California Notarial Acts

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Questions and Answers

A notary public in California is permitted to use their official seal and title under which circumstance?

For purposes explicitly described in the California Government Code and to render notarial services. (correct)
On any document presented to them, as long as a fee is collected.
When requested by a close family member, regardless of the document type.
For personal documents, as long as it does not create a conflict of interest.

What action should a California notary public take if asked to perform a notarial act not described in California law?

Perform the act but document that it falls outside of standard notarial practices.
Refuse to perform the notarial act. (correct)
Perform the notarial act and inform the requestor that it may not be legally binding.
Consult with a legal professional to see if the act can be performed under special circumstances.

What are potential consequences for a notary public who uses their official seal on documents not described in California law?

A temporary fine, dependent on the severity of the infraction.
Revocation or suspension of the notary public's commission, or denial of application. (correct)
Mandatory attendance of a refresher course on notarial practices.
A written warning from the California Secretary of State's office.

When a document is said to be 'notarized', what is the notary public actually notarizing?

The signature of the person who signed the document. (C) Signup and view all the answers

Under what circumstance is a notary public prohibited from notarizing a signature?

When the notary public has a direct financial or beneficial interest in the transaction. (B) Signup and view all the answers

Why is it important for notaries to memorize the 'essential basics' of notarization?

These basics are required in almost all notarizations. (C) Signup and view all the answers

What is the primary focus of the 'Essential Basics' described in the module?

Mastering the fundamental steps and requirements for most notarizations. (C) Signup and view all the answers

What should a notary public do if they are uncertain about a new term introduced during their training?

Review the material where the term is introduced, as it will be covered in detail. (A) Signup and view all the answers

What determines whether a notary public can use their title of 'notary public' to render services?

Whether the services fall under those defined as notarial by California law. (C) Signup and view all the answers

Select which action may lead to suspension of commission or application denial.

A Notary Public using their title on documents not described by California law. (D) Signup and view all the answers

Flashcards

Document Notarization

Refers to when a notary public performs an act related to a document, essentially authenticating a signature.

Use of Seal and Title

A notary public can ONLY use the notary public’s seal for purposes described in the California Government Code and only can use the title “notary public” to render notarial services.

Prohibited Acts

A notary public is prohibited from using the official seal and title “notary public” either on documents that are not described in California law or without the required notarial wording. Doing either of these prohibited acts may cause the notary public’s commission to be revoked or suspended or application denied.

Conflict of Interest

A notary public cannot notarize his or her own signature or a transaction in which the notary public has a direct financial or beneficial interest.

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Study Notes

This module explains, and focuses on, the most frequent and important acts in California law that a notary public may perform.
A notary public can only use the notary public’s seal for purposes described in the California Government Code.
A notary public can only use the title “notary public” to render notarial services.
A notary public must refuse to perform any notarial act that is not described in California law.
A notary public is prohibited from using the official seal and title “notary public” either on documents that are not described in California law or without the required notarial wording.
Performing prohibited acts may cause the notary public’s commission to be revoked or suspended or application denied.
Most notarial acts relate to another person signing or certifying a document.
When a notary public performs an act in relation to a document, the document is commonly said to be “notarized.”
A notary public only notarizes the signature of the person who signed the document.
A notary public cannot notarize their own signature.
A notary public cannot notarize a transaction in which they have a direct financial or beneficial interest.
The "Essential Basics" are required in almost all notarizations.

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