Notary Public: Common Mistakes

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Questions and Answers

What is the primary reason for a notary public to avoid using abbreviations when recording information in their notary journal?

  • To comply with federal regulations regarding record-keeping.
  • To increase the speed and efficiency of recording notarial acts.
  • To ensure the journal meets aesthetic standards set by the Secretary of State.
  • To maintain clarity and provide a complete, understandable record of the notarial act, especially when a copy of a journal page is requested. (correct)

According to the guidelines, what should a notary public do if their notary journal is stolen?

  • Purchase a replacement journal and reconstruct the missing entries.
  • Inform all previous clients of the potential security breach.
  • Notify the Secretary of State immediately. (correct)
  • File a police report and then continue performing notarial acts using a temporary journal.

A notary public is asked to notarize a document for a long-time client but the client doesn't have a valid ID. The client says 'I trust you, can't you just sign and stamp it?'. What is the correct procedure for the notary?

  • Accept a written statement from a credible witness attesting to the client's identity in lieu of standard identification.
  • Proceed with the notarization, noting the client's identity in the journal but waiving the ID requirement due to the existing relationship.
  • Contact the Secretary of State to request a special exception for this particular client and situation.
  • Refuse to notarize the document until the client provides an acceptable form of identification as specified in California Civil Code section 1185. (correct)

Why is it insufficient for a notary public to only sign and stamp a document without completing a notarial certificate?

<p>Merely signing and stamping does not constitute a complete notarial act; a notarial certificate must be completed for every official act. (D)</p> Signup and view all the answers

According to the guidelines, what action should a notary take regarding their notary journal when their commission expires and they do not seek reappointment?

<p>The notary public must submit the journal to the county clerk's office. (A)</p> Signup and view all the answers

Which of the following scenarios requires a notary to obtain a thumbprint in their journal?

<p>Notarizing a deed affecting real property. (A)</p> Signup and view all the answers

What is the significance of using the exact wording required by California Government Code section 8202 or California Civil Code section 1189 when completing jurats and certificates of acknowledgment?

<p>It ensures compliance with California law, making the jurat or certificate of acknowledgment legally sound and accepted. (D)</p> Signup and view all the answers

In which situation is it acceptable for someone other than the notary public to assist in completing journal entries?

<p>Under no circumstances. (D)</p> Signup and view all the answers

A person presents a Matricula Consular card as identification to a notary. Can the notary accept this as a valid form of identification? Pick the best answer.

<p>No, Matricula Consular cards are specifically listed as unacceptable forms of identification. (A)</p> Signup and view all the answers

Why is it essential for a notary public to keep their notary journal and official seal in a locked and secure place?

<p>To prevent unauthorized use and maintain the integrity of the notarial process. (C)</p> Signup and view all the answers

Flashcards

Signer Presence

All signers must be physically present before the notary during notarization.

Exact Wording

Use only the exact wording for jurats and acknowledgments as specified in CA codes.

Complete Certificate

Each notarial act requires a complete notarial certificate. Signing/stamping alone isn't enough.

Journal and Seal Security

Keep journal and seal secure; don't share access or allow assistance.

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Lost/Stolen Notification

Notify the Secretary of State immediately if your journal or seal is lost or stolen.

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Complete Journal Entries

Record every act in your journal, even those without a customer signature.

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No Abbreviations

Record all info without abbreviations, in your notary journal.

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Acceptable IDs

Only use IDs listed in CA Civil Code 1185. No student IDs, etc.

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Thumbprint Required

Get a thumbprint for deeds, powers of attorney, and real property documents.

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Journal Submission

Submit your journal to the county clerk upon commission expiration (unless reappointed within 30 days).

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Study Notes

  • Secretary of State investigators identified the ten most common mistakes a notary public can make.
  • Following the given guidelines helps notaries avoid these mistakes.

Presence of Signers

  • All individuals for whom notarial acts are performed must be present.
  • The signer must be present when completing a jurat or certificate of acknowledgment.

Jurat and Acknowledgment Wording

  • Jurats and certificates of acknowledgment must match the wording in California Government Code section 8202 (jurat) or California Civil Code section 1189 (certificate of acknowledgment).
  • Jurat and acknowledgment templates are available online.

Notarial Certificate

  • A notarial certificate must be completed for every official act.
  • Signing and stamping a document alone does not constitute a notarial act.
  • Stamping pages attached to a page with a completed notarial certificate is not permitted.

Security of Journal and Seal

  • The notary journal and official seal must be kept in a locked and secure place accessible only to the notary.
  • No one should assist in completing journal entries.
  • The notary journal and official seal must always be under the notary's direct and exclusive control.

Lost or Stolen Items

  • The Secretary of State must be notified immediately if the notary journal or seal is lost or stolen.

Journal Details

  • Every official act must be recorded in the notary journal.
  • This includes acts that don't require a signature, such as certifying a copy of a power of attorney.

Accurate Journal Entries

  • All legally required information must be recorded completely, without abbreviations, for every notarial act.
  • Complete entries are necessary to provide a complete record of the notarial act.
  • California law requires recording:
    • The date and time of each notarial act
    • The type of notarial act performed (e.g., jurat, acknowledgment, certified copy of a power of attorney)
    • The type of document notarized (e.g., deed of trust, permission to travel)
    • The signatures of every person whose signature is being notarized
    • Details of the identification document used:
      • Type of identification (e.g., driver license, passport)
      • Issuing governmental agency
      • Serial number
      • Issue or expiration date
    • If credible witnesses are used:
      • Name of each credible witness
      • Details of each credible witness’ identification documents
    • The fee charged
    • When required, a thumbprint

Acceptable Identification

  • Only identification documents listed in California Civil Code section 1185 are acceptable.
  • Unacceptable forms of identification include student ID cards, voter ID, Matricula Consular cards, Social Security cards, and Costco cards.

Thumbprints

  • A thumbprint must be obtained for every person for whom a notary notarizes:
    • A deed
    • A power of attorney
    • Any document affecting real property

Journal Submission

  • The notary journal must be submitted to the county clerk when the notary's commission expires.
  • Exception: If reappointment is obtained within 30 days.

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