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2025 - CALIFORNIA NOTARY PUBLIC EXAM/LATEST
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Nancy Notary's father, who is also her employer, asked her to notarize documents for the sale of business property whereby Nancy is named as one of the grantees. What is the appropriate response from Nancy Notary?
- ANSWER- Nancy should explain that she may not notarize the documents because she is named as a principal even though she is acting in the capacity of an employee. What is the purpose of the $15,000 surety bond?
- ANSWER- To provide a limited fund to reimburse members of the public who are damaged by notarial misconduct. The Venue specifically indicates:
- ANSWER- The State and County where the notary and the signer of the document were physically located at the time of signing. The Proof of Execution by Subscribing Witness Certificate is used when a document signer cannot appear personally appear before the notary. All of the following are true about this notary process, except?
- ANSWER- The signer of the document must put his thumbprint in the notary's journal. When Nancy Notary arrived at the nursing home to notarize a Power of Attorney for Bill, a patient there, Nancy realized that Bill was unable to make his signature and had to use the Signature by Mark process. She used two witnesses to watch Bill make his mark on the Power of Attorney and her notary journal. Who must write Bill's name and sign his or her name in the journal next to Bill's mark? - ANSWER- The witness who wrote Bill's name next to Bill's mark on the document or the notary. Which of the following notaries can notarize a document even if he or she is gaining financial compensation from the transaction?
- ANSWER- None of the above
Which document must the notary notarize for free?
- ANSWER- document relating to nomination for public office Marilyn will not be renewing her commission. What must she do with her Notary seal?
- ANSWER- Deface or destroy the seal Nancy notary is also an escrow officer; she earns a bonus from her company for processing the sale of a property for one of the clients. She may: - ANSWER- notarize the document involving this transaction. Who may request a certified copy of a notary's journal entry? - ANSWER- Secretary of State When an advertisement in Spanish says "Notario Publico," what is the maximum the advertising notary can be fined?
- ANSWER- $ Robin is a Notary employed by the Acme Law Firm for the last 25 years. He is ready to retire and resign from his notary commission. What must he do with his notary journal?
- ANSWER- Turn in the journal to the County Clerk's office where his oath and bond are filed. Alissa is a non-attorney notary and a qualified, bonded immigration specialist. How much can Alissa charge to help one individual complete immigration forms?
- ANSWER- $ When notarizing a foreign language document that you cannot read, as a notary you must: - ANSWER- make sure the document is complete and describe it in the journal as a "foreign language document." Linda is called to the UC Davis Burn Unit to notarize a Power of Attorney for Timothy. The head nurse in charge of Timothy's care limits the number of people in Timothy's room. Since he is burned on 80% of his body and does not have specified paper identification, how must Linda proceed since she does not know
Bill brings a document to be acknowledged before a Notary Public. The Notary Public certifies on the Acknowledgment form to all of the following. Which one is incorrect? - ANSWER- "Subscribed and sworn to (or affirmed) before me". Since there is no prescribed wording for an oath, what would be an acceptable oath? - ANSWER- "Do you swear or affirm that the statements in this document are true?" When would a notary public notarize a document using a Signature by Mark? - ANSWER- When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. Which one of the following is not an act that constitutes the unlawful practice of law? - ANSWER- Completing a certificate of Acknowledgment. Since there is no prescribed wording for an oath, what would be an acceptable oath? - ANSWER- "Do you swear or affirm that the statements in this document are true?" A notary public must use the seal on all documents except? - ANSWER- California Subdivision Map certificates To clear a background check, the State law requires all applicants to be.
- ANSWER- Fingerprinted Once the commission has been issued, what must a person do and in how many days? - ANSWER- Take, subscribe, and file an oath of office, and file a $15, surety bond with the county clerk/recorder's office in 30 calendar days. In which county does the notary applicant take, subscribe, and file an oath of office and file a $15,000 surety bond? - ANSWER- In the county where the notary public maintains a principal place of business as shown in the application on file. Upon request of a peace officer within how many days must a notary report the surrender of the official journal to the Secretary of State? - ANSWER- Ten days by certified mail
What is the penalty for failure to surrender the notary public journal to the peace officer when requested? - ANSWER- A civil penalty of up to $2,500 and grounds for revocation or suspension of notary commission In which counties may a notary provide notarial services? - ANSWER- Notaries may offer notary services all counties in the State of California When the notary public commission is no longer valid, what must be done with the notary public seal? - ANSWER- The seal must be destroyed. If the sequential journal is lost or taken by a peace officer, then the notary acquires and starts using a new journal, later, the journal is found or returned, what must the notary do? - ANSWER- The notary public shall make no new entries in the returned journal. Your best friend and fishing buddy, Abe, asks you to notarize his document. Abe lost his identification on a fishing trip. How must you identify Abe? - ANSWER- Satisfactory Evidence: Specified Paper Identification Documents or Credible Witness/es. What acts constitute the unlawful practice of law? - ANSWER- All of the above What is the required amount of the surety bond for every person appointed a notary public? - ANSWER- $15, Nike Notary received his commission packet from the Secretary of State. How many days from the date indicated on the commission does he have to file his oath of office and $15,000 surety bond at the county clerk/recorder? - ANSWER- 30 calendar days Which of these is not a notarial act and procedure? - ANSWER- Certifying a birth certificate for immigration documents. Before a document can be notarized, it must: - ANSWER- All of the above Sam, who is bilingual, took his affidavit of identity to Nate Notary's office. Nate noticed the affidavit did not have the correct wording on the jurat. What must Nate do? - ANSWER- Use a California loose leaf Jurat Certificate.
What kind of bond and how much needs to be filed - ANSWER- Surety bond for 15, What is the purpose of the surety bond - ANSWER- reimburse members of the public that are damaged by notarial misconduct May still be liable for damages, costs and attorney's fees exceeding policy limits What kind of notary publics are not allowed to perform notorial acts on their own time? - ANSWER- Notaries appointed by Secretart of State who serve as notary public on behalf of the state, city or county public agency What are the restrictions of becoming a notary on a military or naval reservation - ANSWER- - doesnt have to be a CA resident
- cannot collect fees
- can only collect fees on the naval reservtion With who should the oath and bond be filed - ANSWER- county clerk in the county where the notary holds her principal place of business How much time and who must a notary notify of an address change? - ANSWER- Notify Secretary of State by certified mail within 30 days of changing residence or business address Fine for failing to notify of address change: - ANSWER- $ What are the two duties to respond to written requests - ANSWER- 1 - respond in 30 days to written requests for information 2 - respond in time specified when certified copies of journal are requested Can an employer request that fees be turned over to employer? - ANSWER- yes. How many journals can a notary keep - ANSWER- one Who can request photostatic copies of a notary's journal? - ANSWER- - any member of the general public can request to see their line item in the journal What must the request include when requesting copies of a notorial journal - ANSWER- - Name of properties
- type of document
- month and year the act occurred Maximum fee per page of copy requests - ANSWER- $0. How long does the notary have to respond to requests for copies of the journal - ANSWER- 15 days Does an employer have to permit their employer, employer's auditor or agent to inspect journal - ANSWER- yes Who has to be present when showing employer journal - ANSWER- the notary public How long does notary have to notify the Secretary of state of journal being taken by peave officer - ANSWER- 10 days How long goes notary have to notify secretary of state of lost, stolen or misplaced - ANSWER- immediately How long after expiration does notary public have to return journal - ANSWER- 30 days What items does notary seal have to include - ANSWER- - words Notary Public
- notary's name
- commission expiration date
- county where oath and bond were filed
- commission number
- sequential ID number for seal When may someone use an embosser seal - ANSWER- if it is also inked When is a seal not required - ANSWER- acknowledgements on a CA subdivision map since the material used for maps isnt compatible with inks What is included in the acknowledgment of the map - ANSWER- - Name
- county where notary's commission is
- expiration date
- signature goes above or adjacent to all this
Who needs to know who in order to use credible witness? - ANSWER- Notary public must PERSONALLY know the credible witness. The credible witness must personally know the signer. Credible witness must present proper ID What must a notary do after identifying a credible witness? - ANSWER- Administer an oath or affirmation to the credible witness who establishes the identity of the signer What must the credible witness swear to under oath - ANSWER- - signer is the person named in the document
- credible witness personally knows signer
- it would be difficult or impossible for signer to get another form of ID
- credible witness does not have financial interest in the document and is not named in the document Who needs to know who in the case of needing two credible witnesses - ANSWER- - Both credible witnesses need to know the signer
- Notary does not need to know either of the credible witnesses What needs to be entered into notarial journal at the time of notarization - ANSWER- - date and time the notary performed the service
- Type of act performed
- character of instrument sworn, affirmed, acknowledged or proved
- Signature of each person whose signature is being notarized
- whether the identity of signer was based on satisfactory evidence
- fee charged
- right hand thumbprint if document was title related OR for power of attorney How must a notary record the signature of multiple documents - ANSWER-
- separate line items for each document notarized What must be recorded for each piece of identification that satisfies satisfactory evidence - ANSWER- - Type of ID
- Government agency that issued ID
- serial number or ID number
- date ID was issued or expires Whose ID should be recorded in the case of one or two credible witnesses - ANSWER- both witnesses identification is needed
What sorts of real estate documents do not require a thumbprint - ANSWER- reconveyance documents, decree of foreclosure, nonjudicial foreclosure What is an acknowledgment - ANSWER- notarial certificate attached to a document when notary confirms the identity of the singer and the singer acknowledges being the signer of the document What does notary certify under penalty of perjury with certificate of acknowledgment? - ANSWER- - signer personally appeared
- identity of the signer
- signer acknowledged signing the document For an acknowledgement, does the document need to be signed in front of the notary? - ANSWER- NO. When is a notary allowed to complete an out of state acknowledgment that will be used in another state or territory. What should be done if this person has to certify the signers role? - ANSWER- When the notary doesnt have to confirm the signers representational status within a corporation/business. If notary has to certify the signers role, the notary must insert the california form What is a venue statement - ANSWER- statement establishes where the acknowledgment and signer personally appeared before the notary. County will always be the county where they appeared What is a Jurat - ANSWER- certificate attached to a document when a person signs a document and swears under oath or affirms that the contents of the document are true and correct What verbage does a Jurat include - ANSWER- sworn to or affirmed What are synonyms for jurats? - ANSWER- affidavit or declaration What does a notary certify happened when competing a Jurat - ANSWER- - signer personally appeared before notary public
- identity of signer was proven by satisfactory evidence
- the notary administered the oath or affirmation
- Signer signed the document IN THE PRESENCE of the notary
- credible witness presented ID
- subscribing witness proved identity of principal What does the subscribing witness swear under oath or affirmation - ANSWER-
- the principal is the person described in the document
- subscribing witness knows principal personally
- subscribing witness saw principal sign document or while in the presence of the principal hear the principal acknowledge signing the document
- subscribing witness was requested by the principal to sign the document as a witness Who must know who in the case of proof of execution - ANSWER- Notary must know credible witness.
- credible witness must know the subscribing witness
- subscribing witness must confirm identity of principal Can a credible witness have financial interest in the transaction - ANSWER- NO Can other formats of Proof of Execution document be acceptable - ANSWER- YES Whose name must appear after personally appeared in proof of execution - ANSWER- subscribing witness whose name must appear after the words "on the oath of" - ANSWER- credible witness who's proving the identity of the subscribing witness What is a signature by mark - ANSWER- signature by mark occurs when a person cannot write his or her own name can acknowledge their signature by making a mark Does the notary public need to confirm the identity of the maker of the mark - ANSWER- YES How and when does a signer acknowledge or subscribe and swear to an affidavit his or her signature on a document - ANSWER- By making a mark where signature should be IN THE PRESENCE of the notary How many witnesses must observe the signer making their mark - ANSWER- two
What are duties of the two witnesses - ANSWER- - must sign names next to the mark
- one witness must write the name of the signer next to signature mark What must occur in the notary's journal when signing with a mark - ANSWER- Signers mark must go in the journal and should be witnessed by one person. Witness must sign his or her name next to the mark and write the name of the signer next to the mark. Can the notary public serve as a witness for the signers journal - ANSWER- YES Does the notary have to verify the identity of the two witnesses when signing by mark? Do their signatures have to go in the journal? - ANSWER- NO to both. The only time the signatures need to go in the journal is if the witness is acting as a credible witness in establishing the identity of the personas signing mark What types of documents can a notary public certify - ANSWER- - powers of attorney
- copies of his sequential journal or purchase of the journal Who can certify copies of vital records - ANSWER- State Registrar What must be done to certify copies of a power of attorney - ANSWER- - compare the document to the original
- attach notarial certificate to the copy
- complete a journal entry What can a notary notarize on immigration docs? - ANSWER- signatures and dates on document Who can advise an individual on which document or form the person can complete
- ANSWER- only an attorney How much can a registered and bonded immigration consultant charge for completing immigration forms? - ANSWER- $ What are the advertising limitations for a notary that is also an immigration consultant - ANSWER- cannot advertise that they are a notary if they also promote themselves as an immigration specialist or consultant
Essentially, a Notary Public ensures the person is who they say they are, witnesses them sign the document, and ensures they are telling the truth. What is required to become a Notary Public in California? - ANSWER- - 18 years old or above
- Legal resident of California
- complete a state approved education course
- Pass a written exam prescribed by the Secretary of State
- Possess integrity
- Pass a background test
- Submit an application How many hours of training must be completed to become a Notary Public?
- ANSWER- - 6 hours
- 3 hours if you are renewing What is the duty of a Notary Public? - ANSWER- It is the duty of a Notary Public to perform a notarial act when presented with a proper request and the fee for the notarial act has been paid. How can a Notary Public ensure they are an impartial witness? - ANSWER- The Notary Public must ensure they have no direct financial or beneficial interest in the notarized transaction. This means that they:
- must not be named in the document.
- may never notarize their own signature. When would their be a conflict of interest for a Notary Public? - ANSWER- A NP who has a direct financial or beneficial interest in a transaction shall not perform any notarization in connection to that transaction.
- Since CA is a community property state, a NP should exercise caution when performing notarial services for a spouse or domestic partner. In real property transactions, a Notary Public would have a Conflict of Interest if named as: - ANSWER- Grantor/grantee Trustor/trustee Lessor/lessee Mortgagor/mortgagee Vendor/vendee
Beneficiary ENDS IN OR/EE NO TO NOTARY What is the memory tool to remember when you have to say no to notary in event of conflict of interest? - ANSWER- if it ends in or/ee - NO TO NOTARY When does a Notary Public have no direct financial or beneficial interest if acting on behalf of the signer in the capacity of: - ANSWER- Agent Attorney Employee Escrow holder Insurer Lender In these capacities, the NP is not benefiting directly and may notarize. Who appoints Notaries Public in the state of CA? - ANSWER- The Secretary of State How is the Notary's right to act as an official witness granted? - ANSWER- By a written authorization called a commission. How long is a Notary's term of office? - ANSWER- Four years Where does a Notary have jurisdiction? - ANSWER- statewide How long after receiving their commission from the Secretary of State does a Notary have to file an oath? - ANSWER- 30 days What are the two steps of authenticating a commission? - ANSWER- - Take and file an oath of public office
- File a $15,000 surety bond with the county clerk's office What are the two ways in which a Notary may file an oat of office? - ANSWER- In person: a county clerk employee will administer the oath of office and identify the Notary. By mail or physical delivery that provides a receipt: another Notary in the same county where the Notary is filing the oat and bond will administer the oat of office.
How long does a Notary Public have to notify SOS of address change?
- ANSWER- 30 days A Notary who changes the address of his or her principle place of business to a new county has the to file a new oath of office and bond in the new county - ANSWER- option In the event of a legal name change, a Notary must file a with the SOS office. - ANSWER- name- change application Willful failure to notify the SOS of a change of address or name can result in an infraction with a fine of up to. - ANSWER- $ If a Notary resigns, is disqualified, removed from office, or allows their appointment to expire without obtaining reappointment in 30 days, they must:
- ANSWER- Turn in journals and papers to county clerk in the county where their oath is on file within 30 days and destroy or deface their seal When must the SOS be notified of the death of a notary? - ANSWER- immediately Upon the death of a Notary, journals must be turned into the county clerk where the oath was filed within days. - ANSWER- 30 What are the two circumstances in which the SOS will make a request of the Notary? - ANSWER- - Information about a notarial act
- A certified copy of a journal entry How long does a Notary Public have to respond to written requests from SOS? - ANSWER- 30 days or within the specified time What are the five steps of notarization? - ANSWER- 1. Require personal appearance
- Scan the document for completeness 3. Identify and screen the signer
- Record the journal entry
- Complete the notarial certificate
A Notary may not take an or a proof of execution on an incomplete document. - ANSWER- acknowledgement A Notary may not notarize a document containing blanks the Notary knows from his or her to be incomplete. - ANSWER- experience All acceptable ID documents must be current or. - Can a phone call, email, or web broadcast replace a personal appearance?
- ANSWER- No What must a notary scan for in a document? - ANSWER- - A complete document
- An original signature What notarial acts involve notarizing signatures? - ANSWER- Acknowledgements Jurats Proof of execution What must a notary screen for before proceeding with any notarization? - ANSWER- willingness and awareness What must a notary obtain for acknowledgements and jurats? - ANSWER- satisfactory evidence of the signer's identity What is classified as satisfactory evidence? - ANSWER- - a state-approved ID
- The oath of one credible identifying witness
- The oats of two credible identifying witnesses Can a Notary use personal knowledge to establish the identity of the signer?
- ANSWER- No ANSWER- issued within the last five years. What are the four main types of CA approved ID documents a Notary may accept?
- ANSWER- - ID card or driver's license issued by the CA Dept of Motor Vehicles.
- US passport
- Inmate ID card issued by the CA Dept of Corrections and Rehabilitation (inmates in custody in prison only)
- Any form of inmate ID issued by a sheriff's department (inmates in custody in a local detention facility only)
