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Questions and Answers
Under what circumstances is a notary public most likely to face civil penalties and administrative action?
Under what circumstances is a notary public most likely to face civil penalties and administrative action?
- Neglecting to include a thumbprint in the journal entry.
- Failing to properly witness a signature.
- Completing a certificate of acknowledgment that contains statements the notary public knows to be false. (correct)
- Charging excessive fees for notarial services.
What is the potential consequence for a notary public who knowingly issues a false acknowledgment?
What is the potential consequence for a notary public who knowingly issues a false acknowledgment?
- Suspension of their notary commission for a period of one year.
- Mandatory attendance of a notary public ethics course.
- A monetary fine determined by the county.
- Guilt of forgery. (correct)
Besides the notary public, who else could be found guilty of forgery related to notarial acts?
Besides the notary public, who else could be found guilty of forgery related to notarial acts?
- The county clerk who issued the notary's commission.
- Only the direct supervisor of the notary public.
- Only the person whose signature was falsely acknowledged.
- Anyone who falsifies the acknowledgment of a notary public. (correct)
What is the maximum imprisonment period someone could face for forgery related to notarial acts?
What is the maximum imprisonment period someone could face for forgery related to notarial acts?
What is the classification of 'false certification by a notary public' according to the content?
What is the classification of 'false certification by a notary public' according to the content?
What initial step must Nancy Notary take when Abe Signer presents a document for notarization?
What initial step must Nancy Notary take when Abe Signer presents a document for notarization?
In the example, what specific identification does Nancy use to verify Abe's identity?
In the example, what specific identification does Nancy use to verify Abe's identity?
What critical piece of information must Nancy include in her notary journal according to the example?
What critical piece of information must Nancy include in her notary journal according to the example?
Besides completing the certificate, what else is Nancy required to do with the document Abe presents?
Besides completing the certificate, what else is Nancy required to do with the document Abe presents?
What does the certificate of acknowledgment completed by Nancy primarily verify?
What does the certificate of acknowledgment completed by Nancy primarily verify?
Flashcards
False Acknowledgment Liability
False Acknowledgment Liability
A notary public may face civil penalties and administrative action for including false statements in a certificate of acknowledgment.
Forgery by Notary
Forgery by Notary
A notary public is guilty of forgery if they issue an acknowledgment knowing it to be false.
Falsifying Acknowledgment
Falsifying Acknowledgment
Falsifying a notary public's acknowledgment is considered forgery.
Penalty for Forgery
Penalty for Forgery
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False Certification
False Certification
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Study Notes
Penalties for Notary Publics
- A notary public may face civil penalties and administrative action for completing a certificate of acknowledgment with false statements
- Forgery includes issuing a false acknowledgment, resulting in potential forgery charges
- Falsifying a notary public's acknowledgment can lead to forgery charges
- Punishment for forgery includes imprisonment in state prison or county jail (up to one year)
- False certification by a notary public may be classified as a misdemeanor
- Additional penalties may apply for failing to enter required journal information or for falsely modifying journal entries
Example Scenario
- On January 5, 2016, Abe Signer signs a document for his corporation in San Joaquin County
- Abe takes the document to Nancy Notary for notarization
- Nancy establishes Abe's identity by checking his California Department of Motor Vehicles Driver's License
- Abe acknowledges that the signature on the document is his, in front of Nancy
- Nancy fills out the journal, including the date, time, and type of act
- Abe signs the journal
- Nancy makes an affirmative statement in the journal that Abe's identity was based on evidence
- Acceptable evidence includes Abe's driver's license, the driver's license number, and its issue or expiration date
- Nancy records the fee charged for the notarial act
- Nancy fills out the certificate of acknowledgment and includes the county where the notarization takes place, the date (January 5, 2016), her name and title, and Abe's name as it appears on his identification
- Nancy signs the certificate, stamps it with her seal, and attaches the certificate of acknowledgment to the document
Certificate of Acknowledgment Statement
- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
- The person who appears before the Notary (Abe Signer) proved to the notary public based on satisfactory evidence to be the person whose name is subscribed to the document, executed the same by his/her/their signature on the instrument.
- The certificate is done under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
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