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
What does a notary certify with a Jurat?
- Signer personally appeared
- You identified the signer using satisfactory evidence
- You witnesses the signer sign the document (MUST SIGN IN FRONT OF YOU)
- The signer took an oath or affirmation
Steps for performing a Jurat?
- The signer personally appears before the Notary.
- The Notary checks the document for completeness.
- The Notary positively identifies the signer using satisfactory evidence.
- The notary records a journal entry for the transaction.
- The notary completes certificate wording for a jurat and affixes the official signature and seal.
Can a notary use an out of state certificate wording for a Jurat?
NO
Elements of Jurat.
NOTICE making statement notary has only verified signer, VENUE, STATEMENT OF PARTICULARS “Subscribed and sworn to (or affirmed) to before me on this day of ___, 2___ by ________ (signer’s name), proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.”
SIGNATURE AND SEAL
Can a notary take a deposition and use shorthand?
They can take a deposition but they CANNOT use shorthand unless they are a court reporter
When are some instances in which a Jurat is administered?
Typically performed on affidavit (a written statement signed before a Notary by a person who swears or affirms that the statement is true) and depositions (spoken testimony transcribed into a written document)
Which Jurats does notary need additional information for?
Jurat for Documents with Photographs/Fingerprints and Birth Certificate. Notary must require certified copy of the signer’s birth certificate or CA State ID card or DL
What is copy certification?
attest to or certify that a copy of documents is a true reproduction of the original.
Which documents can a notary copy certify?
- Original power of attorney 2. Journal line entries (from Notary’s journal) request by: subpoena, court order, request from Secretary of State
How to perform copy certification?
- The individual presenting the original power of attorney personally appears before the notary. (Appearance)
- The notary makes or supervises the making of the photocopy of original. (photocopy) (Good idea to be the one to photocopy, but not required to be the one to complete)
- The notary records a journal entry for the transaction. (fill journal) ***NOT REQUIRED TO VERIFY ANYONE’S IDENTITY
- The notary completes certificate wording for copy certification and affixes the official signature and seal
- The notary affixes the certificate to the first page of the copy.
Photo copy of journal time to produce
- Anyone may request. You must provide within 15 business days.
- If get request from secretary of state, then must provide within the window specified. copy certified = time specified
Can a notary notarize a vital document?
NO, but they may notarize the signature on a request for a vital record from the county recorder
Proof of execution by subscribing witness is?
if a person has signed a document but cannot personally appear before a Notary Public another person may appear on the signer’s behalf acting as the subscribing witness
In the case of proof of execution by subscribing witness the subscribing witness =
SUBstitute signer
What can a proof of execution by a subscribing witness replace?
An acknowledgment
When are proof of execution by a subscribing witness forbidden?
REAL POWER DOCUMENTS NEED MORE (mortgages) SECURITY grant deeds, quitclaim deeds, deeds of trust, any document affecting real property, mortgages, security agreements, powers of attorney, any document requiring the notary obtain a thumbprint EXCEPT Deeds of Reconveyance and Trustee’s Deeds of Foreclosure (b/c doesn’t need thumbprint)
Whose signature is notarized in a proof of execution by subscribing witness?
The subscribing witnesses signature NOT the principal signer
Steps for proof of execution by subscribing witness
Step 1: The subscribing witness personally appears before the notary
Step 2: The notary scans the document for completeness
Step 3: The notary positively id’s the signer using one credible identifying witness. The subscribing witness acknowledges executing the document or signs the document if they have not already signed. The notary administer an oath or affirmation to the subscribing witness to
“prove the execution” of the principal signer.
Step 4: The notary records a journal entry for the transaction
Step 5: The notary completes certificate wording for proof of execution, and affixes the official signature and seal
Oath or affirmation for the subscribing witness verifies:
Subscribing witness witnessed the principal sign the document or heard the principal acknowledge that the signature is theirs.
Subscribing witness knows the principal signer to be the person who signed the document
Principal request the subscribing witness sign the document as a witness
What does a credible identifying witness for proof of execution by subscribing witness do and not do?
Does not sign document, takes oath or affirmation vouching for subscribing witness’s identity, presents acceptable identification document, and is present during notarization
Protest
an antiquated act in which notaries were called upon to perform notification activities related to foreign and inland bills of exchange and promissory notes and May ONLY be employed by a notary employed by a financial institution during the course and scope of the Notary’s employment.
Signature by mark
(a solution for people who can’t write for whatever reason – illiteracy or foreign language). Person my sign with an X or other personal mark. Certificate tells what to do. Still must identify the person.
Unique requirements
Signature by mark procedure
- Two witnesses must observe the signer making the mark. (two witnesses – don’t need to know anyone)
- Each witness must sign their names next to the signer’s mark on the document. They don’t need to know either the notary or the signer. (signatures)
- One of the witnesses must also write the signer’s name next to the mark on the document. (signer’s name)
- The signer must also make the mark in the journal. The notary may witness the signer’s mark in the journal. (signer’s mark)
- Fill a certificate. A signature by mark can be done on any document with any kind of notarial certificate. (certificate)
Can a notary notarize foreign language documents?
YES, but certificate must be in English.
What can a notary do with a foreign language signer?
Refer the signer to notary who speaks their language. Cannot use an interpreter
Only document that does not require a seal?
Plastic subdivision maps
What must a notary put on Plastic subdivision maps?
Commission name, commission expiration date, and county of principal place of business
Can a notary certify confidential marriage licenses?
Only if they are approved by the county clerk to issue confidential marriage licenses
What must you do if you resign as a notary?
write a letter to CA SOS with commission name, number, expiration date and county of filing. No letter required if expires. Must then turn the journal to the county clerk in the county of filing and destroy your seal within 30 days.
When is the county clerk involved in the notary process?
files oath and bond to get commission started and takes journals when commission ends.
MUST =
Legal requirements
How many days for representative to notify SOS of death of notary?
Immediately. Must turn in journal and related paper to county clerk and destroy seal in 30 days.
SHOULD =
Preferred practice
Duties around journal
Maintain a journal
Protect it as a public record
Keep it under your direct and exclusive control
Any inspection must be done in the notary’s presence
Employer requirements: inspection and photocopies of business -related transactions only (cover up and redact not related entries)
Certified copy request: certified copies can be provided upon request of SOS, subpoena or court order
Members of the public: photocopies of journal entries in writing and include specific information about notarial transaction
What does a member of the public need to request certified copy of notary’s journal?
3 w’s (Who? What? When?) Names of parties, type of doc, month and year of notarization
Two situations to surrender journal
when commission ends or to a peace officer acting in an official capacity. Must give to peace officer immediately or as soon as possible.
When can you NEVER charge for notarial duties?
if the document relates to a US military veteran benefit including: claim of pension, allotment, insurance, any other veteran’s benefits. Can charge veteran in other circumstances
OR if certifying voting materials
OR if providing to SOS
When can a notary use the term “notario” or “notario publico”
NEVER.
When can you not advertise notarial services?
If you are an immigration consultant
Can a notary advertise in a foreign language?
YES, but must also be in English and must also post a sign stating “I am not an attorney and therefore cannot give legal advise about immigration or any other legal matter” in both English and the foreign language and a list of fees
Infractions =
no jail, punishable by no more than $500 fine like willfully failing to notify SOS of name or address change
Misdemeanors=
punishable by a fine of up to $1,000 and/or up to six months in jail – notary misusing tools of office or attempting to influence MISuse your tools MISdemeanor OhOhOh ($1,000)– six months to jail you go
Felonies =
real estate documents can upgrade a misdemeanor to a felony or involving CA acknowledgment with penalty of perjury clause or forgery. Carry up to 1 year in prison false information must be on the acknowledgment
Civil penalties
fines, lawsuits. Most severe penalties involve a civil law suit for a Notary’s improper conduct or negligence. Reimbursement victim’s loss, victim’s court costs, Notary’s own legal defense. Liable for intentional or unintentional misconduct
Administrative penalties
: commission might be denied, suspended, or revoked
Administrative and advertising = not less than one year suspension
From SOS or public prosecutor
Up to $10,000
Commission cancelled = same as denial
Commission may be denied if:
- The applicant failed to disclose a conviction.
- The applicant has not complied with child support orders.
What happens if you are convicted of felony during commission term?
Commission will automatically be revoked. must surrender seal, court forwards seal to SOS and SOS will destroy it
Commission denial, suspension or revocation and up to $750 fine –>
negligence and overcharging (no-no, 750) and no oath (no-oath, 750)
Commission denial, suspension or revocation and up to $1500 fine
Willful failure to discharge duties fully and faithfully, immigration, and advertising (DOUBLE TROUBLE is 1500)
Commission denial, suspension or revocation and up to $2,500 fine civil penalty
failure to obtain finger prints or surrender to peace officer (THUMBS AND GUNS FOR $2500)
Commission denial, suspension or revocation and up to $10,000 civil penalty
perjury and no ID (NO ID AND PERJURY = 10 G’s)
does a subscribing witness have to be identified. If so, how?
By one credible witness.
A notary may not certify a copy of a:
Journal entry requested by a member of the public
Statement of Particulars
Subscribed and sworn to (or affirmed)
How many credible witnesses needed for proof of execution by subscribing witness?
ONE
How much does a California Notary charge for a job as an immigration consultant?
15
