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Under what circumstance might a California notary public face a civil penalty of up to $1,500?
Under what circumstance might a California notary public face a civil penalty of up to $1,500?
- Advertising notarial services in a language other than English without proper disclosure. (correct)
- Failing to keep a detailed journal of all notarial acts.
- Charging more than the statutorily allowed fee for a notarization.
- Notifying the Secretary of State of a change of address within 30 days.
Which action by a California notary public could be considered an act of 'dishonesty, fraud, or deceit' that may result in a civil penalty?
Which action by a California notary public could be considered an act of 'dishonesty, fraud, or deceit' that may result in a civil penalty?
- Failing to obtain proper identification from a client due to time constraints.
- Unintentionally making a minor error in the journal of notarial acts.
- Providing general legal advice to a client regarding the document being notarized.
- Intentionally deceiving a client to benefit financially or harm another party. (correct)
What is a potential consequence for a California notary public who executes a notarial certificate containing a statement they know to be false?
What is a potential consequence for a California notary public who executes a notarial certificate containing a statement they know to be false?
- Automatic imprisonment for perjury.
- Mandatory attendance at a notary public ethics seminar.
- A verbal warning from the California Secretary of State.
- A civil penalty of up to $1,500. (correct)
What is the maximum civil penalty that a local prosecutor can recover from someone who illegally duplicates a notary public seal?
What is the maximum civil penalty that a local prosecutor can recover from someone who illegally duplicates a notary public seal?
A notary public who also presents themself as an immigration consultant advertises their notary services. Under what condition could this lead to a penalty?
A notary public who also presents themself as an immigration consultant advertises their notary services. Under what condition could this lead to a penalty?
Which of the following scenarios would most likely result in a notary public incurring a $1,500 penalty?
Which of the following scenarios would most likely result in a notary public incurring a $1,500 penalty?
When might a notary public face penalties beyond the standard $1,500 civil penalty?
When might a notary public face penalties beyond the standard $1,500 civil penalty?
What action must a notary take immediately if they realize their notary seal has been stolen?
What action must a notary take immediately if they realize their notary seal has been stolen?
To avoid penalties, what must a California notary public do when advertising notarial services in a language other than English?
To avoid penalties, what must a California notary public do when advertising notarial services in a language other than English?
Which example illustrates a notary failing to 'discharge fully and faithfully' their duties, potentially leading to penalties?
Which example illustrates a notary failing to 'discharge fully and faithfully' their duties, potentially leading to penalties?
Flashcards
False notary advertising penalty
False notary advertising penalty
Misrepresenting duties, rights, or privileges as a notary public.
Notarial dishonesty penalty
Notarial dishonesty penalty
Dishonest, fraudulent, or deceitful actions intended to substantially benefit the notary or injure another.
False certification penalty
False certification penalty
Signing a certificate with knowledge of a false statement in the certificate.
Immigration services violation penalty
Immigration services violation penalty
As an immigration specialist or consultant, advertising as a notary public or violating restrictions on charging for immigration form assistance.
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Advertising Violations penalty
Advertising Violations penalty
Advertising notarial services in another language or translating the term 'notary public'.
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Failure to discharge duties penalty
Failure to discharge duties penalty
Neglecting to fulfill duties and responsibilities as a notary public.
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Seal violation penalty
Seal violation penalty
The local and state prosecutor can recover funds from manufacture, duplication, or sale of the notary public seal and related offenses.
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- The California Secretary of State typically assesses civil penalties up to $1,500 per violation for notarial misconduct.
- These penalties can be in addition to application denial, suspension, or revocation of the notary public commission.
Circumstances for Penalties
- Using false or misleading advertising that misrepresents a notary public's duties, rights, or privileges.
- Dishonest, fraudulent, or deceitful acts with the intent to benefit the notary public or injure another.
- Executing a false statement in a notary public certificate.
- Improperly advertising as an immigration specialist or consultant while being a notary public.
- Violating restrictions on advertising notarial services in languages other than English or literally translating "notary public" into Spanish.
- Willfully failing to fulfill the duties and responsibilities of a notary public.
Seal Violations
- Local and state prosecutors can recover up to $1,500 in a civil action for violations related to the unauthorized manufacture, duplication, or sale of a notary public seal.
- Penalties apply for failing to notify the California Secretary of State about a lost, stolen, destroyed, or damaged notary public seal.
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