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A notary public's commission expires on January 1st, but they apply for reappointment on January 15th. Under what circumstances must they deliver their notary journal to the county clerk?
A notary public's commission expires on January 1st, but they apply for reappointment on January 15th. Under what circumstances must they deliver their notary journal to the county clerk?
- They do not need to deliver the journal as long as their reappointment application is pending.
- They must deliver the journal by January 31st, regardless of reappointment status.
- They must deliver the journal by March 2nd if they are not reappointed by January 31st. (correct)
- They must deliver the journal 30 days after being rejected for reappointment.
A notary public is removed from office on July 10th. What is the latest date by which they must deliver their notary journal to the county clerk?
A notary public is removed from office on July 10th. What is the latest date by which they must deliver their notary journal to the county clerk?
- September 8th
- August 9th (correct)
- They are not required to deliver their journal upon removal from office.
- July 30th
What is the potential legal consequence for a notary public who willfully fails to deliver their notary journal to the county clerk within the mandated timeframe?
What is the potential legal consequence for a notary public who willfully fails to deliver their notary journal to the county clerk within the mandated timeframe?
- A warning from the Secretary of State's office.
- Suspension of their notary commission for one year.
- A civil penalty not exceeding $500.
- A misdemeanor charge and personal liability for damages. (correct)
Under what circumstances is a notary public required to deliver their notary journal and records to the county clerk?
Under what circumstances is a notary public required to deliver their notary journal and records to the county clerk?
If a notary public's commission expires, and they apply for reappointment, what triggers the requirement to deliver the notary journal to the county clerk?
If a notary public's commission expires, and they apply for reappointment, what triggers the requirement to deliver the notary journal to the county clerk?
A notary public resigns their commission on March 1st. Their oath is filed in Contra Costa County. They move to Orange County on March 15th. To which county clerk should they deliver their notary journal?
A notary public resigns their commission on March 1st. Their oath is filed in Contra Costa County. They move to Orange County on March 15th. To which county clerk should they deliver their notary journal?
A notary public's commission expires. They do not seek reappointment. They forget to deliver their notary journal to the county clerk. A person suffers damages due to the non-delivery of the journal. What are the potential repercussions for the notary public?
A notary public's commission expires. They do not seek reappointment. They forget to deliver their notary journal to the county clerk. A person suffers damages due to the non-delivery of the journal. What are the potential repercussions for the notary public?
Which of the following best describes the legal standard for failing to deliver a notary journal that results in penalties?
Which of the following best describes the legal standard for failing to deliver a notary journal that results in penalties?
What type of records, besides the notary journal, must be delivered to the county clerk under the specified conditions?
What type of records, besides the notary journal, must be delivered to the county clerk under the specified conditions?
A notary public moves to a different county but still maintains their commission and oath on file in the original county. If they resign, to which county clerk are they required to deliver their notary journal?
A notary public moves to a different county but still maintains their commission and oath on file in the original county. If they resign, to which county clerk are they required to deliver their notary journal?
Flashcards
Resignation/Disqualification
Resignation/Disqualification
If a notary resigns, is disqualified, or removed, journals/records must be delivered to the county clerk where the oath is filed within 30 days.
Expiration of Commission
Expiration of Commission
If reappointment isn't obtained within 30 days of commission expiration, journals/records must be delivered to the county clerk.
Failure to Deliver Records
Failure to Deliver Records
Failure to deliver notarial records within the required time can result in misdemeanor charges and personal liability for damages.
Study Notes
- If a notary public resigns, is disqualified, or is removed from office, the notary journal and all other notarial records must be delivered to the county clerk in which the notary public’s current oath is on file within 30 days.
- If a notary public’s commission expires and the notary public has not obtained reappointment within 30 days after the expiration of the commission, then the notary journal and other notarial records must be delivered to the county clerk within the next 30 days, even if a notary public has applied for reappointment.
- Willful failure to deliver the notary journal and other notarial records to the county clerk within the appropriate time is a misdemeanor, and the notary public is personally liable for damages to any person injured by the non-delivery.
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