Download Notary Public Exam Questions and Answers: A Comprehensive Guide for California and more Exams Business Administration in PDF only on Docsity!
Notary Public Exam Questions and
Answers with Verified Solutions
An employer requests a copy of journal. How should notary respond? โโNotary must either make copies or superivse the entire copying process.
All notary journal entries must include โโ1. date of notarization
- time of notarization
- type of notary performed
- title of doc notarized
- information regarding the ID of signer
- signature of signer
- right thumbprint if doc is a deed, quitclaim, or deed of trust
is using an embosser along w/ seal required โโno
t/f - notary seal must be photographically reproducible โโtrue
t/f - notary seal must be black ink โโfalse
What is the venue
venue also denotes what โโ1.state and county found directly above notary verbiage
2.state and county wehere signer personally appeared before notary
notaries are permitted to notarize as long as venue โโindicates the state and county where notary act is performed
If notary submits applicaton w/out taking exam, how long is application good for. โโ1 year
how long are testing results valid โโ2 years
How much does it cost if you miss deadline for oath and refile app โโ20.00 - for application and wait for new letter of commission to be sent
does notary get surety bond or error and ommissions insurance? how much? โโsurety bond - 15,
ca notary seal must contain โโ1. ca state seal
- name of notary
- sequential commission # of notary
- commission expiration date
- county where notary filed oath-same county as business
- state approved seal manufacturer or vendor #
- words "notary public"
- serrated or milled edge
- rectangular or circular
Does notarizing ca sub division map require a seal โโno -these docs don't retain ink from seal
what does notary do on sub division map above signature โโ1. name of notary
- expiration of commission
- county where oath is on file
DO NOT NEED COMMISSION #
if acknowledgement is taken that is not in correct format loose certificate is attached except โโif the document is to be recorded in another state
jurat is identified by what word or phrase โโsubscribed and sworn (or affirmed) to.
the negligent failure to discharge fully and faithfully can result in โโ750 fine and possible suspension or revcation of commission
four fines listed at 750 โโ1. negligent failure to discharge fully and faithfully any of the duties required by notary
- charging more than the fees prescribed by law
- failure to complete the ack at the time of notary's signature and seal are affixed to doc
- failure to administger the oath or affirmation as required by law.
what 2 violations incur prison charges โโ1. forgery
- perjury
Basic Requirements for becoming notary 6 โโ1. Resident of California
what is the optional insurance a notary can get โโerrors and ommissions insurance to cover notary to limits of insurance
Non-Authorized Acts (notary must refer client to attorney) โโ1. It is against the law:
To give legal advice unless the notary is a practicing attorney To assist anyone in preparing, selecting, or determining a legal document
- If asked to perform these "unlawful practices of law," notary should decline and refer
person to an attorney
what is an Acknowledgment โโWhen a person or issuing agency brings a notary an executable document to notarize, this notarization is an acknowledgment.
what is an Executable document โโA document where the document records a transaction or something that needs to be
carried through.
Examples of Executable Documents
- Contract
- Power of attorney
- Health care directive
- Mortgage agreement
- Deed
penalty for willfully ack false info โโA certificate of acknowledgment must be executed under penalty of perjury. A notary who willfully includes false information on an acknowledgment can be
subject to a civil penalty of up to $10,000.00.
what is an Affidavit โโA written statement made voluntarily, sworn to be true before an authorized official such
as a notary.
Example: "I hereby certify under penalty of perjury that I am acting on my own behalf
and that the forgoing statement(s) are true and correct to the best of my knowledge and belief
Examples of Affidavits โโ1. Statement of a witness who may not be able to appear in court
- Private school affidavit: parents who desire to home-school their child must file this
affidavit claming that their school complies with the California Education Code
- Income affidavits: person states his/her income as they have no other documentation
- A Power of Attorney is the only copy a California notary can certify, besides his/her own journal entry
Steps for Certifying Powers of Attorney 4 โโ1. You must examine the original power of attorney and either make a copy of it
yourself or thoroughly examine the copy or copies presented to you
- Once you determine the copy is identical to the original, you may fill out the
certificate
- Principal signer need not be present when certifying the copy of the Power of
Attorney
- It is not required to check the document presenter's identification, but you may
want to do this as a precaution
what is a Protest โโA formal certificate attesting to the fact that a check, note, or bill of exchange has been
presented for acceptance of payment, and that it has been refused.
- This is not a common notarization and it can be very complex
- It is strongly recommended notarization only be done only under an attorney's
direction
- A Certificate of Protest contains the following information:
Time and place of presentment Fact that presentation was made and manner thereof Cause or reason for protesting the bill Demand made and answer given, if any Fact that acceptor or drawee could not be found
Six guidelines to follow at time of notarization โโFollowing these guidelines will safeguard you against any repercussions for an
incomplete or faulty notarization:
- Make sure signer appears in person at time of notarization (you must both be in
same place at same time)
Exceptions:
o An attorney in fact who has power of attorney
o A subscribing witness who can appear in signer's place
- Make sure you can communicate with signer:
Need to speak the same language as signer Use of interpreter is not allowed
o Witness must present proper ID to the notary
2 If witness is unknown to notary, two witnesses with proper ID are required
3 Once either the single credible witness or the two credible witnesses' identities
are established, they each must take an oath affirming these statements:
4 Witness personally knows signer
5 Signer is person named in document
6 It would be very difficult or impossible for signer to obtain another form of ID
7 Signer does not possess any of the ID documentations deemed necessary
8 Witness does not have a financial interest in the document
9 Witness isn't named in the document
10 If two credible witnesses are used, they must take their oaths under penalty of
perjury
Journal Requirements 5 โโ1. Journal must be bound
- Journal must be sequential
- Only one active journal must be kept at a time
- Journal must be under your direct control at all times
- Journal must be stored in locked, secure area
- Administrative action may be taken by the Secretary of State if proper precautions of securing the journal are not taken
what to do if Lost, Stolen, Misplaced or Unusable Journal โโ1. Report to Secretary of State by certified or registered mail immediately. Include all
pertinent information:
Period of the journal entries Your notary public commission number The expiration date of your commission Copy of police report specifying journal theft (if applicable) Failure to report status of journal to the Secretary of State constitutes a
misdemeanor, and your commission could be revoked or suspended
Surrender journal to the County Clerk within 30 days only upon โโ1 Your resignation
2 Your disqualification
3 Removal from office
4 Expiration of your commission without obtaining reappointment within 30 days
5 death
Requests To Copy Journal Pages how much can you charge โโYou may not charge more than $.30 per page
Requests To Copy Journal Pages
written requests must include โโo Name of party(ies)
o Type of document
o Month and year of requested notarization
If you receive a subpoena duces tecum or court order: you must โโ1 You must provide journal for inspection or copying while in your presence
2 If requested, you may certify the copies
Subscribing Witness Duties โโ1. Either watches the document being signed by principal signer or hears the principal signer acknowledge signing document
- Asked by the principal signer to sign the document as a witness
- Brings the document to be notarized
Can a notary issue a confidential marriage license โโA notary public who is interested in obtaining authorization to issue confidential marriage
licenses may apply for approval to the county clerk in the county in which the notary public
resides. A notary public must not issue a confidential marriage license unless he or she is
approved by the county clerk having jurisdiction.
fee for acknowledgment โโ10.00 per signature notarized
fee for administering oath or affirmation and completing jurat โโ10.
fee for taking deposition โโ20.00 plu 5 for administering oath and 5 for the certificate to the deposition
fee for protests โโ10.00 plus 5 for serving notice of nonpaymnet and 5 for recording the protest
fee for certifying power of attorney โโ10.
fee for notarizing signature on any voting materials โโno fee can be charged
application or claim of US vertan's benefit โโno fee can be charged
When a notary completes a confidential marriage, what notary act will be performed โโJurat
may apply to the County Clerk for a license to "authorize" a confidential marriage. How long is it good for if granted? and where is it legal? โโgood for 90 days
only in county where notary is commissioned
