Notary Exam Flashcards
Notary’s primary function?
authenticate the identity of the signer
How long to file bond and take oath?
within 30 days of commission commencement date. –> file signed version of oath in person with county clerk or by mail or physical form which receives proof of receipt
Jurisdiction
statewide! BUT notary and signer must be in CA when performing notarization
When notary cannot notarize?
Never notarize own signature, be party or principal to transaction and have financial interest in transaction
Real property transaction, a contrary have would have conflict of grantor/grantee, lessor/lessee, vendor/vendee, trustor/trustee, mortgagor or mortgage and beneficiary (ending in OR or EE cannot be notary unless employee
Exceptions: if acting on behalf of signer in capacity of agent, employee, insurer, attorney, escrow holder, lender *** representing signer. Documents notarized for employer as not directly benefiting
*Can notarize for employer if have no financial interest, not a party to transaction, no benefit other than standard salary and fees
Limited Service Agreement
private-employee notary if bond and supplies are paid for by employer may ask only notarize for employees during business hours.
NOTE: law requires notary to take commission and supplies even if employer paid for them,
public employee notary
commissioned for state, county city or public-school agency may charge, fee remitted back to employee, commission ends when public ends.
military base notary
notary commissioned for military base, federal civil service employee, must be US citizen (not required to be ca), jurisdiction limited to base, may not charge fees, commission ends when service on base ends (if move bases then would have to resign and reapply
Notarization process steps
Step 1: Require personal appearance
Step 2: Check the document
Step 3: Verify the facts (signer’s identity and conducting specifics of notarial acts)
Step 4: Fill in the journal
Step 5: Complete the certificate
Step 6: Affix seal
Type of ID’s allowed
i. Always check expiration date date should be current OR issued within the last 5 years
ii. Group 1 or group 2 current or w/in 5 years
Group 1: CA DL or ID card, U.S. Passport, CA inmate ID card (must be in custody), any inmate ID by sheriff’s department (only if notarizing for inmate in custody in local detention facility) ID current as long as in custody
Group 2: Meet same date requirements and must contain PPSS: photograph, physical description, serial number, signature: DL from another US state (DOES NOT INCLUDE PUERTO RICO), DL by authorized Canadian or Mexican public agency (ONLY FOREIGN DL CAN ACCEPT), passport issued by any foreign government, Tribal ID from federally recognized tribal gov., employee ID card issued by agency or office of CA, city and/or county list does not include employee ID for federal gov, consular ID from consulate of signer’s citizenship and military ID card (some military ID’s may not have these)
How do you check a document for notary services?
Look for COMPLETENESS, things like blank spaces or missing spaces. Never advise. Ensure the signature is original (can be photocopied or faxed at times, but must be original)
Signer must have these to establish identification.
acceptable ID available or need one or two credible identifying witnesses.
When to use 1 credible witness?
Notary must personally know the credible witness who knows the signer. Still need to confirm identity, take an oath, sign the journal or note ID used in journal **CANNOT BE PARTY
When to use 2 credible witnesses?
When not known to notary. 2 witnesses who know signer and can present state approved ID card ***CANNOT BE PARTY
i. Identify the witnesses
ii. Administer the oath or affirmation
iii. Have both witnesses sign journal and give ID information
What to note in journal
- Date and time of notarization (am or pm proves sequential order when more than 1 entry for day)
- Type of Notarization (act)
- Document kind or type (instrument)
- Signer identification information (ID card or credible identifying witness(es)) NOT REQUIRED by law,
- Notary fee charges
- Signature of the person whose signature is being notarized
- Thumbprint of signer, required for REAL POWER: deeds, quitclaim deeds, deeds of trust affecting real property, documents affecting real property, powers of attorney) EXCEPT Trustees Deeds of Foreclosure and Deeds of Reconveyance Civil fine of up to $2,500 if fail to obtain required thumbprint
Real property thumb print not required for these?
Trustees Deeds of Foreclosure and Deeds of Reconveyance
Elements to record from ID
- Type of ID
- Issuing Agency
- Serial Number
- Issuance or expiration date (Expiration date if ID current, issuance date recorded)
How to record identifying one credible witness?
can record either the signature or ID card information in the ID column of the journal **Failure to see ID= $10,000 recommended ask to sign and record ID
How to record identifying two credible witnesses?
both signatures and ID information for both credible witnesses in the ID column of your journal
Types of certificates must be completed at time of notarization?
Acknowledgment and Jurat
Can you correct a certificate?
NO! Must do a new one.
Procedure to follow when completing notarial act?
A. Certify the facts.
B. Certificate must be complete before adding my signature and seal.
C. Must only use Notary Seal for rendering notarial services.
D. Misuse of Notary’s signature or seal is grounds for disciplinary action.
What to do when no certificate wording?
When no certificate wording appears on the document, the signer must select type of certificate – NEVER the notary
Certificate components for acknowledgment and jurat
- The notice
- The venue – State of California, County of X -> Where signer personally appears before notary. Not where document signed if for acknowledgment b/c may have been signed before you notarize. If venue is pre-printed and incorrect. You can line through the wrong information, correct and initial next to it. Never use correction fluid.
- Statement of particulars
- Penalty of perjury clause (only required on CA acknowledgments)
- Testimonium clause (only required on CA acknowledgments)
- Notary signature – sign name as it appears on commission
Notary seal components
words “Notary Public”, Notary’s commission name, county where oath and bond on file, seal manufacturer number, notary’s sequential commission number, the commission expiration date, state seal of CA.
Acknowledgments certify these three things
i. Personal appearance
ii. Identifying the signer: an acceptable ID card, or one or two credible witnesses
iii. Signer must acknowledge their signature
What to do if acknowledgment does not have CA wording?
An acknowledgment without CA statutory wording must attach wording to document
What CAN be corrected by the notary on the acknowledgment?
Venue
Acknowledgment must have these
Notice, venue , statement of particulars penalty of perjury, testimonium clause
Perjury + No ID =
10 G’s
Can a notary complete an out of state acknowledgment?
Yes, if filed in another state.
A notary may never complete an out of state if:
It requires the notary to determine/certify representative capacity (representing a corporation, partnership or trust)
What to do if out of state acknowledgment wording is not acceptable?
Cross out existing certificate and attach CA acknowledgment.
An out of state acknowledgment does NOT need
penalty of perjury or testimonium clause
Oath vs. Affirmation
Have same effect, but: Oath= pledge to a Supreme Being and Affirmation= Pledge on one’s own personal honor (with no reference to a supreme being)
How to administer an oath?
Have personal appearance. 1. Oath Taker reads written wording aloud in form of statement
2. You read the wording aloud in the form of a question and the oath taker answers “Yes” or “I do” raising right hand can be done, but NOT REQUIRED by law
What is a Jurat?
When a person is swearing about the truthfulness of a written statement