What is a Notary

Question 1

What is a notary?

Answer 1

Public Servant that serves as an impartial witness (third party) to minimize fraud.

Question 2

Another word for “Party” (in Third Party)

Answer 2

Principal

Meaning, notary may not be a “main party” or main signer to the signing process.

You can’t have your name on it or if you are signing the document. or if you have a financial benefit to signing.

Question 3

What about employees?

Answer 3

You may notarize documents for your employer due to “Indirect beneficial interest”, unless the document would give you a direct raise.

Question 4

Indirect beneficial interest

Answer 4

If you have NO direct connection to the document, regardless if it would affect you in the long run, this would be considered an indirect beneficial interest

Question 5

What about family member?

Answer 5

You can notarize for your family - anyone as long as it’s not yourself and if you do not have direct beneficial interest.

Question 6

what does a notary do

Answer 6

1. make sure signer personally appears
2. check id
3. Put the person in journal to keep record of notarization
4. Follow the notary procedure : acknowledgement and jurat

Question 7

Acknowledgement

Answer 7

procedure in which you say, “do you acknowledge that this is your signature and that you signed it voluntarily”

person can sign it beforehand

must follow the 4 steps

Question 8

Jurat

Answer 8

A different procedure:

you’re under oath and say “do you swear or affirm that this document is true?”

person is signing under oath and has to sign in front of you.

Question 9

Affiant

Answer 9

a person that is signing a document under oath

Question 10

Notary powers

Answer 10

-Putting people under oath

-confirming identity

-a notary confirming id means more than a random person checking id

Question 11

Jurisdiction Power

Answer 11

• Can notarize anywhere in California
  Document can be
  1. from any state
  2. Any country
  3. in any language
  as long as you are in the state of California

Question 12

Can you notarize documents in a different language?

Answer 12

Yes because you don’t need to know the specific language as you only have to make sure you complete your duty regarding the main 4 things a notary does

(Make sure signer personally appears, show id, journal notarization, follow jurat or acknowledgement process)

Question 13

Are you notarizing documents or signatures?

Answer 13

Signatures

Question 14

Are you responsible for the contents and the origins of the document? regardless if it is fraudulent document?

Answer 14

No, because you are responsible for notarizing the signature. That is a crime on their behalf.

Question 15

what if document appears to be incomplete?

Answer 15

You must notarize a document that is “complete” BASED on your experience. You can refuse to notarize if it appears to be incomplete

Question 16

Can you have an interpreter during the notarization?

Answer 16

You must communicate DIRECTLY to the signer. If a person speaks a specific language that person has to find someone who can speak their language to fulfill the “direct communication” factor

Question 17

What if the signer knows ASL?

Answer 17

Remember, you have to communicate directly to the signer. If you don’t know ASL, you can write back and forth to communicate DIRECTLY.

Question 18

put people under oath

Answer 18

power granted to notary by secretary of state

Question 19

Confirming identity

Answer 19

power granted to notary by secretary of state

Question 20

qualifications of becoming a notary

Answer 20

-18 YEARS OF AGE
- BE a legal resident of california
- don’t have to be a citizen, just a legal citizen

Question 21

take a class and get certified

Answer 21

• license lasts for 4 years
• re-commissioning notaries need to
• recommission 6 months before expiration
• take your proof of completion to test station

Question 22

take a test

Answer 22

• in person
• provided by CPS: COOPERATIVE PERSONEL SERVICES
• 45 MULTIPLE CHOICE Q
• 60 MINUTES
• TO PASS YOU NEED 70% OR ABOVE
• provide proof of completion form

Question 23

Fingerprints

Answer 23

Background check
live scan sends fingerprints to DOJ and FBI
Secretary of State reviews your background

Question 24

take oath

Answer 24

-receive notary commission document
- YOU MUST file your oath
- go to county clerks office
- 51% or more of your business, therefore you gotta go to the county you go to

Question 25

Secretary of state packet

Answer 25

will not have a “notary” label on it
it’ll only have a bank envelope and a “registered to vote” label