Notary Public Certification

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Questions and Answers

According to Civil Code section 1189, what specific form must the certificate of acknowledgment adhere to?

  • The form set forth in Civil Code section 1189. (correct)
  • A form approved by the Secretary of State.
  • A form that is notarized in front of two credible witnesses.
  • Any form that includes the notary's commission number.

Which of the following is NOT certified by a notary public in a certificate of acknowledgment?

  • The identity of the signer.
  • The signer acknowledged executing the document.
  • The signer's marital status. (correct)
  • The signer personally appeared before the notary public on the date indicated.

What information must a notary public include in their sequential journal when an acknowledgment is based on the oath of a credible witness personally known to them?

  • The witness's social security number.
  • The signature of the credible witness and the type of identifying document used to establish the witness' identity. (correct)
  • The witness's home address.
  • A statement that the credible witness swore an oath.

According to the content, what is the consequence for a notary public who willfully states a material fact known to be false in a certificate of acknowledgment?

<p>A civil penalty not exceeding $10,000, civil penalties and administrative action, and potentially criminal charges. (A)</p> Signup and view all the answers

Under what condition may a notary public complete a certificate of acknowledgment required in another state?

<p>Provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. (C)</p> Signup and view all the answers

Which of the following best describes the notary public's role when completing a certificate of acknowledgement?

<p>Verifying only the identity of the individual who signed the document. (A)</p> Signup and view all the answers

What is the penalty for perjury related to a certificate of acknowledgment?

<p>The certificate of acknowledgment is executed under penalty of perjury. (C)</p> Signup and view all the answers

When must the certificate of acknowledgment be filled out?

<p>At the time the notary public's signature and seal are affixed. (B)</p> Signup and view all the answers

According to the content, what is NOT allowed regarding acknowledgments?

<p>Affixing an acknowledgment to a document mailed to the notary. (C)</p> Signup and view all the answers

What must a notary public do when the identity of a person making the acknowledgment is established by the oaths or affirmations of two credible witnesses?

<p>The journal must contain the signatures of the credible witnesses and the type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities. (C)</p> Signup and view all the answers

Flashcards

Certificate of Acknowledgment

A statement by the notary that the signer personally appeared, was identified, and acknowledged signing the document.

Certificate of Acknowledgment Form

The form most frequently completed by notaries, as per Civil Code section 1189.

Notary Public Sequential Journal Requirement

The journal must contain a statement that the identity of a person making the acknowledgment or taking the oath or affirmation was based on satisfactory evidence

Consequences of false statements

Filling out incompletely the certificate of acknowledgment with false statements can lead to civil penalties, administrative action, and criminal offense

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Restrictions on Notary Certification

A notary public is prohibited from determining or certifying that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.

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Acknowledgment Requirement

An acknowledgment cannot be affixed to a document mailed or delivered to a notary public whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public.

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Study Notes

  • The certificate of acknowledgment is the form most frequently completed by a notary public.
  • The certificate of acknowledgment must be in the form set forth in Civil Code section 1189.

Notary Public Certification

  • The signer personally appeared before the notary public on the date indicated in the indicated county.
  • The signer's identity
  • The signer acknowledged executing the document

Notary Public Sequential Journal

  • The journal must contain a statement that the identity of a person making the acknowledgment or taking the oath or affirmation was based on satisfactory evidence.
  • If identity was established based on the oath of a credible witness personally known to the notary public, then the journal must contain:
    • Signature of the credible witness
    • Type of identifying document used to establish the witness' identity
    • Governmental agency issuing the document
    • The serial or identifying number of the document
    • The date of issue or expiration of the document
  • If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence, then the journal must contain:
    • Signatures of the credible witnesses
    • Type of identifying document
    • Identifying numbers of the documents
    • Dates of issuance or expiration of the documents presented by the witnesses to establish their identities

Certificate of Acknowledgment

  • Must be completely filled out at the time the notary public's signature and seal are affixed.
  • Executed under penalty of perjury.
  • Completion of a certificate of acknowledgment that contains statements that the notary public knows to be false may cause the notary public to be liable for:
    • Civil penalties
    • Administrative action
    • Criminal offense
  • A notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding $10,000 as per Civil Code section 1189(a)(2).
  • A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.
  • Any certificate of acknowledgment taken within California must be in the specified form.
  • An acknowledgment cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public.
  • A notary public seal and signature cannot be affixed to a document without the correct notarial wording.

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