a crime? | Answer: Yes, they can be found guilty of a misdemeanor. |
| Question: Is it okay to keep my journal and seal in the company safe, only employees have access to open it? | Answer: No, it must be under the exclusive control of the notary. |
| Question: Is there a time where the notary seal is NOT required on an acknowledgment? | Answer: CA subdivision map certificates may be notarized w/out the official seal. The notary's name, county of the notary's place of bus, & the comm exp date must be typed or printed below or immediately adjacent to the notary’s signature |
| Question: Are their special rules for placing the notary stamp on a document? | Answer: Yes, the seal must be legibly (photographically reproducible) and not placed over signatures or other printed material when placed on the document. |
| Question: I lost my stamp. What should I do? | Answer: Notify the SOS immediately by cert. mail with receipt w/ explanation &, if applicable, a photocopy of a police report. The SOS will send an authorization so you can have a new stamp made (Government Code sections 8206 and 8207-3(e). |
| Questions: If I resign my commission, what do I do with my seal? | Answer: If a person resigns, is terminated, has their license revoked or a notary dies, their seal must be destroyed. You can do this by peeling off the rubber portion of your stamp and cutting it into pieces. |
| Question: What is the purpose of a Certificate of Acknowledgment? | Answer: To acknowledge that the person who signed appeared before the notary, was properly identified, and signed the document. |
| Question: If a notary realizes the documents are NOT complete, can they still perform an acknowledgement? | Answer: No, the notary public must refuse to notarize the document. |
| Question: To complete an acknowledgment, does the signer have to sign the document in the presence of the notary? | Answer: No, they only need to acknowledge that they did sign the document. |
| Question: What is a subscribing witness? | Answer: If the principle is unable to appear before the notary, the signer may request another person to sign the document as a witness that the principal singer did sign or stated to them that they signed the original document. |
| Question: Does a subscribing witness have to swear under oath? | Yes, they must swear under oath that the subscribing witness either saw the principal sign the document or heard the signer acknowledge that he/she signed the document. The principal requested that the subscribing witness sign the document as a witness. |
| Question: When can a Subscribing Witness not be used? | Answer: A thumbprint is required with any Mortgage, Deed of Trust, Security Agreement, Quitclaim Deed, or Grant Deed. A thumbprint isn't required for a Deed of Reconveyance & a Trustee’s Deed if property is in foreclosure Only then, can it be used. |
| Question: If there is a credible witness, what must the witness do? | Answer: The credible witnesses must sign the journal & the notary must indicate in journal the type of id, the id #s and the dates of issuance or exp. presented by the witnesses to establish their identities (Government Code section 8206(a)(2)(E). |
| Question: Once a person has become a Notary Public, what other titles are they entitled to? | Answer: None. The only title they may use is “Notary Public” and only for the purpose of rendering notarial services. |
| Question: If a notary has a financial interest in a document, are they allowed to notarize a signature in the document? | Answer: No, if the notary has a financial or beneficial interest, then you are not able to notarize the document (GC 8224). |
| Question: When inspecting a document before it is notarized, which act should a notary complete before they notarize the signature? | Answer: They must inspect the document to determine that the document is COMPLETE. |
| Question: If after reviewing a document the notary realizes that information is incomplete or missing, what must the notary do? | Answer: The notary must refuse to notarize the document. |
| Question: If a notary is presented with a document that is in a foreign language (non-English) can a notary notarize a signature in that document? | Answer: Yes, a notary may notarize a foreign language document. |
| Question: A notary is requested to notarize a document by a person that speaks a different language and is not able to communicate with their customers, are they able to notarize their documents? | Answer: No, a notary must be able to communicate directly with their customers. |
| Question: If a person with a foreign language brings an interpreter in with them to notarize a document, how should the notary proceed? | Answer: The customer should be referred to a notary who speaks the customer's language. |
| Question: If a notary is unable to identify the type of foreign language document being notarized, what should the notary enter into the journal? | Answer: They should enter the type of document as, “a document in a foreign language.” |
| Question: In what language must the notarial certificate be written when the document is in a foreign language? | Answer: The notarial certificate must be written in English. |
| Question: Before the notary can notarize the signature of a document what must the notary confirm? | Answer: The notary must confirm the identity of a person before they can notarize a signature. |
| Question: What is satisfactory evidence? | Answer: Satisfactory evidence is used to establish the identity of a signer which includes: 1) the oath of 1 credible witness; 2) the oaths of 2 credible witnesses; 3) proper identification documents. |
| Question: If you as a notary personally know the signer, is this sufficient or “satisfactory evidence” to establish the identity of the signer? | Answer: No, this is not satisfactory evidence. |
| Question: If an ID document is not current but issued less than 5 years ago, is the document valid to use? | Answer: Yes, a requirement of ID documents is that they must be current or issued within the previous 5 years. |
| Question: Is it true that U.S. passports aren’t required to have a description of the person to be an acceptable ID? | Answer: True. A passport issued by the U.S. doesn’t have to have the description of the person to be considered an acceptable ID. |
| Question: Is an inmate ID a valid form of ID in or out of custody? | Answer: False. For an inmate ID card to be valid, the inmate has to be in the custody of the issuing state or local sheriff’s department detention facility. |
| Question: Can you list 4 items that must be present on ID’s to be listed as reasonable evidence? | Answers: IDs must have: 1) Serial number or other identifying number; 2) a photograph; 3) description of the person; 4) signature of the person. |
| Question: Once a notary, do you have the power to perform a marriage? | Answer: No, except for those authorized by California Law. |
| Question: Does a notary have the ability to charge any fee they wish? | Answer: No. The maximum fees allowed are listed in the notary handbook. |
| Question: Is it required to write “$0 or No FEE” to indicate that no fee was charged for a notary service? | Answer: Yes, a notary must write in his journal “$0 or NO FREE” to indicate that no fee was charged, they must not leave the fee blank. |
| Question: What is the Maximum Allowable fee for the signing of an Acknowledgment? | Answer: $15 for each signature acknowledged. |
| Question: What is the Maximum Allowable fee for administering an oath or affirmation to one person? | Answer: $15 per individual taking the oath or affirmation & certificate. |
| Question: What is the Maximum Allowable fee for taking a deposition, administering the oath of office certificate of deposition? | Answer: For all services rendered in connection with the taking of any deposition, the sum of $30, and in addition thereto, the sum of seven dollars ($7) for administering the oath to the witness and the sum of $7 for the certificate to the deposition. |
| Question: How long does a notary public have to file his oath of office and $15,000 surety bond? | Answer: This must be done within 30 days of the start date in the notary commission. |
| Question: In what county must the notary file their bond and oath? | Answer: Both the oath and bond must be filed with the county clerk where the principal place of business of the notary is located. |
| Question: What is an acceptable exception for not having the oath and bond filed within 30-days? | Answer: None. Exceptions are not made to the 30-day filing requirement due to mail service delays, county clerk mail processing delays, or for any other reason. (CGC 8213) |
| Question: Once a notary changes their business address or residence address, how long do they have to notify the Secretary of State's office? | Answer: They must notify the Secretary of State by Certified mail within 30-days. |
| Question: Can a notary be guilty of an infraction if they don’t notify the Secretary of State of his address changes within 30-days? | Answer: Yes, and the infraction can be punished by a fine not exceeding $500 (CGC 8213.5) |
| Question: Can a commercial mailbox or Post Office Box (PO Box) be listed as 1) residence address OR 2) the principal place of business. | Answer: No. |
| Question: What addresses need to be updated if there are changes (business or personal)? | Answer: Both. Any change of address must be reported to the Secretary of State's office. |
| Question: When completing a Jurat using credible witnesses to establish the signer's identity, how many credible witnesses do you need? | Answer: You will need one credible witness if the notary personally knows the witness OR two credible witnesses if they don’t personally know the witness in order to establish the signer's identity (1185(b)(3) and (b)(4). |
| Question: What is a good example of a Jurat Oath? | Answer: “Do you solemnly swear or affirm that the contents of this document are the truth, the whole truth, and nothing but the truth, so help you, God?” (California Code of Civil Procedure 2094(2); California Evidence Code 165) |
| Question: Is a notary able to certify copies of a birth certificate? | Answer: A notary is not able to certify copies of any vital records such as Birth Certificates, Marriage License, or Death Certificate. Copies of these documents may lawfully be certified only by officials in the relevant public records office. (CGC 8230) |
| Question: What is the purpose of a Subscribing Witness? | Answer: If the principal, signer can not personally appear before a notary, another person can appear on the principal’s behalf to prove the principal signed the document. |
| Question: Are their limitations to when a “Subscribing Witness” CAN NOT be used? | Answer: With any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, any doc affecting real property, any doc requiring a thumbprint other than a trustee’s deed or from a deed of reconveyance if its in foreclosure. |
| Question: When advertising in Spanish, can a person use the literal translation, notario publico? | Answer: No. You cannot use the literal translation of Notary Public when advertising any language (CGC 8219.5 |
| Question: Do I need to state any disclaimers when advertising in a foreign language? | Answer: Yes a non-attorney notary must post in both english and other language: I am not an attorney and cannot give legal advice about immigration or any other legal matters & must list the fees charged for services in the advertisement. |
| Question: When making a Journal entry, what would be the proper entry for the type of document? | Answer: The “type of document” should be listed as the title of the document which is most often found at the top of the page. |
| Question: When filling in the “Venue Statement,” you are listing what? | Answer: You are listing the State and County in which the person appeared before the notary public, and the notarial act took place. |
| Question: When filling in the day, month and year in the journal entry, what date should be used? | Answer: The date must be the one by which the person personally appeared in front of the notary. |
| Question: When can a person use a Signature by Mark? | Answer: When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code section 14.) |
| Question: Are witnesses required when a Signature by Mark is used? | Yes, to verify the signers mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. One witness should write the person’s name next to the person’s mark and then the witness signs his/her name as a witness. |
| Question: What is the purpose of using Subscribing Witnesses when a Signature by Mark is used? | Answer: The witnesses are only verifying that they witnessed the individual make his or her mark on the document.The witnesses must subscribe (sign) their own names as witnesses to the individual making his/her mark on the document. |
| Question: Is a notary able to certify copies of powers of attorney? | Answer: Yes. |
| Question: If a notary is convicted of a felony, are you required to surrender the notary seal to the court? | Answer: Yes, upon conviction of any felony or any crime relating to misconduct, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public. |
| Question: If a person knowingly destroys a notary journal is that a crime? | Yes, knowingly to destroy, deface, or conceal any records belonging to the office of notary public, is guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment. |
| Question: If a person attempts to convince a notary to make an improper notarial act, can they be found guilty of a crime? | Answer: Yes, to solicit, coerce, or influence a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public, shall be guilty of a misdemeanor. |
| Question: Is a notary able to notarize a signature on an immigration document? | Answer: Yes, however, they may not help advise or fill out any information unless they are certified by the state to do so. |
| Question: Can a California registered immigration consultation or an attorney help a person fill out immigration forms? | Answer: Yes. |
| Question: Can an immigration consultation also advertise as a notary? | Answer: NO. A notary public legally is barred from advertising in any manner whatsoever that he or she is a notary public if the notary public promotes himself or herself as an immigration specialist or consultant. |
| Question: Do the two credible witnesses need to swear (or affirm) that they personally know the signer? | Answer: Yes. |
| Question: Do the two credible witnesses need to swear (or affirm) that the signer doesn’t have an ID to establish their own identity? | Answer: Yes. |
| Question: Can any of the credible witnesses be listed in or have a financial interest in the document being signed? | Answer: No, a credible witness must not have any financial interest or be listed in the document |
| Question: For the privacy of a signer, can a notary skip around in their notary journal? | Answer: No. All notarial acts must be recorded in sequential order. |
| Question: What is the infraction if a notary does not willfully maintain their notary public journal? | Answer: A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public’s journal. |
| Question: If a notary has an outstanding court order or judgment, can they be refused to be a notary? | Answer: Yes. |
| Question: Is there a reason for the refusal to re-appoint as a notary due to using the phrase Spanish, notario publico? | Answer: Yes. |
| Question: Is the date and time required to be recorded in the notary journal? | Answer: Yes. Date, time and type of each official act (e.g., acknowledgment, jurat) is required to be recorded in the notary journal. |
| Question: Can a notary journal be seized by a peace officer that is investigating a crime and has reason to believe there is evidence in the journal? | Answer: Yes, a notary shall not surrender the journal to anyone, except the county clerk, or immediately if requested by a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence. |
| Question: If a sequential journal is seized for legal reasons by a peace officer and a new journal has been obtained, can the notary add additional entries when the journal is returned? | Answer: No. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make NO new entries in the returned journal. |
| Question: Is it required to record the signature of each person whose signature is being notarized? | Answer: Yes. |
| Question: When recording the type of ID used, what must be included? | Answer: 1) the governmental agency issuing the document, 2) the serial or identifying number of the document, and 3) the date of issue or expiration of the document. |
| Question: What items need to be recorded when using two credible witnesses as satisfactory evidence? | Answer: The signatures and a form of ID’s used by the credible witnesses. |
| Question: If the notary doesn’t charge a fee for a notary act, can they leave the fee box blank? | Answer: No, they must write “0” or “no fee” as the fee. |
| Question: What types of documents require a right thumbprint entry in the journal? | Answer: If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property or a power of attorney document. |
| Question: What should you do if the right thumbprint is not available? | Answer: The notary shall have the signer use the left thumb, or any available finger, and shall so indicate in the journal. |
| Question: What should you do if the right thumbprint or any finger is not available? | Answer: If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition |
| Question: What is an Acknowledgement used for? | Answer: The notary public certifies: 1. That the signer personally appeared before the notary public on the date indicated in the county indicated; 2. To the identity of the signer; 3. That the signer acknowledged executing the document. |
| Question: Are there any times the right thumbprint is not required when dealing with real property? | Answer: Yes, it shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance. |
| Question: What does a Certificate of Acknowledgment verify? | Answer: Only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document |
| Question: Can the Notary Seal and Signature be attached to any document? | Answer: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording. |
| Question: What is a “Venu Statement”? | Answer: It states the county and state by which the notarization act took place. For example, Sacramento County, California. |
| Question: Are their different fee structures for a notary who is appointed to a military reservation? | Answer: They are not allowed to charge a fee |
| Question: Can I notarize a document using a LIVE video feed? | Answer: No. A video image or other form of non-physical representation is NOT a personal appearance in front of a notary public under California State law. |
| Question: Swear vs. Affirm, what is the difference? | Answer: Swear is using God, affirm is not. There is no difference between these two terms when a notary places a person under oath. |
| Is a notary permitted to notarize signatures on a document that is written in a language that the notary cannot read? (page 4) | Answer: Yes |
| Related to the notarial act, what must be in English? (page 4) | Answer: The notarial certificate, i.e. the Acknowledgment or Jurat wording. |
| Are California notaries permitted to certify or notarize a copy of a birth certificate or vital statistic records? (page 5) | Answer: No |
| What part of the notary application can be made available to the public upon request? (page 9) | Answer: the notary’s name and addresses. |
| Where must a California notary purchase the surety bond? (page 11,12) | Answer: A surety company that is admitted to do business in California. |
| Will the notary be required to reimburse the surety company should the bond be utilized due to a notary’s misconduct ? (page 12) | Answer: Yes. The surety company will pay up to the $15,000 bond limit but the notary is responsible for reimbursement & payment of all losses or judgements against the notary. |
| When does the commission become effective if we file the bond in person? (page 14) | Answer: on that day. |
| What happens to the commission if it is not filed on time for any reason? (page 14) | Answer: Our commission will become void or invalid and we will need to re-apply all over again. |
| Are employers permitted to examine and copy a notary’s journal records? (page 16) | Answer: Yes, but in the notary’s presence and only those entries related to that place of business. |
| When a notary changes their primary county of business, are they required to file an amended oath and bond in their new county? (page 16) | Answer: No |
| What is the charge to notify the SOS of a name change or address change? (page 16) | Answer: There is no charge. |
| Which type of employee notary must resign a commission if they leave their place of employment? (page 17) | Answer: A notary appointed by the Secretary of State on behalf of a public entity |
| When a notary changes their name, does the commission number or expiration date change? (page 16) | Answer: No |
| The most often completed notary act is taking an acknowledgment. What is being acknowledged and to whom? (page 18) | Answer: The signer acknowledges to the notary that they signed the document. |
| What does a notary certify when completing an acknowledgment? (page 18) | Answer: Personal appearance, proper identification and that the signer acknowledged signing the document. |
| Do California notaries certify the authorized capacity of their signers? (page 18) | Answer: No |
| Exactly where must the disclaimer statement be located on California notary wording? (page 18) | Answer: Immediately above the venue. |
| What goes after the words “before me” in an acknowledgment? (Page 20) | Answer: The notary’s name followed by a comma and the words Notary Public. |
| If a notary knowingly falsifies any information in an acknowledgement certificate, that notary may be charged with a _______________ fine amount and have their commission _____________________ or ______________________. (page 20) | Answer: $10,000 ; suspended ; revoked. |
| What goes after the word “by” after the date in a Jurat? (Page 22) | Answer: The name of the document signer (affiant) that is signing the document. |
| If a notary notarizes a signature on a document that they knows contains false information, the notary is guilty of a ______, and their commission suspended or revoked and can also face personal financial liabilities. (page 22) | Answer: misdemeanor. |
| If a notary mistakenly misspells the name of the document signer in an acknowledgment, what will be the only course of action to correct that acknowledgment? Can it be altered after it leaves the notary office? (page 23) | Answer: The notary act must be redone entirely. No. |
| If a notary mistakenly misspells the name of the document signer in an acknowledgment, what will be the only course of action to correct that acknowledgment?Can the notary alter the acknowledgment at a later date? (page 23) | Answer: The notary act must be redone entirely. No. |
| How are credible witnesses identified? (page 25) | Answer: With their own proper identification documents that must be shown to the notary. |
| Can a second signer be used as a Credible Witness? (page 25) | Answer: Credible witnesses cannot have beneficial or financial interest in the document. Please read the Credible Witness oath. |
| How many witnesses are needed to sign a document when the signer is signing with a mark instead of a signature? (page 26) | Answer: Two. |
| Who do the witnesses for signature by mark need to know? (page 26) | Answer: Nobody. |
| What is proven to the notary through the Subscribing Witness oath? (page 29) | Answer: The identification of the principal (signer). |
| How is the Subscribing Witness identified? (page 31) | Answer: The Credible Witness identifies the Subscribing witness. |
| How does the Subscribing Witness obtain the authority to sign the document? (29) | Answer: Through the request of the principal. |
| Circle only the items that must be included in the notary journal: Date, time and notary fees, type of notary act, description of document, additional information, signers name & address, Id type, #, exp. date, principles signature & thumbprints. | Answer: Everything except additional information, & signers name & address. |
| How long does a notary have to provide a copy of the journal to a member of the public? (page 35) | Answer: 15 business days. |
| Does a recommissioning notary need to start a new journal upon every new commission? (page 36) | Answer: No. |
| If the notary journal is stolen or seal is stolen, lost, misplaced or destroyed, the notary must notify the Secretary of State _________________________________. (page 32) | Answer: immediately. |
| Is a notary permitted to use a round metal embossed notary seal that does not contain ink by itself as the notary seal image. (page 37) | Answer: No. |
| What two important identification numbers were added to the California notary seal in 1992? (page 37) | Answer: The commission number and the manufacturer ID number. |
| Is there a legislated color ink for the notary seal? (page 37) | Answer: No but the notary seal must be photographically reproducible so an embosser that is not inked may not be used as the notary seal unless accompanied with another image that is photographically reproducible. |
| Can a notary seal be placed on a copy of a photograph, a passport or educational documents for example or any document that does not have proper notarial wording? (page 38) | Answer: No. |
| If the notary image is smeared or smudged, or it covers lines, words or signatures and there is no room to place a second image on the same document,what must be done? (page 38) | Answer: The notary must add a separate page containing proper notary wording often referred to as a loose certificate. |
| The criminal charge for a non-attorney notary selecting the notary act is which of the following: A. an infraction B. A misdemeanor C. A felony, or D. no possible criminal charge. (page 39) | Answer: B. A misdemeanor. |
| Translation of the term Notary Public directly into Spanish could lead to suspension of the notary’s commission for up to ____ year on the first offence and ______________ revocation on the second offence. (page 39) | Answer: one; permanent |
| Advertising as a notary in a foreign language is permissible but requires a disclosure in both English and the foreign language that the notary:(page 39) | Is not an attorney and cannot provide legal services. It also requires a notary to disclose the maximum fees they may charge. |
| A notary who is also an immigration consultant may advertise or promote their services as an immigration consultant, but may not also advertise anywhere that he or she is a _____________. (page 40) | Answer: notary |
| What must the notary require if a signer presents an affidavit of identity that contains a photograph of the person, fingerprints or a thumbprint of the person and also contains their birthdate or age? (page 41) | Answer: A birth certificate to verify the age or date of birth. |
| The maximum fee for certifying a copy of a Power of Attorney is ___________. (page 42) | Answer: $15 |
| The maximum fee for completing an acknowledgment when using two credible witnesses is_______. (page 42) | Answer: $15 We may not charge extra for using credible witnesses to verify identity |
| How much can be charged for providing a copy of journal records to the public? (page 42) | Answer: Thirty cents ($0.30) |
| How much can the notary charge a military veteran for notarizing a signature on a military pension or benefit document? ? (page 42) | Answer: $0 |
| What is the maximum charge that an immigration consultant who is also a notary permitted to charge for completing immigration documents? (page 42) | Answer: $15 per form plus signature charges |
| Q. My neighbor of 20 years has asked me to notarize a document for her. Because I have known her all these years, do I still need to ask for proof of her identity? | A. Yes. An acknowledgment may not be taken or a jurat executed on the basis of personal knowledge alone. Satisfactory evidence of the signer’s identity must be provided and noted in the journal. |
| Q. I am currently a commissioned notary public applying for reappointment without a break in my commission. Am I still required to submit my fingerprints each time I reapply? | A. Yes. All applicants, must submit fingerprints to the California DOJ for a background check. The DOJ will forward fingerprints to the FBI requesting a federal summary of criminal information that will be provided to the SOS. |
| Q. If a person was convicted of a DUI, petty theft, trespass, or other crimes, will that person be disqualified from becoming a notary public? general information 21 | A. SOS cant determine whether or not a person meets the qualifications to become a notary public until a thorough background check has been completed. If concerned, please refer to the disciplinary guidelines that are available on the SOS website. |
| Q. I had a conviction over 25 years ago. Do I still need to disclose this conviction on my application? | A. Yes. There is no time limit for disclosure of convictions. If you have a DUI, you must disclose it on your application. Failure to disclose all conviction information on each application for an appointment or reappointment is grounds for denial. |
| Q. How soon can I take the test for reappointment if I currently hold a notary public commission? | A. To avoid a break in commission terms, you should take the exam at least six months prior to the expiration date of your current commission. Test results are valid for one year from the date of the examination. (Title 2, California Code of Regulations) |
| Q. Will I be required to take an approved course of study each time I apply for reappointment? | A. Yes. |
| Q. I have completed my approved six-hour course of study and received my proof of completion certificate. What do I do with it? | A. Once you have completed your six-hour course of study from an approved vendor, staple your proof of completion certificate to the application and take both items with you to the exam. |
| Q. Can a six-hour notary public education course be taken in place of a three-hour refresher course? | A. Yes. A six-hour approved notary public education course satisfies the requirement for a three-hour refresher course regardless if you are a new applicant or applying for reappointment. |
| Q. What are the requirements for applicants to be eligible to take an approved three-hour refresher education course? | A. A notary public who has previously completed an approved 6hr course is eligible to take a 3hr course if the notary public has taken the notary public exam & submitted the application at the exam site prior to the exp. date of current commission |
| Q. I took the 3hr course, prior to the expiration of my current commission but failed the exam. I still have time to re-take the exam before my commission expires. What do I do now? | A. Attach the proof of completion certificate from the 3hr course to your application, along with a 2” x 2 color passport photo of yourself and a check for $20 when you go to he exam site |
| Q. I took the 3hr course, prior to the expiration of my current commission but failed the exam. I don't have time to re-take the exam before my commission expires. What do I do now? | A. You now need to complete the 6hr course and attach the proof of completion certificate to the application, along with a 2” x 2 color passport photo of yourself and a check for $20 when you go to he exam site. |
| Q. I am a new applicant and took an approved six-hour notary public education course, but I did not file my oath and bond on time. What do I do? | A. Attach a current proof of completion certificate to a new application, along with a 2” x 2” color passport photo of yourself and a check for $20. You will also need to have your fingerprints retaken at a Live Scan site. |
| Q. I am a notary public seeking reappointment and took an approved three-hour notary public refresher education course, but I did not file my oath and bond on time. What do I do? | A. You now need to complete the 6hr course and attach the proof of completion certificate to a new application, along with a 2” x 2” color passport photo of and a check for $20 as well as have your fingerprints retaken at a Live Scan site. |
| Q. Where can I get a Live Scan fingerprint form? | A. The Live Scan fingerprint form is available on the Secretary of State’s website or upon request from the Secretary of State’s office. |
| Q. I have completed an approved course of study and taken the exam, but my current commission doesn’t expire for another four months. When will I receive my new commission? | A. Your notary public commission for reappointment will be issued 30 days prior to the expiration date of your current commission if you have complied with all the requirements to become a notary public. |
| Q. I have changed my business, mailing or home address. What do I do? | A. Send the Secretary of State a letter or a change of address form by certified mail or any other means of physical delivery that provides a receipt within 30 days of the change. |
| Q. I have changed my business from one county to another. What should I do? | Notify the SOS w/in 30days by certified mail. Although not required, you may file a new oath and bond, or may file a new oath and a copy of the original bond, in the new county but w/in 30days you must obtain a new seal that includes the new county. |
| Q. Am I required to see the person sign the document at the time I perform the notarization? | A. For a jurat, the person must appear, take an oath, and sign the document in your presence. An acknowledgment, the signer must appear to acknowledge that the signer executed the document. For both you must certify to the identity of the signer. |
| Q. I lost my stamp or journal. What do I do? | A. Notify the SOS immediately by cert. mail with receipt (incl. period of journal entries, a copy of the receipt, commission # and exp. A copy of police report if applicable. Obtain a new journal & upon request the SOS will send auth. for a new stamp. |
| Q. I have changed my name. What do I do? | Complete & send name change form to the SOS, they will issue an amended comm. w/ new name. File a new oath of office and an amendment to your bond w/in 30days from amended comm. issue date. Obtain a new seal. If 30days has passed you must submit a new one |
| Q. I need to request a new certificate of authorization to have a new stamp made. Is there a fee? | A. No. However, you must send the Secretary of State a written request for a certificate of authorization. |
| Q. How do I resign my commission? | A. If you want to resign your commission, send a letter of resignation to the SOS’s office; w/in 30 days deliver all of your notarial journals, records and papers to the county clerk in which your current oath of office is on file; and destroy your seal. |
| Q. What parts of my notary public application are public information? | A. Under Government Code section 8201.5, only your name and address may be provided to the general public. All other information provided on a notary public application is Confidential. |
Created by:
julietmongia