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Questions and Answers
What is the legal consequence for a notary public who willfully fails to maintain their official journal as required by law?
What is the legal consequence for a notary public who willfully fails to maintain their official journal as required by law?
- A felony conviction.
- A warning from the California Secretary of State.
- A civil penalty of \$500.
- A misdemeanor conviction. (correct)
Under what circumstances is it permissible for a notary public to surrender their official seal to another individual?
Under what circumstances is it permissible for a notary public to surrender their official seal to another individual?
- Only to individuals explicitly authorized by law to possess the seal. (correct)
- When the notary public is taking a temporary leave of absence.
- When the notary public is incapacitated and a family member needs access.
- With written permission from the California Secretary of State.
What is the required action by a notary public if their official journal is stolen?
What is the required action by a notary public if their official journal is stolen?
- Immediately notify the California Secretary of State within the time required by law. (correct)
- Order a replacement journal from their supplier.
- Publish a notice in a local newspaper.
- File a police report and notify their insurance company.
If a notary public is asked to surrender their official journal for a lawful inspection, what is the consequence of willful refusal?
If a notary public is asked to surrender their official journal for a lawful inspection, what is the consequence of willful refusal?
What constitutes a 'willful' failure in the context of a notary public's duties regarding their journal or seal?
What constitutes a 'willful' failure in the context of a notary public's duties regarding their journal or seal?
Which scenario constitutes a violation of the duty to keep the notary seal under direct and exclusive control?
Which scenario constitutes a violation of the duty to keep the notary seal under direct and exclusive control?
A notary public allows an unauthorized person to possess their official journal. According to the content, what specific violation has the notary committed?
A notary public allows an unauthorized person to possess their official journal. According to the content, what specific violation has the notary committed?
What distinguishes a misdemeanor violation related to notary duties from more severe penalties, such as felonies?
What distinguishes a misdemeanor violation related to notary duties from more severe penalties, such as felonies?
How does the requirement to keep the seal under 'direct and exclusive control' impact the daily practices of a notary public?
How does the requirement to keep the seal under 'direct and exclusive control' impact the daily practices of a notary public?
In the context of notary public duties, what is the primary purpose of maintaining an official journal?
In the context of notary public duties, what is the primary purpose of maintaining an official journal?
Flashcards
Willful Failure of Notary Duties
Willful Failure of Notary Duties
A notary public commits a misdemeanor by willfully failing to perform duties related to their official journal or notarial seal control.
Examples of Notary Duty Violations
Examples of Notary Duty Violations
Failing to maintain the official journal, notify the Secretary of State of journal issues, permitting journal inspection, keep the seal under control, surrendering the journal.
Issues that require informing Secretary of State
Issues that require informing Secretary of State
Losing the journal, theft of journal, journal becoming unusable, surrendering to a peace officer
Study Notes
- It is a misdemeanor for a notary public to willfully fail to perform any duty related to the official journal.
- It is a misdemeanor for a notary public to willfully fail to keep the seal of the notary public under their direct and exclusive control.
- It is a misdemeanor for a notary public to surrender the seal to any person not otherwise authorized by law to possess it.
Violations of This Section Include
- Willful failure to maintain the official journal.
- Willful failure to notify the California Secretary of State within the time required by law if the official journal is lost, stolen, rendered unusable, or surrendered to a peace officer.
- Willful failure to permit a lawful inspection or copying of the official journal.
- Willful failure to keep the seal under direct and exclusive control.
- Surrendering the official journal to any person not authorized to possess it.
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