California Notary Exam Prep

• These questions can help in preparation to pass the California Notary Exam
• Ensure you get at least 90% correct on this practice exam

Requirements to be a California Notary Public

• Must be a legal resident of California

Notary Jurisdiction

• The jurisdiction is the entire state of California

Perjury Penalty

• Committing perjury carries a possible prison sentence of 2 - 4 years

Oath of Office

• After the commencement date, taking the oath of office requires that you take it within 30 days

Certificate of Authorization

• The State of California must respond within 30 days for a request of a new Certificate of Authorization

Agency for New Certificate

• The Secretary of State is the agency that provides the new certificate

"Notario Publico"

• Using the words "notario publico" is prohibited

Notarizing Fraudulent Documents

• A notary who willingly and knowingly notarizes a fraudulent real estate document is guilty of a felony

Death Certificates

• Death Certificates are not notarized

Subscribing Witness

• A subscribing witness can bring a Homestead Declaration

Stating False Facts

• Stating a known false fact as true carries a penalty of $10,000

Credible Witnesses

• Credible witnesses are not fingerprinted

Becoming a Notary

• Officially becoming a notary happens when your oath and bond are filed

Notary Stamp

• A notary stamp may be rectangular

Stamp Dimensions

• The stamp dimensions could be 1 inch in width by 2 1/2 inches in length

Notarization Restrictions

• If you are a trustor or trustee concerning a document, you must not notarize it

Overcharging Fine

• Overcharging for a non-immigration form has a fine of up to $750

Lost Stamp/Journal Fine

• The fine for failing to notify the State that a stamp or journal was lost is up to $750

Failure to Provide Journal

• Willful failure to provide a journal to a peace officer upon request has a civil penalty of up to $2,500

Failing to Post Signs

• Failing to post signs in English (and other languages used) stating that you're not an attorney results in a fine up to $1,500 and at least one year suspension of commission with revocation of commission for life on the second time

Regulation Time

• When a regulation states 30 days, that means calendar days

Commission Expiration

• Having a commission dated 9/1/05 with an oath filed on 9/25/05 leads to the commission expiring on 8/31/09

Circulator's Affidavit

• The fee for notarizing a circulator's affidavit is $0

Power of Attorney

• A notary can certify a copy of a power of attorney according to the Probate Code

Journal Ownership

• A journal may be turned over to a Peace Officer with probable cause

Signature by Mark

• During the signature by mark process, one person writes the name of the X signer

Moving Notice

• Moving requires contacting the Secretary of State

Moving Authority

• Moving requires contacting the proper authority within 30 days

Giving up Journal

• If a journal is given up to a proper authority, the Secretary of State must be notified within 10 days

Commission Length

• A commission is valid for four years

Notary Bond Value

• A 4-year notary bond is worth $15,000

Statute of Limitations

• The statute of limitations for making a statement known to be false is four years

Acceptable ID

• Acceptable IDs must be current or issued within the past 5 years

Passport Requirements

• A notary's signature is not needed on a passport

Notary Certificate Signature

• Notary certificates are signed by a Notary

ID Requirements

• An ID needs the holder's picture, signature, and physical description

Taking an Oath

• Raising the right hand is not required when taking an oath

Notary Requirements

• Notaries must keep their stamp and journal under their direct control

Resigning a Commission

• Resigning a commission prompts delivering all papers to the Secretary of State

Failing to File Oath/Bond

• Failing to file the oath and bond on time voids the commission

Reappointment Exam

• A notary seeking reappointment must retake the notary exam every 4 years

Address/Name Change Fine

• The fine for willful failure to notify the Secretary of State of an address or name change is $15,000

Withholding Services

• Notaries can withhold services if a document is incomplete, or if they think someone doesn't realize what they're signing

True Statement

• A notary doesn't have to charge a fee

Notarizing Foreign Documents

• A notary may notarize a document in a foreign language

Thumbprints

• Signers of a Trust Deed for real estate must leave a right thumbprint

Notary Obligation

• A notary's obligation is to reimburse a surety company for bond funds paid out

Affirmation

• An affirmation is a legal equivalent of an oath but has no referral to a Supreme Being

Non-Attorney Notary

• A non-attorney notary (qualified & bonded as an immigration consultant) may charge up to $10 for completing a person’s immigration application, oaths and affirmation, and per signature on a Jurat.

May Not Notarize

• A notary may not notarize when they are the attorney who drafted the papers

Applying for a Commission

• Completing an exam, fingerprinting, and being at least 18 years of age are all requirements for a first-time applicant to get a commission

Getting a Certificate of Authorization

• The certificate of authorization may be gotten from the Secretary of State

Satisfactory Evidence of Identity

• Satisfactory evidence of identity means relying on either ID cards or credible identifying witnesses

California Notary

• A California Notary may take depositions and affidavits

Oath

• An oath is a solemn spoken pledge

Certified Copy

• A certified copy certifies an accurate reproduction

Improper Influence

• Influencing a notary to perform improperly is a felony

Notary Action Restriction

• Notaries cannot perform notary actions if named as a principal in a financial transaction

Signing Presence

• A Jurat is signed in the presence of the notary

Acknowledgment Certification

• An acknowledgment certifies that under penalty of perjury, the signer's identity was verified, the signer admitted to signing, and the signer appeared before the notary

Alabama Property

• A man inheriting property in Alabama with his sister, requiring an affidavit to the court, cannot have a friend notarize his sister's signature

Seal Acquisition

• Notaries obtain their seals from approved vendors or manufacturers

Subscribing Witness Action

• When a subscribing witness brings a document, the action is called Proof of Execution

Principal Absence

• If a principal cannot appear, the document may be brought to the notary by one subscribing witness

Witness Oath

• A subscribing witness is placed under oath and asked: Did you sign as a witness? Did the signer acknowledge their signing? Did the signer ask you to get the document notarized?

Embossed Seal

• An embossed seal impression can be acceptable but is not required

Notary Actions

• Acknowledgment, Jurat, Copy Certification, Oath, and Deposition are all Notary Actions

Credible Witnesses

• Credible witnesses must not have a financial interest in the document

Resigning Position

• Resigning a position with an employer requires notifying the Secretary of State of any business address change

Military Notary

• A Military Notary charges no fees

Non-Commissioned Person

• A person who is not commissioned who holds themselves out as a notary is guilty of a misdemeanor

Employer Actions

• Copying journal entries of business-generated documents in front of the notary is something an employer of a Notary can do

Transaction Response Time

• A notary must respond to a request for a transaction within fifteen days

Notary Security Bond

• The notary (or security) bond protects the public

Seal Requirement Exemption

• Subdivision maps are among the only documents that do not require a seal

Venue Location

• The county named in the Venue is where the signer personally appeared

No Right Thumb

• If a person has no right thumb and a thumbprint is needed, use all of the above

Incomplete Document

• If asked to notarize an incomplete document, a notary should refuse

Notary Seal

• A Notary seal all of the above, Be photographically reproducible and contain an expiration date, Contain the state seal and the words notary public and Have a serrated or milled edge border

Most Completed Form

• The most frequently completed form is The acknowledgment

Law Student

• Linda Martinez (a law student, who is starting a business as an immigration consultant) may not advertise that she is a notary public

Journal Items

• The items that must always be put in the journal are Date, time, type of document, fees

Seal Elements

• Some of the elements of a seal are State seal and notary's name, Expiration date of commission and county where oath is on file, Sequential ID number of manufacturer and notary's sequential commission number

Advertising Restriction

• A notary may not advertise the Spanish terms notario publico or notario

Credible Witness Purpose

• The main purpose of a credible identifying witness is to identify a signer

Signature by Mark Witnesses

• Two witnesses for a signature by mark are necessary to view the making or the acknowledging of the mark

Personal Friend

• When notarizing a document for a personal friend, all of the above must be included in the journal

Photocopy Request

• A written request to request a photocopy of a journal entry must contain all of the above, including, Type of notarization, type of document and names of parties, Type of document, month and year of notarization, and parties' signatures, Type of notarization, month and year of notarization and names of parties and Type of document, month and year of notarization and names of parties

Thumbprint Requirement

• A right thumbprint is not required in the Notary journal for a deed of reconveyance

Employer-Employee Agreement

• If a private employer and an employee enter into an agreement, notary actions can be limited to business transactions

Expired California Driver's License

• An expired California Driver's License issued 52 months prior is acceptable as identification

Copy Certification

• Notaries may not certify a copy of a journal entry requested by a member of the public

Address Change

• When a Notary changes a business address to a new county within California, The Notary must notify the Secretary of State of the address change, The Notary must file a new oath of office and amendment to the Notary's bond in the new county before notarizing documents in the new county, and The Notary must change the name of the county in the Notary's seal

Execution Proof

• A proof of execution may be performed on a deed of reconveyance

Paper Delivery

• A notary who does not deliver papers to a county clerk after they allow a commission to expire is guilty of a misdemeanor

Certificate Example

• A certificate reading "Subscribed & Sworn to before me on August 5, 2007 by _______" means the signer's name goes in the blank

Notary Disqualification

• Being a Real Estate Agent does not automatically disqualify you from doing a notarization

Employee/Employer Contract

• By contract, an employee and employer can limit services solely to their business

"Notario Publico" Commission

• By using the term notario publico in an advertisement, The Notary's commission could be suspended for a period of not less than one year and revoked on the second offense

Can't Charge Fee

• A notary may not charge a fee for notarization on a circulator's affidavit

Commission Use

• A Notary may use their commission to notarize for veterans

Unauthorized Practice

• A Notary who engages in the unauthorized practice of law may face all of the above, including, Commission denial, revocation and suspension

Commission Suspension

• A notary commission can be suspended and/or revoked when not paying child support

City/County/State Employee

• When a notary is employed by a city, county or state agency, fees collected for non-agency related notarization are remitted by the Notary Public to the employing agency

Family Member Notarization

• It is allowable for a notary to notarize for a family member when acting as a trustee

Out of State Documents

• A notary can notarize documents to be filed in another State but can't certify that a signer holds a particular capacity

Oath to Witness

• An oath to a witness can use the phrase "under penalty of perjury"

Employer Journal Check

• If your employer, John Smith, asks to see your journal, which you use in business, to see who is giving him the most business, you should only let him see only the items pertaining to his business

Death Notice

• In the case of the death of a notary public, the personal representative of the deceased will promptly notify the Secretary of State and return the journal to the Secretary of State

No Fees

• No fees may be charged for verifying a nomination document or circulator’s affidavit

Signature by Mark

• Performing a signature by mark notarization requires the signer to make his or her mark in the Notary's journal

Notary Documents

• A Notary Public can notarize a signature on a document that is in a foreign language

Journal Items

• The character of every document is not included in a journal

Credible Witness

• If a credible witness personally knows the signer and the notary, only one witness is needed

Filing Deadlines

• When the last day for filing an instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day

No Journal Record

• Notaries need not record in their journals the signer's address

Incorrect Venue

• When the venue of the Notary's certificate has been filled in beforehand with an incorrect state and county, the Notary must line through the inapplicable words, writing in the correct state and county

Coercing a Notary

• Any person who coerces a notary to perform improperly is guilty of a misdemeanor

Recent Requirements

• Effective July 1, 2005, all appointed persons must complete six hours of study

Acknowledgement Purpose

• The main purpose of an acknowledgment is to Authenticate signatures and require personal appearance

Notarizing Acknowledgements

• When notarizing a document containing an acknowledgment, the Notary may accept a document that has already been signed

Changing Address

• To communicate a change in address with the Secretary of State and the Notary must communicate the change when it is a business address, the Notary must communicate the change when it is a residence address and it has to be By certified mail within 30 days

Oath with Acknowledgement

• An oath is never used in an acknowledgment

Jurat Purpose

• One main purpose of a Jurat is to make sure the signer signs in front of the Notary

Proper ID

• To establish proper ID, the Notary must accept all including Two credible witnesses with ID's who personally know the principal, Credible witness personally known by Notary and principal with proper ID. and One proper ID – current or issued in the last five years.

Personal Absence

• There are no exceptions to personal appearance of the principal

Foreign Passport

• A foreign passport must have a stamp from a U.S. Immigration Agency

Oath Deadline

• To meet the 30 calendar day filing limit of the oath with the county you must allow for any form of delay

Judgement Liability

• If a judgment is lodged against a Notary for $22,000 and the bonding company pays $15,000 to the client, the notary is liable for $7,000

Acknowledgement Wording

• The key wording of an acknowledgement is personally appeared

Witness Identification

• A subscribing witness can be identified by their current U.S. Passport

True Qualifications

• A true statement about qualifications is, you must be a Resident of California

Unacceptable Affixing

• It is never acceptable to affix a notary seal and signature to a document without the notarial wording

Customer Communication

• If a notary is unable to communicate with a customer, the notary should refer them to someone who speaks their language

Advertising Exception

• In foreign language advertising regulations, there are strict rules, but the one exception is a business card in the foreign language

Public Agency Expenses

• When a public agency pays an employee's expenses, the fees shall be remitted to the agency

Dishonored Check

• When a check has not been honored for payment, the Secretary of State shall give a written notice. If no correction is done, a second notice of cancellation shall be effective when 20 days after the written notice