California Notary Public Handbook Flashcards
- What is one requirement for becoming a California Notary Public?
a. Be under 18 years of age
b. Have a criminal record
c. Not pass an exam
d. Be a legal resident of California
d. Be a legal resident of California
To become a notary public you must meet all of the following requirements: (Government Code section 8201)
• Be a legal resident of the State of California;
• Be at least 18 years of age;
• Satisfactorily complete a course of study approved by the Secretary of State;
• Pass a written examination prescribed by the Secretary of State; and
• Pass a background check. p-5
- Your jurisdiction will be:
a. The entire state of California
b. The county in which you live
c. The city in which you work
d. The entire United States
a. The entire state of California
A notary public can provide notarial services throughout the State of California. p-6
- A possible penalty for committing perjury is:
a. 2 years in prison
b. 3 years in prison
c. 4 years in prison
d. Any of the above
d. Any of the above
- Punishment
Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. p-49
- You have how many days to take your oath of office after your commencement date:
a. 6 months
b. 10 days
c. 30 days
d. None of the above
c. 30 days
Once the commission has been issued, a person has 30 calendar days from the beginning of the term prescribed in the commission to take, subscribe, and file an oath. p-6
- If you request a new Certificate of Authorization, the State of California must respond within:
a. One month
b. 5 days
c. One year
d. 30 days
b. 5 days
(e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization which a notary may use to obtain a replacement seal. p-31
- The agency of the State that will give you the new certificate is the:
a. Corporation Commissioner
b. Bureau of Notary Publics
c. Secretary of State
d. Department of Real Estate
c. Secretary of State
(a) The Secretary of State shall issue certificates of authorization with which a notary public can obtain an official notary seal. p-31
- Using the words notario publico:
a. Is encouraged
b. Is legal in California
c. Is prohibited
d. Indicates lingual ability
c. Is prohibited
In any event, a notary public may not translate into Spanish the term “Notary Public,” defined as “notario publico” or “notario,” even if the prescribed notice also is posted. p -16-17, p - 36 (8219.5.) c
- If a notary willingly and knowingly notarizes a real estate document that they know to be fraudulent, they are guilty of a:
a Misdemeanor
b. Lis pendes
c. Carpe diem
d. Felony
d. Felony
(a) A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony. p - 35
- Death Certificates:
a. Must be notarized
b. Are not notarized
c. Are filed with the IRS
d. All of the above
b. Are not notarized
Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545) p-16
- A subscribing witness can bring you a:
a. Quit Claim Deed
b. Grant Deed
c. Mortgage
d. Homestead Declaration
d. Homestead Declaration
another person can appear on the principal’s behalf to prove the principal signed (or “executed”) the document. That person is called a subscribing witness. (Code of Civil Procedure section 1935)
A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Civil Code section 2924, or to a deed of reconveyance) p-12
- The penalty for stating a known false fact as true is now
a. $750
b. $1,500
c. $10,000
d. $75,000
c. 10,000
The completion of a certificate of acknowledgment that contains statements that the notary public knows to be false not only may cause the notary public to be liable for civil penalties and administrative action, but is also a criminal offense. The notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding $10,000. (Civil Code section 1189(a)(4)) p-11
- Two credible witnesses
a. Are not allowed
b. Must be over 21
c. Must be fingerprinted
d. None of the above
d. None of the above
If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence, then the journal must contain the signatures of the credible witnesses and the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities. p-11
- When do you officially become a notary?
a. When you pass the exam
b. When the Secretary of The State sends your commission
c. When you do your first certificate
d. When your oath and bond are filed
d. When your oath and bond are filed
The commission does not take effect until the oath and bond are filed with the county clerk’s office. The filing must take place in the county where the notary public maintains a principal place of business as shown in the application on file with the Secretary of State. p-6
- The notary stamp may be:
a. Triangle
b. Rectangular
c. A circle
d. b & c
d. b & c
• Be circular not over two inches in diameter, or be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border. p-7
- The size of the stamp could be:
a. A 6 foot-diameter
b. 1 inch width by 2 1/2 inches in length
c. 2 1/2 inches by 6 inches
d. Circular not over 2 inches in diameter
e. b & d
e. b & d
Be circular not over two inches in diameter, or be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border. p-7
- If you are one of the following concerning a document, you must not notarize it:
a. Agent
b. Employer
c. Lawyer
d. Trustor or Trustee
d. Trustor or Trustee
A notary public may notarize documents for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. If a notary public is named, individually, as any of the following to a real property transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee. p-10 8224. Conflict of interest; financial or beneficial interest in transaction p-37
- The fine for overcharging for a non- immigration form is:
a. Up to $10
b. Up to $1,000
c. Up to $75,000
d. Up to $750
d. Up to $750.00(b)
In addition to any commissioning or disciplinary sanction, a violation of subdivision (h),
(j), or (k) of Section 8214.1, or a negligent violation of subdivision (d) of Section 8214.1 is
punishable by a civil penalty not to exceed seven hundred fifty dollars ($750). p-34
(h) Charging more than the fees prescribed by this chapter. (8415)
- The fine for failing to notify the State that your stamp or journal was lost is:
a. Up to $10
b. Up to $1,000
c. Up to $1,500
d. Up to $750
c. Up to $1,500
8214.15. Civil penalties (a) In addition to any commissioning or disciplinary sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d) of Section 8214.1,
is punishable by a civil penalty not to exceed one thousand five hundred dollars ($1,500). p-34
- Willful failure to provide a peace officer with a journal when requested is punishable by a civil penalty of up to:
a. $750
b. $1,500
c. $500
d. $2,500
d. $2,500.00
A notary public who willfully fails to provide access to the sequential journal of notarial acts when requested by a peace officer shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). p-35
- What is the fine for failing to post signs in English and in the other language that you use that you are not an attorney and cannot give legal advice:
a. Upto$750fine
b. Up to $1,500fine and at least one year suspension of commission and on second time – revocation of commission for life
c. Two – four years in prison
d. $75,000 fine
b. Up to $1,500 fine and at least one year suspension of commission and on second time – revocation of commission for life
- When a regulation states 30 days it means:
a. Calendar days
b. Business days
c. a & b
d. none of the above
a. Calendar days
Once the commission has been issued, a person has 30 calendar days from the beginning of the term prescribed in the commission to take, subscribe, and file an oath of office and file a $15,000 surety bond with the county clerk’s office. p-6
- Your commission is dated 9/1/05 and you get your oath filed on 9/25/05. Your commission will expire:
a. Immediately – you were too late
b. 8/31/09
c. 9/24/05
d. 9/1/15
b. 8/31/09
8204. The term of office of a notary public is for four years commencing with the date specified in the commission. p-27
- The fee for notarizing a circulator’s affidavit is:
a. $0
b. $10.00
c. $5.00
d. Negotiable
a. $0
Pursuant to Elections Code section 8080, no fee shall be collected by notaries public for verifying any nomination document or circulator’s affidavit p-18
- A notary can certify a copy of a power of attorney according to the:
a. Civil Code
b. Probate Code
c. Bus. & Prof. Code
d. Notary Public Code
b. Probate Code
A notary public can certify copies of powers of attorney. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney. (Probate Code section 4307) p-16
- You may turn your journal over to:
a. Your Employer
b. No one
c. A Peace Officer with probable cause
d. An Auditor
c. A Peace Officer with probable cause
The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, p-29
- During the signature by mark process, how many people write the name of the X signer:
a. At least three
b. Two
c. One
d. None
c. One
One witness should write the person’s name next to the person’s mark and then the witness should sign his or her name as a witness. The witnesses are only verifying that they witnessed the individual make his or her mark on the document. p-14
- If you move, you must contact the:
a. Secretary of State
b. Your employer
c. County Clerk
d. Department of Notary Public
a. Secretary of State
A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. p-33
- If you move, you must contact the proper authority within:
a. 1 day
b. 10days
c. 30 days
d. 6 months
c. 30 days
A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. p-33
- If you give up your journal to a proper authority, you must notify the Secretary of State within:
a. 1day
b. 10 days
c. 30 days
d. 1 month
b. 10 days
The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. p-29
- A commission is valid for ______ years:
a. 1year
b. 2 years
c. 4 years
d. 12 years
c. 4 years
- Term of office
The term of office of a notary public is for four years commencing with the date specified in the commission. p-27
- Your 4-year notary bond is worth:
a. $15,000
b. $750
c. $75,000
d. $1,500
a. $15,000
Once the commission has been issued, a person has 30 calendar days from the beginning
of the term prescribed in the commission to take, subscribe, and file an oath of office and file
a $15,000 surety bond with the county clerk’s office. p-6
- The statute of limitations for making a statement known to be false is:
a. One year
b. Twoyears
c. Three years
d. Four years
d. Four years
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later. p-37
- To be acceptable, ID’s must be current or issued within the past:
a. 1year
b. 2 years
c. 5 years
d. 10 years
c. 5 years
1. There is reasonable reliance on any one of the following forms of identification, provided it is current or was issued within 5 years: p-8
- What does not need to be on a passport?
a. Picture of holder
b. Holder’s signature
c. Notary’s signature
d. Date of issue
c. Notary’s signature
A. Identification Documents – The notary public can establish the identity of the signer using identification documents as follows (Civil Code section 1185(b)(3) and (4)): (a) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. p-8
- Notary certificates are signed by:
a. Notary
b. Secretary of State
c. Client
d. Lender
a. Notary
1193 Certificate of acknowledgment; authentication Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures p-44
- An ID needs the holder’s:
a. Picture
b. Signature
c. Physical Description
d. All of the above
d. All of the above
p-8,
(F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: p-43
- When taking an oath:
a. Signer must raise right hand
b. Signer must pay extra fee
c. Signer must repeat oath
d. Raising right hand is not required
d. Raising right hand is not required
Government Code section 8213(a) permits the
filing of completed oaths and bonds by the applicable county clerk by certified mail or other
means of physical delivery that provides a receipt. p-6
- Notaries must:
a. Keep a photocopy of every document notarized
b. Keep their stamp and journal under their direct control
c. Refuse service to a homeless individual
d. None of the above
b. Keep their stamp and journal under their direct control
The Stamp and journal must be kept in a locked and secured area (such as a lock box or locked desk drawer), under the direct and exclusive control of the notary public p-7,8
- When you resign a commission, you deliver all your papers to:
a. Secretary of State
b. County Clerk where your current oath is on file
c. Your employer
d. None of the above
b. County Clerk where your current oath is on file
Q. How do I resign my commission?
A. If you want to resign your commission, send a letter of resignation to the Secretary of State’s office; within 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.
(Government Code section 8209) p-23
- If you fail to file the oath and bond on time:
a. Your commission is void
b. You must pay $20 to reapply
c. You must complete a new application
d. All of the above
d. All of the above
Q. I did not file my oath and bond on time. What do I do? A. • you must 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 twenty dollars ($20). You will also need to have your fingerprints retaken at a Live p-22 Scan site.
- A notary seeking reappointment must retake the notary exam:
a. Any time after you have to pay a fine
b. Never
c. Every 4 years
d. None of the above
c. Every 4 years
The three-hour refresher course can only be used to satisfy the education requirement if the notary public is applying for a new commission before their current commission has expired p-5
8204. The term of office of a notary public is for four years commencing with the date specified
in the commission p-27
- The fine for willful failure to notify the Secretary of State of an address or name change is:
a. $500
b. $750
c. $1,500
d. $15,000
a. $500
A notary public is required to notify the Secretary of State of any change of business or residence address in writing, by certified mail or any other means of physical delivery that provides a receipt, within 30 days. (Government Code section 8213.5) 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) p-19
- Notaries can withhold services:
a. When their employer limits services to transactions related to the employer’s business
b. When a document is incomplete
c. When they believe someone does not understand what they are signing
d. All of the above
d. All of the above
p-26
p-16
p-20
- Which is the true statement?
a. It is the notary’s duty to draft power of attorney, mortgages and deeds when requested
b. A notary does not have to charge a fee
c. Holographic wills must be notarized to be valid
d. Holographic wills are typewritten
b. A notary does not have to charge a fee
Government Code section 8211 specifies the maximum fees that may be charged for notary public services. However, a notary public may decide to charge no fee or an amount that is less than the maximum amount prescribed by law. p-18
- A notary may:
a. Notarize a document in a foreign language
b. Not notarize documents that he or she will sign as corporate officers
c. Notarize relative’s documents
d. All of the above
d. All of the above
p-20
p-10
- Signers of the following documents must leave a right thumbprint:
a. Homestead Declaration
b. Power of Attorney
c. Trust Deed for real estate
d. b and c
d. b and c
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, the notary public shall require the party signing the document to place his or her right thumbprint in the journal p-9
- A notary is obligated to:
a. Reimburse a surety for bond funds paid out
b. Determine whether a signer has authority to sign as a corporate officer
c. Let their employer hold their seal if they paid for it
d. Use the all-purpose certificate for a jurat
a. Reimburse a surety for bond funds paid out
Notary Public Bond p-6
Surety p-32
- An affirmation is:
a. Jurat
b. Legal equivalent of an oath but has no referral to a Supreme Being
c. Never used
d. All of the above
b. Legal equivalent of an oath but has no referral to a Supreme Being
A statement that the identity of a person making an acknowledgment or taking an oath or affirmation was based on “satisfactory evidence” pursuant to Civil Code section 1185. p-9
- A non-attorney notary (qualified & bonded as an immigration consultant) may charge up to $10 for:
a. Completing a person’s immigration application
b. Oaths and affirmation
c. Per signature on a jurat
d. All of the above
d. All of the above
Note: The maximum fees are as follows p-19
- A notary may not notarize:
a. When they are the attorney who drafted the papers
b. When they are a real estate agent who sold the property
c. For a spouse
d. When they are a mortgagor in a transaction
d. When they are a mortgagor in a transaction
For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: (a) With respect to a financial transaction, is named, individually, as a principal to the transaction.
(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction p-37
- For a first-time applicant to get a
commission they:
a. Must pass an exam
b. Be fingerprinted
c. Be at least 18 years of age
d. All of the above
d. All of the above
Qualifications: Pass a written examination prescribed by the Secretary of State p-5
- A certificate of authorization may be gotten:
a. From the governor’s office
b. From the Department of Real Estate
c. From the Secretary of State
d. None of the above
c. From the Secretary of State
Q&A
A certificate of authorization to manufacture
a notary public seal will be sent to you by the Secretary of State p-23
- Satisfactory evidence of identity means relying on either:
a. ID cards
b. Credible identifying witnesses
c. Business card photos
d. a and b
d. a and b
Identification: (A) identification documents or (B) the oath of a single credible witness or (C) the oaths of two credible witnesses under penalty of perjury, as specified below p-8
- A California Notary may:
a. Advertise they are immigration consultants
b. Take depositions and affidavits
c. Certify a copy of a foreign birth certificate
d. Normally notarize a will
b. Take depositions and affidavits
Duties: (3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any
deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary public’s own handwriting p-28