Notary Cali Quiz Flashcards

1
Q

Suppose a credible witness is known personally to both the signer and the notary. Which of the following is a true statement?

A. The document may not be notarized since Civil Code stipulates credible witness in every case.
B. The document may be notarized only if the signed has a proper identifying document.
C. Both the credible witness and the signer must leave a right thumbprint in the Notary’s journal
D. The document may be notarized since one witness is required

A

D-

D. The document may be notarized since one witness is required

Page 9 of notary public journal

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2
Q

It is stated in the __________ that it is lawful for a notary public to certify a copy of a power of attorney

A. Civil code
B. Judicial code
C. Probate code
D. Standards of Practice Code

A

C. Probate code

Page 28 -4

To certify copies of the powers of attorney under section 4307 of the Probate Code

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3
Q

Which of the following is an acceptable size of a Notary’s seal?

A. Exactly one square centimeter when notarizing foreign documents.
B. Not more than 1 inch by 2.5 inches in length of rectangular
C. Not more than 2 inches by 4 inches of rectangular
D. Not more than 2 centimeters in diameter if circular.

A

B. Not more than 1 inch by 2.5 inches in length of rectangular

Page 7

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4
Q

Suppose a claim against a notary public involves damages totaling $25,000 and $15,000 in bond funds are paid to the injured parties. Which amount is the notary personally liable for?

A. $25,000
B. $10,000
C. $15,000
D. $0

A

A-$25,000

Page 6

The notary public remains personally liable to the full extent of any damages sustained and may be required to reimburse the bonding company for suns paid by the company because of misconduct or negligence (government code sections 8212 to 8214)

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5
Q

Which of the following does not require the personal appearance of a principal signer?

A. A signature by Mark
B. A proof of execution by a Subscribing a witness
C. An Acknowledgment
D. A jurat

A

B

B. A proof of execution by a Subscribing a witness

Page 12

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6
Q

If a notary public is unable to communicate with a client

A. The notary should assist the client with the document they are signing
B. The client should be referred to a notary public who speaks the clients language
C. The notary need only obtain an affirmative response when the client is placed under oath
D. The notary should use an interpreter

A

B. The client should be referred to a notary public who speaks the clients language

Page 19

If a notary public is unable to communicate with a customer the customer should be referred to a notary public who speaks the customers language

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7
Q

Suppose you receive your commission and the date is March 1st 2019. If you get your oath and bond filed on March 26th 2019, your commission will

A. Expire on March 25th 2019
B. Expire on February 28th 2019
C. Have already expired. You must file your oath and bond within 15 days
D. Expire on February 28th 2025

A

A. Expire on March 25th 2019

You have 30 calendar days to take oath, bond and subscribe

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8
Q

A proof of execution by a subscribing witness cannot be used in conjunction with
A. () a power of attorney, grant deed, or mortgage
B. A deed of reconveyance or a trustees deed trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure
C. (
) and ()
D. (
) with any deed of trust, security agreement, or any instrument affecting real property or requiring a thumbprint.

A

C. (*) and (**)

A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed see page 14

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9
Q

A notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding

A. $10,000
B. $750
C. $2,500
D. $15,000

A

A. $10,000

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10
Q

The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows. A credible witness

A. Cannot have a financial interest in the document being acknowledged and cannot be names in the document
B. Can be a lesson or lessee but not a mortgage or mortgagee
C. All of the above and below answers
D. Can be identified by the signer in place of an acceptable ID

A

A. Cannot have a financial interest in the document being acknowledged and cannot be names in the document

Page 44

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11
Q

A notarial commission takes effect only after

A. The oath and bond are on file with the county clerk
B. A six hour course of completion
C. The first notarial act is performed
D. A candidate passes their background check

A

A. The oath and bond are on file with the county clerk

Page 6

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12
Q

An embossed seal

A. May be only used by attorneys
B. May not be used since the impression is not photo-statically reproducible
C. May be used in addition to the rubber seal
D. Is required for all notaries public

A

C. May be used in addition to the rubber seal

Page 7

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13
Q

A notary public must establish the identity of a subscribing witness by

A. The oath of two credible witnesses with proper ID’s who personally know the subscribing witness
B. Both (*) and ()
C. (*) the oath of a credible witness who personally knows the subscribing witness
D. (
) the oath of a credible witness whom the notary public personally knows

A

B. Both (*) and (**)

Page 12

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14
Q

An oath, affirmation, or declaration, in an action or proceeding

A. Is not considered a notarial act
B. Must be administered while raising the right hand
C. May be administered by obtaining an affirmation response the following question: “Do you solemnly state under penalty of perjury that the evidence that you shall give in this issue or matter shall be truth, the whole truth, and nothing but the truth?”
D. None of the above

A

C. May be administered by obtaining an affirmation response the following question: “Do you solemnly state under penalty of perjury that the evidence that you shall give in this issue or matter shall be truth, the whole truth, and nothing but the truth?”

Page 48

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15
Q

In the certificate of acknowledgment, the notary public certified which of the following?

A. The signer acknowledged executing the document
B. All of the above/or below answers
C. The identity of the signer
D. The signer personally appeared before the notary public on the date indicated in the county indicated.

A

B. All of the above and below answers

Page 12

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

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16
Q

Only one of the following is not a required item in a notary public’s journal. Which one is it?

A. The signature of each person is being notarized
B. The date, time, and type of each official act (jurat, acknowledgment)
C. The county in which each signer presently resides
D. The character of every instrument sworn to, affirmed, acknowledged or proved before the notary public (eg. deed of trust)

A

C. The county in which each signer presently resides

Page 9

17
Q

A notary may charge a maximum fee of ______________ for certifying a copy of a power of attorney.

A. $15
B. $5
C. $20
D. $7
E. None of the above since notary may not certify copies of powers of attorney 
F. $10
A

A. $15

Page 32

18
Q

Which of the following are specifications of an acceptable seal?

A. It must be photographically reproducible when affixed to a document
B. It must contain the expiration date of the Notary’s public commission and the name of the county where the oath and bond are on file
C. It must contain the State Seal, the words “Notary Public,” and the sequential identification number assigned to the notary public
D. All of the above

A

D. All of the above

Page 7

19
Q

Notaries public may not charge any fees for notarizing which of the following documents?

A. A circulator’s affidavit
B. Any document affecting real property
C. A will for a United States military veteran
D. A deed of trust

A

A. A circulator’s affidavit

Page 18

20
Q

A notary public may not perform a notarial act if

A. Know a signer is not a resident of California
B. A document is written in a language other than English
C. They are an immigration consultant
D. They have a direct financial or beneficial interest in a transaction

A

D. They have a direct financial or beneficial interest in a transaction

Page 39

21
Q

For appointments made or after July 1, 2005 every person appointed as notary public shall have a completed

A. An 8 hour study administered by the county clerk official
B. A 6 hour course of study approved by the Secretary of State
C. A 3 hour refresher course approved by the secretary of state
D. A 3 hour refresher course approved by the bureau of notarial affairs

A

B. A 6 hour course of study approved by the Secretary of State

Page 24

22
Q

For a notary public in California which of the following is prohibited?

A. Advertising using the Spanish words “Notario publico” or “notario”
B. Advertising their services in any way
C. Notarizing documents written in a foreign language
D. Advertising in a foreign language, especially Spanish

A

A. Advertising using the Spanish words “Notario publico” or “notario”

Page 18

23
Q

When filing the oath and bond with the county clerk both items must be ________, otherwise the commission will not be valid.

A. Postmarked within 30 days after the beginning of the term prescribed in your commission
B. Delivered by an authorized legal courier
C. On file within 30 days after the beginning of the term prescribed in the commission
D. Postmarked by certified mail within 30 days after the beginning of the term prescribed in your commission.

A

C. On file within 30 days after the beginning of the term prescribed in the commission

Page 6

24
Q

The sequential journal is the exclusive property of

A. The state of California
B. The notary public
C. The county clerk
D. The Secretary of State

A

B. The notary public

Page 10

25
Q

Of the following which is requirement for becoming a notary public in California?

A. You must be 21 years of age
B. You must have paralegal training
C. You must be a legal resident of California
D. All of the above.

A

C. You must be a legal resident of California

Page 5

26
Q

If a notary wishes to resign their commissions they must

A. All of the answers are correct
B. Deliver their papers and relevant documents to county clerk where the current oath and bo d are on file
C. Destroy their seal
D. Send a letter of resignation to the Secretary of State

A

A. All of the answers are correct

Page 23

27
Q

A maximum fee of _________ May be charged to a United States military veteran for notarization of an application for veterans benefits (eg pension claim, allowance, insurance)

A. $5
B. $15
C. $0
D. $10

A

C. $0

Page 32

28
Q

Inmate identification is an acceptable form of identification for proof of the identity of a credible witness or an individual who executed a written instrument provided

A. None of the above/below
B. () the inmate is in custody in a local detention facility
C. Both (
) and (**)
D. (
). The inmate identification is current or has been issued within 5 years by a sheriff’s department

A

C. Both (*) and (**)

Page 8

29
Q

A notary public’s employer may lawfully

A. Enter corrections to the journal which are related to their business
B. Copy business related journal entries in the presence of the notary
C. Have another employee who is also a commissioned notary public use the journal of the notary is not there
D. Seize and keep the journal any time

A

B. Copy business related journal entries in the presence of the notary

Page 28

30
Q

A notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding

A. $10,000
B. $750
C. $2,500
D. $15,000

A

A. $10,000

Page 11 civil code section 1189

31
Q

Committing perjury is punishable by

A. 4 years in prison
B. 3 years in prison
C. Any of these answers
D. 2 years in prison

A

C. Any of these answers

Page 51

32
Q

A notary public who is unauthorized to practice law but performs acts which are constituted as the practice of law could face which of the following?

A. Up to one year in county jail
B. A fine not exceeding $1,000
C. Suspension, revocation, and or denial of a new commission
D. All of the above

A

D. All of the above

33
Q

Every person who files any false or forged document with the county recorder which affects title to, places an encumbrance on, places an interest secured by a mortgage or deed of trust on, real property consisting of a single family residence containing not more than 4 dwelling units, with knowledge that the document is false or forged is punishable in addition to any other punishment by a fine not exceeding

A. $100,000
B. $25,000
C. $75,000
D. $50,000

A

C. $75,000

Page 49

34
Q

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

A. $5,000
B. $1,000
C. $750
D. $2,500

A

D. $2,500

Page 35

35
Q

Forgery is punishable by

A. Imprisonment in a county jail for not more than six months

B. Imprisonment for at least one year
C. Imprisonment for least one year but not exceeding 3 years
D. Imprisonment in a county jail for not more than one year

A

D. Imprisonment in a county jail for not more than one year

Page 51

Or by imprisonment pursuant to subdivision

36
Q

A notary who fails to obtain a thumbprint as required by section 8206 from a party signing a document shall be subject to a civil penalty not exceeding

A. $750
B. $500
C. $1,000
D. $2,500

A

D. $2,500

37
Q

Which of the following is Grounds for Denial, revocation, or suspension of appointment and commission?

A. All of the answers are correct
B. Willful failure to report the theft or loss of the sequential journal
C. Charging more then the fee prescribed by law AND illegal advertising
D. Improper notarial acts

A

A. All of the answers are correct

Page 17

In addition the Secretary of State May deny an application if the person has not complied with child or family support obligations (family code section 17520)

38
Q

Charging more than the maximum fee for notarizing a non immigration form is punishable by a fine not exceeding

A. $500
B. $750
C. $2,500
D. $1,000

A

B. $750

39
Q

Every notary public who is not an attorney who advertises the services of a notary public in a language other than English shall post with that advertisement a notice on English and in the other language which states that you are not an attorney and cannot give legal advice. What is the penalty for violation of the above?

A. A fine not exceeding $1000
B. 1,2, or 3 years in prison
C. A minimum one year suspension of commission and a lifetime revocation of commission on the second offense and fine not exceeding $1,500
D. 1,2, or 3 years in prison, a $5,000 fine and immediate lifetime revocation of commission

A

C. A minimum one year suspension of commission and a lifetime revocation of commission on the second offense and fine not exceeding $1,500