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According to the content, what is permitted regarding fees collected by a notary public employee for performing notarial acts as part of their employment?
According to the content, what is permitted regarding fees collected by a notary public employee for performing notarial acts as part of their employment?
- The fees must be split evenly between the notary public and the employer.
- The fees can be remitted to the employer if there is an agreement for the employer to pay for the bond and supplies. (correct)
- The notary public can remit the fees to a charity of their choosing.
- The notary public must always keep the fees, regardless of any agreements.
An employer can legally demand that a notary public employee perform acts that do not comply with California law.
An employer can legally demand that a notary public employee perform acts that do not comply with California law.
False (B)
According to the content, to whom should an employer who requests a notary public to perform unlawful acts be referred?
According to the content, to whom should an employer who requests a notary public to perform unlawful acts be referred?
California Government Code section 8225
If an employer and notary public employee have an agreement for the employer to pay expenses, the employer may limit the employee to providing notarial services solely to transactions directly associated with the business purpose of the employer during _____ _____.
If an employer and notary public employee have an agreement for the employer to pay expenses, the employer may limit the employee to providing notarial services solely to transactions directly associated with the business purpose of the employer during _____ _____.
Match the following scenarios to whether Perry Paralegal is required to deliver the fee to Adam Attorney's accountant:
Match the following scenarios to whether Perry Paralegal is required to deliver the fee to Adam Attorney's accountant:
What potential consequences could arise from a notary public employee performing an improper notarial act?
What potential consequences could arise from a notary public employee performing an improper notarial act?
Perry Paralegal is legally obligated to remit fees collected for notarizing her sister's Interspousal Transfer Deed to Adam Attorney's accountant because Adam paid for her notary commission.
Perry Paralegal is legally obligated to remit fees collected for notarizing her sister's Interspousal Transfer Deed to Adam Attorney's accountant because Adam paid for her notary commission.
According to the content, what specific type of agreement allows a private employer to pay for a notary public's bond premiums and notary supplies?
According to the content, what specific type of agreement allows a private employer to pay for a notary public's bond premiums and notary supplies?
According to the content, Adam Attorney specializes in wills, trusts, and _________.
According to the content, Adam Attorney specializes in wills, trusts, and _________.
Imagine a scenario where Perry Paralegal, in her capacity as a notary, intentionally and fraudulently notarizes a document, causing significant financial harm to an uninvolved third party. Furthermore, Adam Attorney was aware of Perry's intentions but did nothing to stop her. According to the content and general legal principles, which of the following best describes the potential liability?
Imagine a scenario where Perry Paralegal, in her capacity as a notary, intentionally and fraudulently notarizes a document, causing significant financial harm to an uninvolved third party. Furthermore, Adam Attorney was aware of Perry's intentions but did nothing to stop her. According to the content and general legal principles, which of the following best describes the potential liability?
Flashcards
Employer-Paid Notary Costs
Employer-Paid Notary Costs
An agreement between a private employer and a notary public employee that allows the employer to pay for the notary's bond, stamps, and supplies.
Restricted Notarial Services
Restricted Notarial Services
An employer may limit a notary public employee to providing notarial services only for transactions directly related to the employer's business during work hours.
Notary's Outside Work
Notary's Outside Work
A notary public employee can still perform notarial acts outside of work hours, even with an agreement limiting services during work hours.
Coercing a Notary Public
Coercing a Notary Public
Guilty of a misdemeanor someone who coerces or influences a notary public to perform an improper act. (California Government Code section 8225)
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Perry Paralegal
Perry Paralegal
Can perform the acknowledgment after regular office hours and can also charge the statutorily permitted fee for his service without delivering the fee to Adam Attorney’s accountant.
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- A private employer may require a notary public employee to provide notarial services as part of their job.
- A private employer can agree to pay the premiums on the notary public’s official surety bond.
- An employer can cover costs of stamps/supplies for appointment or notarial duties.
- The agreement may state that fees collected by the notary public are given to the employer.
- The employer deposits these fees into the fund from which the worker is paid.
- If there's an agreement for the employer to pay bond premiums, they can limit when the employee provides services.
- The employer can restrict notarial services to transactions directly related to the business during work hours.
- The notary public employee can perform notarial acts outside of work hours.
- A notary public employee must follow California law, regardless of what their employer demands.
- Both the employer and notary public employee can face civil or criminal liability for improper notarial acts.
- California Government Code section 8225 makes it a misdemeanor for anyone to coerce a notary to perform an improper act.
Example Scenario
- Perry Paralegal works for Adam Attorney, specializing in wills, trusts, and probate.
- Adam Attorney requested Perry Paralegal obtain a notary public commission.
- Adam Attorney covered Perry Paralegal's notary public education, exam, and bond costs.
- After Perry was commissioned, Adam reimbursed Perry for filing the oath/bond, seal, journal, and certificates.
- Perry agreed in writing to perform notary services during office hours under Adam's direction.
- Perry agreed to collect fees during work hours and give them to Adam's accountant.
- Perry's sister asked for an acknowledgment after work hours.
- Perry can perform the acknowledgment after work hours, even without Adam's direction.
- Perry may charge the statutorily permitted fee for the service without giving it to Adam.
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