California Notary Public Handbook Flashcards
1
Q
- 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
A
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
2
Q
- 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
a. The entire state of California
A notary public can provide notarial services throughout the State of California. p-6
3
Q
- 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
A
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
4
Q
- 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
A
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
5
Q
- 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
A
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
6
Q
- 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
A
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
7
Q
- Using the words notario publico:
a. Is encouraged
b. Is legal in California
c. Is prohibited
d. Indicates lingual ability
A
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
8
Q
- 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
A
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
9
Q
- Death Certificates:
a. Must be notarized
b. Are not notarized
c. Are filed with the IRS
d. All of the above
A
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
10
Q
- A subscribing witness can bring you a:
a. Quit Claim Deed
b. Grant Deed
c. Mortgage
d. Homestead Declaration
A
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
11
Q
- The penalty for stating a known false fact as true is now
a. $750
b. $1,500
c. $10,000
d. $75,000
A
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
12
Q
- Two credible witnesses
a. Are not allowed
b. Must be over 21
c. Must be fingerprinted
d. None of the above
A
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
13
Q
- 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
A
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
14
Q
- The notary stamp may be:
a. Triangle
b. Rectangular
c. A circle
d. b & c
A
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
15
Q
- 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
A
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
16
Q
- 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
A
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
17
Q
- 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
A
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)
18
Q
- 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
A
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
19
Q
- 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
A
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
20
Q
- 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
A
b. Up to $1,500 fine and at least one year suspension of commission and on second time – revocation of commission for life
21
Q
- When a regulation states 30 days it means:
a. Calendar days
b. Business days
c. a & b
d. none of the above
A
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
22
Q
- 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
A
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
23
Q
- The fee for notarizing a circulator’s affidavit is:
a. $0
b. $10.00
c. $5.00
d. Negotiable
A
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
24
Q
- 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
A
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
25
25. 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
26
26. 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
27
27. 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
28
28. 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
29
29. 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
30
30. A commission is valid for ______ years:
a. 1year
b. 2 years
c. 4 years
d. 12 years
c. 4 years
8204. 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
31
31. 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
32
32. 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
33
33. 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
34
34. 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
35
35. 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
36
36. 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
37
37. 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
38
38. 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
39
39. 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
40
40. 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.
```
41
41. 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
42
42. 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
43
43. 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
44
44. 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
45
45. 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
46
46. 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
47
47. 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
48
48. 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
49
49. 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
50
50. 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
51
51. 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
52
52. 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
53
53. 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
54
54. 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
55
55. An oath is:
a. An affirmation
b. Never used
c. A solemn spoken pledge
d. a and c
d. a and c
2094. Oath to witness; form (a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following questions: (1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?” (2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?” p-48
56
56. A certified copy certifies that the reproduction:
a. Is accurate
b. Is never done
c. Can be charged $30
d. None of the above
a. Is accurate
4307. Certified copies of power of attorney
(a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney p-48
57
57. Influencing a notary to perform improperly is a:
a. Moral Turpitude Felony
b. Misdemeanor
c. Felony
d. Infraction
b. Misdemeanor
```
GC 8225 (a) Any person who solicits, coerces, or in any manner influences 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 under Section 8206, shall be guilty of a misdemeanor p-38
```
58
58. Notaries shall not perform notary actions if they are:
a. An Attorney
b. An Employee
c. Named as a principal in a financial transaction
d. An Agent
c. Named as a principal in a financial transaction
8224. Conflict of interest; financial or beneficial interest in transaction;
A notary public who has a direct financial or beneficial interest in a transaction shall not
perform any notarial act in connection with such transaction p-37
59
59. Which of the following is signed in the presence of the notary:
a. Acknowledgment
b. Jurat
c. Certificate
d. None of the above
b. Jurat
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189 p-8 p-12
60
60. An acknowledgment certifies that under penalty of perjury:
a. Signer’s identity was satisfactorily proven to notary
b. The signer admits that they signed the document
c. The signer appeared before the notary
d. All of the above
d. All of the above
The certificate of acknowledgment is executed under
penalty of perjury. (Civil Code section 1189(a)(1)) p-11
61
61. A man inherits a property in Alabama with his sister and they must send an affidavit to the court.
He can have a friend notarize his signature and:
a. He can notarize his sister’s signature
b. He can notarize both signatures
c. He can never notarize an Alabama document
d. He can’t do either notarization
d. He can’t do either notarization
62
62. Notaries obtain their seals from the:
a. Secretary of State
b. County Clerk
c. Approved vendors or manufacturers
d. Their employer
c. Approved vendors or manufacturers
8207.2. Manufacture, duplication, and sale of seal or stamp; procedures and guidelines
for issuance of seals; certificate of authorization (a) No notary seal or press stamp shall be manufactured, duplicated, sold, or offered for sale unless authorized by the Secretary of State. p-30
63
63. When a subscribing witness brings a document the action is called:
a. Acknowledgment
b. Protest
c. Jurat
d. Proof of Execution
d. Proof of Execution
1195. Proof of execution; methods; certificate form (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following: (1) By the party executing it, or either of them. (2) By a subscribing witness. (3) By other witnesses, in cases mentioned in Section 1198 p-45 p-40
64
64. If a principal cannot appear, the document may be brought to the notary by:
a. Any peace officer
b. An agent for the principal
c. A spouse
d. One subscribing witness
d. One subscribing witness
27287 before an instrument can be recorded its execution shall be acknowledged by the person
executing it, or if executed by a corporation, by its president or secretary or other person
executing it on behalf of the corporation p-40
65
65. A subscribing witness is placed under oath and asked:
a. Did you sign as a witness?
b. Did the signer acknowledge their signing?
c. Did the signer ask you to get the document notarized?
d. All of the above
d. All of the above
Proof of Execution by a Subscribing Witness
p-13
66
66. An embossed seal impression:
a. Is always required by Notary Law
b. Can never be used
c. Is acceptable but not required
d. Is only for senior notaries
c. Is acceptable but not required
Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal. However, notaries public may use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below. (Government Code section 8207) p-7
67
67. Which of the following lists are all Notary Actions:
a. Acknowledgment, Jurat, Copy Certification, Oath, Deposition
b. Jurat, Affirmation, Protest, Power of Attorney, Loan Document Signing
c. Proof of Execution, Protest, Affidavit, Jurat
d. Proof of Execution, Jurat, Oath of Office, Acknowledgment
d. Proof of Execution, Jurat, Oath of Office, Acknowledgment
8205. 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-27,28
68
68. Credible witnesses:
a. Are never placed under oath
b. Must not have a financial interest in the document
c. Must always know the notary
d. All of the above
b. Must not have a financial interest in the document
5. The credible witness does not have a financial interest and is not named in the document
signed. p-9
69
69. If you resign a position with your employer:
a. You must resign your commission
b. Leave all journals with the employer for the new notary
c. You take the exam again
d. Notify the Secretary of State of any business address change
d. Notify the Secretary of State of any business address change
The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment p-7
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) p-19
70
70. A Military Notary:
a. Is in trouble
b. Charges no fees
c. Can only charge senior officers
d. None of the above
b. Charges no fees
Exceptions: 1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries public appointed to military and naval reservations in accordance with 8203.1 p-18
71
71. A person who is not commissioned and holds herself out as a notary is:
a. Guilty of a felony
b. Legal
c. Guilty of an infraction
d. Guilty of a misdemeanor
d. Guilty of a misdemeanor
8227. 1. Unlawful acts by one not a notary public; misdemeanor It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California p-38
72
72. An employer of a Notary can:
a. Copy Journal entries of business generated documents in front of the notary
b. Inspect and retain a sequential journal at any time
c. Enter necessary corrections to journal
d. Appoint another employee to use the journal when the notary is absent
a. Copy Journal entries of business generated documents in front of the notary
A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. p-29
73
73. A notary must respond to a request for a transaction within ____days:
a. One
b. Two
c. Thirty
d. Fifteen
d. Fifteen
A notary public must respond within 15 business days after the receipt of a written request from any member of the public for a copy of a transaction in the notary public journal p-10
74
74. The notary or security bond protects the:
a. Notary
b. Public
c. Employer
d. State
b. Public
8214. Misconduct or neglect. For the official misconduct or neglect of a notary public, the notary public and the sureties on the notary public’s official bond are liable in a civil action to the persons injured thereby
for all the damages sustained. p-33
75
75. The only documents that do not require a seal are:
a. Subdivision maps
b. Veterans certificate
c. Circulator’s affidavit
d. Change of venue
a. Subdivision maps
The law allows a limited exception when a notary public may authenticate an official act without using an official notary public seal. Because subdivision maps usually are drawn on a material that will not accept standard stamp pad ink p-7
76
76. The county named in the Venue is where:
a. The signer personally appeared
b. The notary’s business is located
c. Where the signer lives
d. None of the above
a. The signer personally appeared
The county named in the heading in the notarial certificate is the county where the signer personally appeared before the notary public. (Government Code section 8200) p-6
77
77. If a person has no right thumb and a thumbprint is needed:
a. Use any finger
b. Make a note of this problem
c. You use the left thumb
d. All of the above
d. All of the above
If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. p-9
78
78. If asked to notarize an incomplete document, a notary should:
a. Make a note in the journal
b. Take a thumbprint
c. Charge $10 more
d. Refuse
d. Refuse
If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (Government Code section 8205) p-16
79
79. A Notary seal must:
a. Be photographically reproducible and contain an
expiration date
b. Contain the state seal and the words notary public
c. Have a serrated or milled edge border
d. All of the above
d. All of the above
Notary Public Seal p-7
80
80. The most frequently completed form is:
a. The acknowledgment
b. Jurat
c. Confidential marriage license
d. Protest
a. The acknowledgment
The form most frequently completed by the notary public is the certificate of acknowledgment. p-10
81
81. Linda Martinez, a law student, is starting a business as an immigration consultant. She may not advertise:
a. That she is a notary public
b. Her fee
c. Her office hours
d. None of the above
a. That she is a notary public
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. (Government Code section 8223) p-17
82
82. Which items must always be put in the journal:
a. Date, time, type of document, fees
b. Date, type of document, fees, address of signer
c. Fees, time, document date, name of signer
d. Date, time, fees, thumbprint
a. Date, time, type of document, fees
Notary Public Journal p-9
83
83. Some of the elements of a seal are:
a. State seal and notary’s name
b. Expiration date of commission and county where oath is on file
c. Sequential ID number of manufacturer and notary’s
sequential commission number
d. All of the above
d. All of the above
Notary Public Seal p-7
84
84. A notary may not advertise:
a. Fees to be charged
b. In Spanish
c. The Spanish terms notario publico or notario
d. On a desk plaque
c. The Spanish terms notario publico or notario
In any event, a notary public may not translate into Spanish the term “Notary Public,” defined as “notario publico” or “notario,” p-16
85
85. The main purpose of a credible identifying witness is to:
a. Substitute for a signer
b. Watch the signer sign the document
c. Prove that a person signed a document
d. Identify a signer
d. Identify a signer
the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document p-28
86
86. Why are two witnesses for a signature by mark necessary?
a. To view the making or the acknowledging of the mark
b. To identify the signer
c. To sign the journal
d. To sign for a disabled signer
a. To view the making or the acknowledging of the mark
The witnesses are only verifying that they witnessed the individual make his or her mark on the document p-14
87
87. You are notarizing a document for a personal friend. Which of the following must be included in your journal?
a. Signer’s driver’s license number
b. Type of Document
c. Notary fee
d. All of the above
d. All of the above
B. Oath of a Single Credible Witness – The identity of the signer can be established by
the oath of a single credible witness whom the notary public personally knows. (Civil Code section 1185(b)(1)) The notary public must establish the identity of the credible witness by the presentation of paper identification documents as set forth above. Under oath, the credible witness must swear or affirm that each of the following is true p-8
88
88. A written request for a photocopy of a journal entry must contain:
a. Type of notarization, type of document and names of parties
b. Type of document, month and year of notarization, and parties’ signatures
c. Type of notarization, month and year of notarization and names of parties
d. Type of document, month and year of notarization and names of parties
d. Type of document, month and year of notarization and names of parties
(c) Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page. p-28
89
89. A right thumbprint is not required in the Notary journal for a:
a. Deed of reconveyance
b. Grant deed
c. Warranty deed
d. Deed of trust
a. Deed of reconveyance
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), mortgage, deed of trust, security agreement, any instrument affecting real property, or any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal. p-12
90
90. If a private employer and an employee enter into an agreement:
a. Fees must go to the employee
b. No fees can be collected
c. The notary must pay for the bond
d. Notary actions can be limited to business transactions
d. Notary actions can be limited to business transactions
a private employer of a notary public who has entered into an agreement with his or her employee pursuant to Section 8202.7 may limit, during the employee’s ordinary course of employment, the providing of notarial services by the employee solely to transactions directly associated with the business p-26
91
91. An expired California Driver’s License was issued 52 months before presentation to you:
a. It is acceptable as identification
b. Expired licenses are not valid
c. Signer must use a credible witness
d. A subscribing witness could be used
a. It is acceptable as identification
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
92
92. Notaries may not certify a copy of a:
a. Journal entry requested by the Secretary of State
b. Durable power of attorney for health care document
c. Journal entry requested by a member of the public
d. Limited power of attorney document
c. Journal entry requested by a member of the public
X
93
93. When a Notary changes a business address to a new county within California:
a. The Notary must notify the Secretary of State of the
address change
b. The Notary must file a new oath of office and amendment to the Notary’s bond in the new county before notarizing documents in the new county
c. The Notary must change the name of the county in the
Notary’s seal
d. All of the above
a. The Notary must notify the Secretary of State of the address change
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 p-19
94
94. A proof of execution may be performed on a:
a. Deed of reconveyance
b. Quitclaim deed
c. Security agreement
d. Deed of trust
a. Deed of reconveyance
b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustee’s deed or deed of reconveyance is permitted. p-45
95
95. A notary who does not deliver papers to a county clerk after they allow a commission to expire is:
a. Guilty of a felony
b. Guilty of a misdemeanor
c. Guilty of an infraction
d. None of the above
b. Guilty of a misdemeanor
X
96
96. A certificate reads: Subscribed and Sworn to before me on August 5, 2007 by ________. Whose name goes on the blank?
a. Notary
b. Signer
c. Credible Witness
d. Secretary of State
b. Signer
JURAT • That the signer signed the document in the presence of the notary public p-12
97
97. You are not automatically disqualified from doing a notarization when you are a:
a. Lessor
b. Vendee
c. Real Estate Agent
d. Grantor
c. Real Estate Agent
X
98
98. By contract an employee and employer can:
a. Charge $20 for a one person Jurat
b. Notarize outside of California
c. Eliminate their journal
d. Limit services solely to their business
d. Limit services solely to their business
a private employer of a notary public who has entered into an agreement with his or her employee pursuant to Section 8202.7 may limit, during the employee’s ordinary course of employment p-26
99
99. By using the term notario publico in an advertisement, the Notary’s commission could be:
a. Suspended for a period of not less than six months or revoked immediately.
b. Suspended for a period of not less than six months and revoked on the second offense
c. Suspended for a period of not less than one year and revoked on the second offense
d. None of the above
c. Suspended for a period of not less than one year and revoked on the second offense
(d) The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c). However, on the second offense the commission of such notary public shall be revoked permanently p-36
100
100. A Notary may not charge a fee for notarization on:
a. A power of attorney
b. A circulator’s affidavit
c. A quitclaim deed
d. An affidavit of support
b. A circulator’s affidavit
8080. Fee for verification
No fee or charge shall be made or collected by any officer for verifying any nomination
document or circulator’s affidavit p-48
101
101. A Notary may use his or her commission:
a. To endorse a product
b. To notarize for veterans
c. To advise clients on immigration matters
d. Both a and c
b. To notarize for veterans
102
102. A Notary who engages in the unauthorized practice of law may face:
a. Commission denial
b. Commission revocation
c. Commission suspension
d. All of the above
d. All of the above
103
103. When can your notary commission be suspended and/or revoked?
a. Not paying child support
b. Charging $10 for a set of immigration papers in addition to normal notarization fees
c. Charging a friend less then the general public
d. Entering the amount charged in your journal
a. Not paying child support
104
104. When a notary is employed by a city, county or state agency, fees collected for non-agency related notarization are:
a. Kept by the Notary
b. Turned over to a supervisor
c. Remitted by the Notary Public to the employing agency
d. Always free
c. Remitted by the Notary Public to the employing agency
105
105. It is allowable for a notary to notarize for a family member when acting as a:
a. Grantor
b. Trustee
c. Lessor
d. Employee
d. Employee
106
106. A notary can notarize documents to be filed in another State but:
a. Must use California form
b. Can’t certify signer holds a particular capacity
c. Can’t charge any fees
d. Only jurats
b. Can’t certify signer holds a particular capacity
provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law p-11
107
107. An oath to a witness:
a. Always refers to God
b. Can use phrase “under penalty of perjury”
c. Never refers to a Superior Being
d. Has only one recommended question
b. Can use phrase “under penalty of perjury”
(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?” p-48
108
108. If your employer, John Smith, asks to see your journal, which you use in business, to see who is giving him the most business, you should:
a. Let him look at your journal
b. Refuse to let him look at the journal
c. Let him see only the items pertaining to his business
d. Remind him it is your journal and he may not look at it
c. Let him see only the items pertaining to his business
The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employer’s business. p-29
109
109. In the case of the death of a notary public, the personal representative of the deceased shall:
a. Promptly notify the Secretary of State and return journal to the Secretary of State
b. Promptly notify the Secretary of State and return seal and journal to the State
c. Promptly notify the County where the oath and bond are recorded
d. Promptly notify the Secretary of State and send their papers and records to the county where their oath is recorded.
d. Promptly notify the Secretary of State and send their papers and records to the county where their oath is recorded.
(b) In the case of the death of a notary public, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file p-32
110
110. No fees may be charged for verifying:
a. A jurat
b. Nomination document or circulator’s affidavit
c. Any acknowledgments
d. Any protests
b. Nomination document or circulator’s affidavit
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
111
111. When performing a signature by mark notarization:
a. The signer must make his or her mark in the Notary’s
journal
b. The signer does not have to be identified
c. The notary must make the mark in his or her journal
d. The notary must sign the person’s name near his or her mark on the signature line
a. The signer must make his or her mark in the Notary’s journal
• The signer by mark must include his or her mark in the notary public journal. p-15
112
112. A Notary Public can notarize a signature on a document that:
a. They signed as a principal
b. In which they have a direct financial interest
c. Is incomplete
d. Is in a foreign language
d. Is in a foreign language
A notary public can notarize a signature on a document in a foreign language with which
the notary public is not familiar, since a notary public’s function only relates to the signature
and not the contents of the document. p-20
113
113. Which of the following must be included in a Journal:
a. Date of document
b. Address of signer
c. Character of every document
d. Thumbprint of a trustee deed’s signer
c. Character of every document
```
• Character of every instrument sworn to, affirmed, acknowledged or proved before the
notary public (e.g., deed of trust) p-8
```
114
114. If a credible witness personally knows the signer and the notary:
a. Only one witness is needed
b. Two witnesses are needed
c. Three witnesses are needed
d. None of the above
a. Only one witness is needed
B. Oath of a Single Credible Witness – The identity of the signer can be established by
the oath of a single credible witness whom the notary public personally knows. (Civil Code section 1185(b) p-8
115
115. When the last day for filing an instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed:
a. Within one week
b. Within two weeks
c. Within thirty days
d. Upon the next business day
d. Upon the next business day
6800 The time in which any act provided by law is to be done is computed by excluding the first
day, and including the last, unless the last day is a holiday, and then it is also excluded. p-40
(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and
including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays p-46
116
116. Notaries need not record in their journals:
a. The date and time of notarization
b. The fees charged for a notarial services
c. Type of document notarized
d. The signer’s address
d. The signer’s address
all of the above and the address which is not addressed in the handbook in the Notary Public Journal section. p-8
117
117. When the venue of the Notary’s certificate has been filled in beforehand with an incorrect state and county, the Notary must:
a. Attach a loose certificate with a correct venue
b. Reject the document
c. Not tamper with words that may have been filled in by an attorney
d. Line through the inapplicable words, writing in the correct state and county
d. Line through the inapplicable words, writing in the correct state and county
There is not reference for this item in the Notary Handbook however the suggested procedure from the https://www.nationalnotary.org association is:
Line through the incorrect information. Write the correct information in the same box, if there is room to write it legibly. If there is not enough space in the same box, use the box in the line below the entry. There is no rule that says you can only use one line per journal entry.
118
118. Any person who coerces a notary to perform improperly is guilty of:
a. A Felony
b. An Infraction
c. Nothing
d. Misdemeanor
d. Misdemeanor
8225. Improper notarial acts, solicitation, coercion or influence of performance;
misdemeanor (a) Any person who solicits, coerces, or in any manner influences 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 under Section 8206, shall be guilty of a misdemeanor p-38
119
119. Effective July 1, 2005 all appointed persons must complete:
a. Six hours of study
b. Three hours of study
c. Forty-five hours of study
d. A 60 question exam
a. Six hours of study
All persons are required to take and satisfactorily complete a six-hour course of study approved by the Secretary of State prior to appointment as a notary public p-5
120
120. The main purpose of an acknowledgment is to:
a. Authenticate signatures
b. Establish mental competence
c. Require personal appearance
d. Both a and c
d. Both a and c
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189, Government Code section 8202) Identity is established if the notary public is presented with
satisfactory evidence of the signer’s identity. (Civil Code section 1185(a) p-8
121
121. When notarizing a document containing an acknowledgment, the Notary:
a. Must see the document signer sign before them
b. May accept a document that has already been signed
c. Must administer an oath
d. Must take a copy of the acknowledgment
b. May accept a document that has already been signed
“Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the
individual is not the individual he or she claims to be and (A) identification documents or (B) the oath of a single credible witness or (C) the oaths of two credible witnesses under penalty of perjury p-8
122
122. To communicate with the Secretary of State about a change in address:
a. A Notary must communicate the change when it is a business address
b. A Notary must communicate the change when it is a residence address
c. By certified mail within 30 days
d. All of the above
d. All of the above
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. p-19
123
123. When is an oath involved with an acknowledgment:
a. Every time
b. When the signer would like to swear that the contents of the document are true
c. When the signer utilizes a credible witness as ID
d. An oath is never used in an acknowledgment
c. When the signer utilizes a credible witness as ID
“Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the
individual is not the individual he or she claims to be and (A) identification documents or (B) the oath of a single credible witness p-8
124
124. One main purpose of a Jurat is to:
a. Not identify the signer
b. Copy certify a form
c. Make sure the signer signs in front of the Notary
d. Gain evidence to insure truthfulness
c. Make sure the signer signs in front of the Notary
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189, Government Code section 8202) p-8
125
125. To establish proper ID the Notary must accept which of the following from the principal:
a. Two credible witnesses with ID’s who personally know the principal
b. Credible witness personally known by Notary and principal with proper ID.
c. One proper ID – current or issued in the last five years
d. All of the above
d. All of the above
see section "Identification" p-8
126
126. Exceptions to personal appearance by the principal are:
a. There are none
b. Credible witness
c. Photo Business Card
d. Subscribing Witness
d. Subscribing Witness
If a person, called the principal, has signed a document but does not personally appear before a notary public, 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) p-12
127
127. A foreign passport must have one additional item:
a. Stamp from U.S. Immigration Agency
b. Address of signer
c. Phone number of Issuing County
d. Thumbprint
a. Stamp from U.S. Immigration Agency
No reference found.
128
128. To meet the 30 calendar day filing limit of the oath with the county you must:
a. Get them postmarked by 30 days
b. Keep them until you can hand deliver them
c. Allow for any form of delay
d. Pay a fee if late
c. Allow for any form of delay
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. p-6
129
129. A judgment is lodged against a Notary for $22,000 and the bonding company pays $15,000 to the client. The notary is liable for:
a. $7,000
b. $22,000
c. $15,000
d. $0
b. $22,000
The bond is designed only to provide a limited source of funds for paying claims against the notary public. The notary public remains personally liable to the full extent of any damages p-6
130
130. The key wording of an acknowledgement is:
a. Subscribed and sworn to
b. I swear the document is true
c. Personally appeared
d. Protest the payment
c. Personally appeared
* That the signer personally appeared before the notary public on the date indicated in the county indicated;
* To the identity of the signer; and
* That the signer acknowledged executing the document p-10
131
131. A subscribing witness can be identified by:
a. Their current U.S. Passport
b. One credible witness known to the subscribing witness and the notary who has ID
c. Two credible witnesses with proper ID cards
d. A principal who knows them personally
b. One credible witness known to the subscribing witness and the notary who has ID
The credible witness must also present to the notary public any identification document satisfying the requirements for satisfactory evidence as described in Civil Code section 1185(b)(3) or (4) (Civil Code section 1196) p-13
132
132. The true statement below about qualifications is, you must be:
a. Able to read Spanish
b. A U.S. Citizen
c. 18 years of age
d. Resident of California
d. 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; p-5
133
133. It is never acceptable to affix a notary seal and signature to a document without:
a. The notarial wording
b. Being paid
c. Giving an oath
d. Seeing the person sign the document
a. The notarial wording
Also, a notary public seal and signature cannot be
affixed to a document without the correct notarial wording p-12
Note: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording. p-14
134
134. If a notary is unable to communicate with a customer the notary:
a. Should use an interpreter
b. Refer them to someone who speaks their language
c. Report them to Immigration authorities
d. Should notarize any regular documents
b. Refer them to someone who speaks their language
An interpreter should not be used, as vital
information could be lost in the translation. If a notary public is unable to communicate with
a customer, the customer should be referred to a notary public who speaks the customer’s
language. p-20
135
135. In foreign language advertising regulations there are strict rules but the one exception is:
a. A business card in the foreign language
b. A single desk plaque
c. An 8 ½” x 11” brochure
d. Yellow pages advertising
b. A single desk plaque
(a) Every notary public who is not an attorney who advertises the services of a notary public
in a language other than English by signs or other means of written communication, with the
exception of a single desk plaque, p-36
136
136. When a public agency pays an employee’s expenses, the fees:
a. Shall be remitted to the agency
b. Are distributed per an employee-agency agreement
c. Are never collected
d. Go to the notary
a. Shall be remitted to the agency
6100. Performance of services; officers; notaries public
Officers of the state, or of a county or judicial district, shall not perform any official services
unless upon the payment of the fees prescribed by law for the performance of the services,
except as provided in this chapter.
This section shall not be construed to prohibit any notary public, except a notary public
whose fees are required by law to be remitted to the state or any other public agency, from
performing notarial services without charging a fee. p-39
137
137. When a check has not been honored for payment, the Secretary of State shall give a written notice. If no correction is done a second notice of cancellation shall be effective when:
a. 90 days
b. 30 days
c. 20 days
d. 10 days
c. 20 days
This second notice shall be given at least 20 days after the first notice, and no more
than 90 days after the commencement date of the commission. p-27
