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Notary > Common Questions & Answers 31-40 > Flashcards

Common Questions & Answers 31-40 Flashcards

1
Q

How long is a 6 hour or 3-hour notary course of study proof of completion valid for?

A

2 years of the date of completion

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2
Q

If I am a current notary who took a 6-hour refresher course do I still need to pass the written state exam?

A

Yes, every notary, whether renewing their commission or obtaining it for the first time must take the state exam.

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3
Q

If a notary applicant has been convicted of a crime, does that make then ineligible to become a notary?

A

No if a person has been convicted of a crime it MAY render them ineligible, but such offense does not count grounds for immediate disqualification.

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4
Q

Are those who committed a felony, including crimes committed over 10 years ago that are compatible with notary public duties, subject to disqualification.

A

Yes, persons who committed a felony compatible with the duties of a notary would become immediately disqualified.

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5
Q

Who ultimately makes the decision if an applicant is unfit to be a notary public?

A

The California SOS

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6
Q

What can happen if a notary completes a certificate of acknowledgement that contains a statement the notary knows to be false?

A

The notary can be liable for civil penalties and administrative actions, and the act is also a criminal offense.

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7
Q

Can a notary be guilty of forgery if they issue an acknowledgment that they know to be false?

A

YES

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8
Q

Can a person be sent to person for forgery?

A

Ys if a person is found guilty of forgery, they may be imprisoned for more than one year.

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9
Q

What form should a notary use when a person swears (or affirms) that the contents of a document are true and correct?

A

A Jurat

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10
Q

In order for a notary to complete a jurat, do they need to certify that the signer personally appeared before them?

A

Yes, to complete a jurat a notary must certify that the signer appeared before them and must include the date and county where it occurred.

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11
Q

If I am a notary for my employer, can I leave my journal with my employer so they may inspect whether I am present or not?

A

No, the notary must be present at ALL times. the journal must stay in the possession of the notary at all times.

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12
Q

If notaries who work for their employers are requested to hand over copies of their journal entries, can he notary certified copies of their entries?

A

No, the notary must provide plain copies of the journal entries.

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13
Q

Should a notary be subpoena duces tecum which is a subpoena to produce records in court, are the copies to be certified copies?

A

Yes, they shall be certified copies if requested.

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14
Q

At any time, do I have to turn my journal over to someone?

A

Yes but only during a select number of occassions:

1) if requested in writing by law
2) by a peace officer after a legal request
3) by a county clerk

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15
Q

If a police Officer believes that my journal has evidence of a criminal offense, am I required to surrender my journal?

A

YES

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16
Q

Can I accept an Identification card issued by a mexican public agency that has the person’s photo?

A

Yes, so long as it also includes a description of the person, signature, and ID number.

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17
Q

Can I accept all U.S Military id cards as proof of identification?

A

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 satisify these requirements)

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18
Q

Can I accept an employee ID card Issured 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 the state?

A

Yes, so long as it also contains a photo, a description of the person, signature, and searel or ID Number.

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19
Q

Can a notary establish the signer’s ID by the oath of a single credible witness when they personally know the signer?

A

Yes, so long the notary also knows the credible witness personally and a proper ID of the credible witness is provided.

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20
Q

If a peace officer properly requests ,y journal but refuse their request, what consequence may I face?

A

You may be punished by law or stripped of your notary license.

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21
Q

When a notary has their journal surrendered to a peace officer, what should the notary public do?

A

The notary must do the following:
Obtain a receipt for the journal from the peace officer.
Notify the SOS within 10 days by certified mail or other means that provides a receipt.
The notary shall obtain a new sequential journal.
If the journal is returned, the notary shall make NO new entries in the returned journal.

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22
Q

What should a notary public do if my journal is stolen?

A

If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable The notary shall:

  • Immediately notify the SOS by certified mail or other means that provides a receipt.
  • If applicable provide a police report of theft.
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23
Q

If i no longer wish to be a notary (resign) what am I to do with my notary supplies?

A

You are to return your notary journal to the county clerks office where you filed your notary public oath of office and destroyed your notary seal/Stamp

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24
Q

I’m a notary public and my commission expired and I have NOT obtained a re-appointment what do I do?

A

If you do not obtain reappointment within 30 days of the expiration of your commission, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file.

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25
Q

After obtaining your notary license and you change your place of residence is updating my information with the DMV sufficient?

A

No, you must within 30 days notify the SOS office in writing, by certified mail or any other means of physical delivery that provides a receipt , of your change of address. There is a change of address form.

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26
Q

When submitting my change of address do I need to supply a check to cover the fee?

A

NO. There is no fee to change your address.

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27
Q

When changing my address, I moved to a different county than my orginal oath and bond are filed what should I do?

A

You are not required to change your bond or notarial acts.

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28
Q

If i decide to change my legal name what do I do next?

A
  1. Send a complete name change form to the SOS
  2. Once approved you will be issued an amended commission that reflects your new name.
  3. Next you will need to file a new oath of office and an amendment to your bond with the county clerk within 30 days from the date the amended commission was issued in order for the name change to take effect.
  4. Within 30 days of the filing, you must obtain a new seal that reflects the new name.
  5. Once the amended oath and bond are filed you may no longer use the commission including the stamp that was issued in your previous name.
  6. If you fail to file your amended oath and bond within the 30 day time limit the name change will become void, your commission will revert back to the previous name, and you will be required to submit another name change application.
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29
Q

What happens if I fail to notify the SOS of my name or address change within 30 days?

A

Willful failure to notify the SOS of a change of address is punishable as an infraction by a fine of not more than $500

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30
Q

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?

A

Yes, if the Notary pays the premium on the bond and the cost of any tamps seals, or other supplies required in connection with the appt, commission or performance of the duties of such notary public.

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31
Q

If a person influences a notary to conduct an improper act are they guilty of a crime?

A

Yes, they can be found guilty of a misdemeanor.

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32
Q

Is it okay to keep my journal and seal in the company safe, only employees have access to open it.

A

No it must be under the exclusive control of the notary.

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33
Q

Is there a time where the notary seal is not required on an acknowledgment?

A

The law allows a limited exception when a notary public may authenticate an official act without using an official notarial public seal.

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34
Q

Are their special rules for placing the notary stamp on a docment?

A

Yes, the seal must be legibly and not placed over signatures or other printed material when placed on the document.

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35
Q

I lost my stamp What do I do?

A
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36
Q

I lost my stamp What do I do?

A

Send a letter immediately by certified mail or any other means of physical delivery that provides a receipt to the SOS explaining what happened and if applicable a photocopy of police report.

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37
Q

If I resign my commission, what do I do with my seal.

A

Seal must be destroyed you can do this by cutting it or peeling the seal.

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38
Q

What is the purpose of a Certificate of Acknowledgment?

A

The purpose of a Cert of Acknowledgement is to acknowledge that the person who signed appeared before the notary was properly identified and signed the document.

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39
Q

If a notary realizes the documents are not complete, can they still perform an acknowledgement?

A

No the Public must refuse to notarize the document.

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40
Q

To complete an acknowledgment does the signer have to sign the document in the presence of the notary?

A

No they only need to acknowledge that they did sign the document.

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41
Q

What is a subscribing witness?

A

Should a person that signed a document not be able to appear before the notary, the signer may request antohrer person to sign the document as a witness that the preincipal singer did sign or stated to them that they signed the orginal document therefor this person is called a subscribing witness.

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42
Q

Does a subscribing witness have to sear under oath?

A

Yes, they must swear under oath that:

  • the subscribing witness either saw the principal sign the document or heard the signer acknowledge that he or she signed the document.
  • The principal requested that the subscribing witness sign the document as a witness.
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43
Q

When can a subscribing witness not be used?

A

A proof by subscribing witness cannot be used with any mortgage deed of trust security agreement quitclaim deed or grant deed document.

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44
Q

If there is a credible witness, What must the witness do?

A

The credible witness must sign the notary public’s journal and the notary public must indicate in his or her journal the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witness to establish identities.

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45
Q

Once a person has become a Notary public what other tites are they entitled to?

A

None

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46
Q

If a notary has a financial interest in a document, are they allowed to notarize a signature in the document?

A

No, if the notary has a financial or beneficial interest, then you are not able to notarize the document.

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47
Q

When inspecting a document before it is notarized, which act should a notary complete before they notarize the signature?

A

They must inspect the document to determine that the document is COMPLETE.

48
Q

If after reviewing a document the notary realizes that information is incomplete or missing what must the notary do?

A

The notary must refuse to notarize the document.

49
Q

If a notary is presented a document that is in a foreign language can a notary notarize a signature in that document?

A

Yes a notary may notarize a foreign document.

50
Q

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?

A

No a notary must be able to communicate directly with their customers.

51
Q

If a person with a foreign language brings an interpretur in with them to notarize a document how should the notary proceed?

A

Direct the customer to a notary that speaks their language.

52
Q

If a notary is unable to identify the type of foreign language being notarized, what should the notary enter into the journal?

A

They should enter the type of document as “a document in a foreign language”

53
Q

In what language must the notarial certificate be written when the document is in the foreign language?

A

Written in English

54
Q

Before the notary can notarize the signature of a document what must the notary confirm?

A

The notary must confirm the ID of a person before they can notarize a signature.

55
Q

What is Satisfactory evidence?

A

1) the oath of 1 credible witness
2) the oaths of 2 credible witnesses
3) Proper ID documents

56
Q

If you as a notary personally know the signer, is this sufficient or “satisfactory evidence” to establish the ID of the signer?

A

No this is not satisfactory evidence

57
Q

If an ID document is not current but issued less than 5 years ago is the document valid to use?

A

Yes a requirement of ID documents is that they must be current or issued within the previous 5 years.

58
Q

Is it true that U.S passports aren’t required to have description of the person to be an acceptable ID?

A

True. A passport issued by the U.S doesn’t have to have the description of the person to be considered an acceptable ID.

59
Q

Is an inmate ID a valid form of ID in or out of custody?

A

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 dept detention facility.

60
Q

Can you list 4 items that must be preset on ID’s to be listed as reasonable evidence?

A

ID must include:

1) Serial number or ID number
2) a photograph
3) description of the person
4) signature of the person.

61
Q

Once a notary do have the power to perform a marriage?

A

No except for those authorized by California Laws

62
Q

Does a notary have the ability to charge any they wish?

A

No the maximum fees allowed are listed in the handbook

63
Q

is it required to write “$0 or No Fee” to indicate that no fee was charged for a notary service?

A

Yes, a notary must write in his journal $0 or NO Fee to indicate that no fee was charged they must not leave the fee blank.

64
Q

What is the maximum allowable fee for the signing of an acknowledgment?

A

$15 for each signature acknowledged

65
Q

What is the maximum allowable fee for administering an oath of affirmation to one person?

A

$15 per individual taking the oath or affirmation & certificate.

66
Q

What is the maximum allowable fee for taking a deposition, administering the oath of office certificate of deposition?

A

for all services max $30, $7 for administering the oath to the witness and the sum of $7 for the cert of the deposition.

67
Q

Hoe long does a notary public have to file his oath of office and $15000 surety bond?

A

30 days within the start date of commission

68
Q

In what county must the notary file their bond and oath?

A

both the oath and bond must be filed with the county clerk where the principal place of business of the notary is located.

69
Q

What is an acceptable exception for not having the oath and bond filed within 30 days

A

None. exceptions are not made to the 30 day filing requirements due to mail service delays, county clerk processing delays or for any other reasons.

70
Q

Once a notary changes their business address or residence address how long do they have to notify the SOS office?

A

within 30 days by Certified mail.

71
Q

Can a notary be guilty of an infraction if they don’t notify the SOS of his address changes within 30 days?

A

Yes, and the infraction can be punished by a fine not exceeding $500

72
Q

Can a commercial mailbox or post office be listed as a residence address or principal of business?

A

No

73
Q

What addresses need to be updated if there are changes (personal or business)?

A

Both any change of address must be reported to the secretary of state office.

74
Q

When completing a Jurat using credible witnesses to establish the signer’s Identity, how many credible witnesses do you need?

A

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.

75
Q

What is a good example of a Jurat Oath?

A

“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?

76
Q

Is a notary able to certify copies of a birth certificate?

A

No a notary is not able to certify copies of any vital records such as birth certificates, marriage licenses, or death certificates.

77
Q

What is the purpose of a Subscribing Witness?

A

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 the document. That person is called a subscribing witness.

78
Q

Are their limitations to when a “subscribing witness” can not be USED?

A

Yes, a proof of execution by a subscribing witness cannot be used to conjunction with any power of attorney, deed or mortgage, 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 journal.

79
Q

When advertising in Spanish can a person used the literal translation Notario publico?

A

No

80
Q

Do I need a state any disclaimers when advertising in a foreign language?

A

Yes 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, shall post wit that advertisement a notice in English and in another language which sets forth the following:

i. This statement: I am not an attorney and therefore CANNOT give legal advice about immigration or any other legal matters.
ii. The fees set by statute which a notary public may charge.

81
Q

When making a Journal entry what would be the proper entry for the type of document?

A

The type of document should be listed a the title of the document which is most often found at the top of the page.

82
Q

When filling in the Venue Statement you are listing what?

A

You are listing the state and county in which the person appeared before the notary public and the notarial act took place.

83
Q

when filling in the day, month and year in the journal entry, what should be used?

A

The date must be the one by which the person personally appeared in front of the notary.

84
Q

When can a person use a Signature by Mark?

A

When the signer of an instrument cannot write sign his or her name that person may sign the document by mark.

85
Q

Are witnesses required when a signature by mark is used?

A

Yes, 2 if unknown by the notary. 1 if knows the notary and the individual that is signing by mark.

86
Q

Is a notary able to certify copies of powers of attorney?

A

Yes

87
Q

If a notary is convicted of a felony are you required to surrender the notary seal to the court?

A

Yes, upon conviction of any felony or any crime relating to misconduct on the part of a notary, the court shall revoke the commission of the notary public, and shall require the notary to surrender to the court the seal of the notary public.

88
Q

If a person knowingly destroys a notary journal is that a crime?

A

If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary, such person shall be 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.

89
Q

If a person attempts to convince a notary to make an improper notarial act, can they be found guilty of a crime?

A

Yes

90
Q

Is a notary able to notarize a signature on a immigration document?

A

Yes, however they may not help advise or fill out any information unless they are certified by the state to do so.

91
Q

Can a California registered immigration consultation or an attorney help a person fill out immigration forms?

A

Yes

92
Q

Can an immigration consultation also advertise as a notary?

A

No a notary public legally is barred from advertising in any manner whatsoever that he or she is a notary public.

93
Q

Do the two credible witnesses need to swear (or affirm) that they personally know the signer

A

Yes

94
Q

Do the two credible witnesses need to swear (or affirm) that the signer doesn’t have an ID establish their own Identity?

A

Yes

95
Q

Can any of the credible witnesses be listed in or have a financial interest in the document being signed?

A

No a credible witness must not have any financial interest or be listed in the document.

96
Q

For the privacy of a signer, can a notary skip around in their notary journal?

A

No. All notarial acts must be recorded in sequential order.

97
Q

What is the infraction if a notary does not willfully maintain their notary public journal?

A

A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public journal.

98
Q

If a notary has an outstanding court order or judgment can they refused to be a notary?

A

Yes

99
Q

Is there a reason for the refusal to re-appoint as a notary due to using the phrase Spanish notario Publico?

A

Yes

100
Q

Is the date and time required to be recorded in the notary journal?

A

Yes, date, time and type of each official act is required to be recorded in the notary journal.

101
Q

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?

A

Yes the notary public shall not surrender the journal to any other person. EXCEPT the county clerk or immediately or if the journal is not present 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.

102
Q

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?

A

No if the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained.

103
Q

Is it required to record the signature of each person whose signature is being notarized?

A

Yes

104
Q

when recording the type of ID used what must be included?

A
  1. The governmental agency issuing the document.
  2. the serial or Identifying number of the document
  3. the date of issue of expiration of the document.
105
Q

What items need to be recorded when using two credible witnesses as satisfactory evidence?

A

The signatures and a form of ID by the credible witnesses.

106
Q

If the notary doesn’t charge a fee for a notary act can they leave the fee box blank?

A

No, they must write “0” or “no fee” as the fee.

107
Q

What types of documents require a right thumbprint entry in the journal?

A

Any document that affects real property like a deed would require a signature and thumbprint.

108
Q

Wat should you do if the right thumbprint is not available?

A

Use left thumb or a finger available and mark that right thumb was not available.

109
Q

What is an Acknowledgment used for?

A
  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.
110
Q

Are there any times the right thumbprint is not required when dealing with real property?

A

Yes it shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure nor to a deed of reconveyance.

111
Q

What does a certificate of acknowledgment verify?

A

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.

112
Q

Can the Notary Seal and signature be attached to any document?

A

It is not acceptable to affix public seal and signature to a document without the notarial wording.

113
Q

What is a “Venu Statement”

A

It states the county and state by which the notarizati9n act took place. For example, Sacramento County, California.

114
Q

Are their different fee structures for a notary who is appointed to the military.

A

They are not allowed to charge a fee.

115
Q

Can I notarize a document using a LIVE Video Feed?

A

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.

116
Q

Swear Vs. Affirm, what is the difference?

A

Swear is using God affirm is not. There is no Difference between these two terms when a notary places a person under oath.

Notary (12 decks)

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