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CA Notary > Notary > Flashcards

Notary Flashcards

1
Q

What are the requirements to be a notary?

A

-Legal Resident of CA
- 18 YOA
-Compleate course of study
-Pass written exam
-Pass Background check

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2
Q

What convictions prohibit one from becoming a notary?

A

Felony, lessor offense involving moral turpitude.

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3
Q

What is the length of the required course of study?

A
  • 6 hours for initial cert.
    -3 hours for recert.
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4
Q

What must be done once the commision is issued?

A

30 days to:
-file the oath and bond with the county clerk’s office.

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5
Q

How much is the required bond?

A

$15,000

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6
Q

What is the jurisdiction of a notary?

A

A CA notary may preform acts anywhere in Ca.

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7
Q

How must a notary keep thier seal?

A

Locked and under their exclusive control.

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8
Q

What are the legal requirments for a notary seal?

A

-photographically reproducable
-Contain the State Seal
-Contain “Notary Public”
-Contain name of notary
Contain county where oath is on file
-Contain exp. date of notary license
Contain notary ID #
-Cirle not more than 2” or rectangle not more than 2” by 1.5”

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9
Q

What must be done with seal if notary commission is invalid?

A

Destroyed

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10
Q

Is there a crime for loosing control of a notary seal?

A

A notary public is guilty of a misdemeanor if the notary public willfully fails to keep his or
her notary public seal under the notary public’s direct and exclusive control or if the notary
public willfully surrenders the notary public’s seal to any person not authorized to possess it.
(Government Code section 8228.1)

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11
Q

What is required to certify the identity of a signer for acknowledgment of jurat?

A

Satisfactory evidence

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12
Q

What is satisfactory evidence?

A

-No reason to suspect they are not the person and:
1. I.D. Document
2. Single Credible witness
3. Two credible witnesses under penalty of perjury.

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13
Q

What is a valid ID Document?

A

CA ID or Driver’s license
U.S. Passport
CDC Inmate ID
SO Inmate ID
Consular ID
Canadian, Meixican or others state DL
Other State ID
Military ID
Tribal ID
State, County or City ID

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14
Q

What is required for an ID to be valid

A

-Current or issued in last 5 years
-Photo
-Description
-signature
-ID #

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15
Q

What is required for a single credible witness?

A

-The notary knows the witness
- Witness is established by ID Document
Witness swears:

-The signer is the person in the document
-Witness knows the signer
-it would be difficult or impossible for the signer to obtain another form of ID
-Signer does not possess any valid ID document
- Witness does not have a financial interest and is not named in the document

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16
Q

What is required for 2 credible witnesses?

A

Both credible witnesses present ID Documents
Swear under penalty of perjury:

-The signer is the person in the document
-Witness knows the signer
-it would be difficult or impossible for the signer to obtain another form of ID
-Signer does not possess any valid ID document
- Witness does not have a financial interest and is not named in the document

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17
Q

How many active journals can a notary have?

A

1, only one

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18
Q

What must be recorded in the journal?

A

Date, time and type of act
Charachter of the instrument sworn to, affirmed or acknowledged
Signature of the person who’s signature is notarized
statement that the oath or affirmation was upon “satisfactory evidence.
Basis for the evidence.
The Fee Charged
Thumb Print where required

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19
Q

When is a thumbprint required?

A

Deed, quickclaim deed, deed of trust, or other document affecting real property.
A power of attorney

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20
Q

Which thumbprint?

A

Right thumb, if not available left thumb or any available finger. If no print is possible, notary shall indicate and shall provide an explanation.

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21
Q

What must be done it the journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable?

A

Immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt.

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22
Q

What must be included in a report of a lost or damage journal?

A

The periods of the journal entries
the notary public commission number
The commission expiration date
copy of police report where applicable.

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23
Q

How long does a notary have to respond to a public request for a copy?

A

15 days

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24
Q

What must be included in a public request for a copy of a notary journal?

A

Name of parties, type of document, month and year in which the document was notarized.

25
What can a notary charge for a copy?
$0.30 per page
26
What happens to the journal of an employee when terminated?
The journal goes with the employee as their property no matter who paid for it.
27
What is the crime if a notary willfully fails to property maintain the notary public's journal?
Misdemeanor, Cal. Gov. Sec. 8228.1
28
What must a notary do if their commission is no longer valid?
Deliver all notarial journals, records and papers to the county clerk where the oath is on file.
29
If an expired notary fails to deliver journals what is the crime?
Misdemeanor, Cal. Gov. Sec. 8209
30
Can a Notary notarize documents for relatives?
Yes, unless doing so would provide a direct financial or beneficial interest to the notary or a spouse or domestic partner.
31
When would a notary obtain a financial benefit?
If the notary is names individually as a principal to the transaction. If a notary is names individually as a : beneficiary, grantor, grantee, mortagagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee.
32
What are areas that are not a direct benefit?
Agent, employee, insurer, attorney, escrow holder, or lender acting in that capacity.
33
What is an acknowledgment?
The notary certifies: -The signer personally appeared before the notary on the date indicated. -The signer's identity -The signer acknowledged the document's existence.
34
Must credible witnesses sign the journal?
Yes
35
What goes on the acknowledgment?
A certificate of acknowledgment as outlined.
36
Is the certificate of acknowledgement under penalty of perjury?
Yes
37
What is the crime for willfully stating an untrue fact in in a certificate of acknowledgment?
Civil liability and $10K fine
38
Can a seal be affixed to a notary document with incorrect wording?
No
39
Is a notary required to cross out improper pronouns? he/she/they
No
40
What is a Jurat?
The notary certifies: -signer appeared before the notary in the county noted -signer signed the document in the presence of the notary -Notary administered the oath -the identity of signer
41
What language is required for the Jurat?
The listed language
42
What oath is required for a jurat?
No prescribed language, but "do you swear or affirm that the statements in this document are true?
43
What is a subscribing witness?
A person who observed the signature out of the notary's presence.
44
What are the limitations on proof by a subscribing witness?
Cannot be used for power of attorney, or any transfer deed.
45
What are the requirements for a subscribing witness.
-Swear the person who signed the docuemnt it the one listed - Swear they observed the signature or it was acknowledged -Swear the principal requested the notary Must be IDed under standard for signle witness -Must sign journal
46
What are the requirements for signature by mark?
-Signer must have satisfactory evidence of ID - two witnesses must on the document. They need not sign the journal unless they are credible witnesses. -Signer by mark must leave their mark in the journal.
47
What copies can a notary certify?
Copy of power of attorney, copy of their journal.
48
What does a notary do with incomplete documents?
Refuse them.
49
What happens if there is a notary error?
You have to start over and meet all requirements.
50
How must can a notary charge for a set of imigration forms?
$15.00
51
Who can fill out imigration forms?
-An attorney -U.S. D.O.J. Rep -Cal. Sec. State Immigration consualtant
52
Can a notary perform confidential marriage?
If they are certified by the county clerk and ordained under the family code.
53
When can a notary not charge a fee?
-Notaries appointed to military bases -Election nomination document -securing pension -veteran's benefits -vote by mail ballot
54
For what services can a notary charge $15?
Acknowledgments, Oaths/Affirmations, Jurats, Certifing a copy of a Power of Attorney, a set of imigration forms.
55
What are the maximum fees for deposition services?
$30, administering witness oath = $7; certificate of the deposition = $7.
56
What must a notary do for change of address?
Notify the secretary of state by certified mail or physical delivery with receipt in 30 days?
57
What crime is failure to notify the secretary of state for address change?
Infraction, $500 fine
58
Does a change of adress require a new oath?
No, but it is optional
59

CA Notary (1 decks)

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