Ca Notary

Critical commencement date

commencement date stated in the commission NOT date commission was issued or mailed

Who issues commission?

Secretary of State

When does commission become valid

After taking oath of office and bond are filed on time

Who do you file oath and bond with

county clerk

Where is a notary's commission limited to?

State of california; not only a certain county

What kind of bond and how much needs to be filed

Surety bond for 15,000

What is the purpose of the surety bond

reimburse members of the public that are damaged by notarial misconduct

May still be liable for damages, costs and attorney's fees exceeding policy limits

What kind of notary publics are not allowed to perform notorial acts on their own time?

Notaries appointed by Secretart of State who serve as notary public on behalf of the state, city or county public agency

What are the restrictions of becoming a notary on a military or naval reservation

-doesnt have to be a CA resident
-cannot collect fees
-can only collect fees on the naval reservtion

With who should the oath and bond be filed

county clerk in the county where the notary holds her principal place of business

How much time and who must a notary notify of an address change?

Notify Secretary of State by certified mail within 30 days of changing residence or business address

Fine for failing to notify of address change:

$500

What are the two duties to respond to written requests

1-respond in 30 days to written requests for information
2-respond in time specified when certified copies of journal are requested

Can an employer request that fees be turned over to employer?

yes.

How many journals can a notary keep

one

Who can request photostatic copies of a notary's journal?

-any member of the general public can request to see their line item in the journal

What must the request include when requesting copies of a notorial journal

-Name of properties
-type of document
-month and year the act occurred

Maximum fee per page of copy requests

$0.30

How long does the notary have to respond to requests for copies of the journal

15 days

Does an employer have to permit their employer, employer's auditor or agent to inspect journal

yes

Who has to be present when showing employer journal

the notary public

How long does notary have to notify the Secretary of state of journal being taken by peave officer

10 days

How long goes notary have to notify secretary of state of lost, stolen or misplaced

immediately

How long after expiration does notary public have to return journal

30 days

What items does notary seal have to include

-words Notary Public
-notary's name
-commission expiration date
-county where oath and bond were filed
-commission number
-sequential ID number for seal

When may someone use an embosser seal

if it is also inked

When is a seal not required

acknowledgements on a CA subdivision map since the material used for maps isnt compatible with inks

What is included in the acknowledgment of the map

-Name
-county where notary's commission is
-expiration date
-signature goes above or adjacent to all this

What must happen if Seal's impression is not clear

It should not be fixed. Should instead attach a seperate notorial certificate

How long does notary have to notify SoS of lost stolen or damaged seals?

immediate

Who is able to destroy the notary's seal

The notary public or his representative

Can a notary notarize a document written in foreign language they are not familiar with?

Yes.

What is the procedure / requirement for notarizing a document in another language that notary isnt familiar with

-Notary must be able to communicate with the signer
-swear or affirm the contents of affidavit

Can an interpreter be used?

NO. Should refer customer to another notary if they cannot communicate

What is the journal entry for a document in a foreign language that the notary cannot identify

"Document in a foreign language"

What consititutes satisfactory evidence

1- paper identification documents meeting certain reqs
2-oath of single credible witness
3-oath of two credible witnesses

What kinds of paper documents qualify as proper identification

-DMV license
-US passport
-Passport issued by foreign county
-drivers licensees issued in Canada or Mexico (NOT ID CARDS FROM THESE COUNTRIES MUST BE DRIVERS LICENSE)
-Military ID
-Inmate ID card if still in custody
-CA state/county/city employee ID card

When should a notary use a credible witness

-when there are not other ways to identify the signer

Who needs to know who in order to use credible witness?

Notary public must PERSONALLY know the credible witness. The credible witness must personally know the signer. Credible witness must present proper ID

What must a notary do after identifying a credible witness?

Administer an oath or affirmation to the credible witness who establishes the identity of the signer

What must the credible witness swear to under oath

-signer is the person named in the document
-credible witness personally knows signer
-it would be difficult or impossible for signer to get another form of ID
-credible witness does not have financial interest in the document and is not named in the document

Who needs to know who in the case of needing two credible witnesses

-Both credible witnesses need to know the signer
-Notary does not need to know either of the credible witnesses

What needs to be entered into notarial journal at the time of notarization

-date and time the notary performed the service
-Type of act performed
-character of instrument sworn, affirmed, acknowledged or proved
-Signature of each person whose signature is being notarized
-whether the identity of signer was based on satisfactory evidence
-fee charged
-right hand thumbprint if document was title related OR for power of attorney

How must a notary record the signature of multiple documents

-separate line items for each document notarized

What must be recorded for each piece of identification that satisfies satisfactory evidence

-Type of ID
-Government agency that issued ID
-serial number or ID number
-date ID was issued or expires

Whose ID should be recorded in the case of one or two credible witnesses

both witnesses identification is needed

What sorts of real estate documents do not require a thumbprint

reconveyance documents, decree of foreclosure, nonjudicial foreclosure

What is an acknowledgment

notarial certificate attached to a document when notary confirms the identity of the singer and the singer acknowledges being the signer of the document

What does notary certify under penalty of perjury with certificate of acknowledgment?

-signer personally appeared
-identity of the signer
-signer acknowledged signing the document

For an acknowledgement, does the document need to be signed in front of the notary?

NO.

When is a notary allowed to complete an out of state acknowledgment that will be used in another state or territory. What should be done if this person has to certify the signers role?

When the notary doesnt have to confirm the signers representational status within a corporation/business.

If notary has to certify the signers role, the notary must insert the california form

What is a venue statement

statement establishes where the acknowledgment and signer personally appeared before the notary. County will always be the county where they appeared

What is a Jurat

certificate attached to a document when a person signs a document and swears under oath or affirms that the contents of the document are true and correct

What verbage does a Jurat include

sworn to or affirmed

What are synonyms for jurats?

affidavit or declaration

What does a notary certify happened when competing a Jurat

-signer personally appeared before notary public
-identity of signer was proven by satisfactory evidence
-the notary administered the oath or affirmation
-Signer signed the document IN THE PRESENCE of the notary

What does a notary need to do to perform an oath or affirmation and jurat

-confirm their identity (satisfactory evidence)
-administer oath or affirmation
-watch signer sign the affidavit
-complete journal entry
attach jurat to the affidavit or complete the jurat at the end of the affidavit

Which type of document does the notary need to be present during signing

jurat/affidavit

What types of vital records can a notary not certify

-birth certs
-marriage certs
-death certs

What kind of notarization can a notary perform on vital certificates

can provide an affidavit or jurat which states that a signer has certified their own vital information by swearing to the contents of the document

What documents are needed to verify birthdate or age in jurat

certified copy of birth cert or identification card

What is a proof of execution by subscribing witness

When the principal of the document cannot personally appear before the notary, another person can appear on their behalf to prove the principal signed the document

What sort of items can the subscribing witness swear to the truth of and what can they not?

CAN: truth of the principal having signed/ proving identity

CANNOT: truth of the documents by means of proof of executiuon

Which documents are not able to be confirmed by a subscribing witness

-power of attorney
-all mortgage/title docs EXCEPT trustees deed and reconveyance
-no documents that require a thumbprint

What does a notary certify when completing proof of execution?

-subscribing witnes appeared before notary public
-the identity of the subscribing witness was established by oath or affirmation of credible witness that the notary personally knows
-credible witness presented ID
-subscribing witness proved identity of principal

What does the subscribing witness swear under oath or affirmation

-the principal is the person described in the document
-subscribing witness knows principal personally
-subscribing witness saw principal sign document or while in the presence of the principal hear the principal acknowledge signing the document
-subscribing witness was requested by the principal to sign the document as a witness

Who must know who in the case of proof of execution

Notary must know credible witness.
-credible witness must know the subscribing witness
-subscribing witness must confirm identity of principal

Can a credible witness have financial interest in the transaction

NO

Can other formats of Proof of Execution document be acceptable

YES

Whose name must appear after personally appeared in proof of execution

subscribing witness

whose name must appear after the words "on the oath of"

credible witness who's proving the identity of the subscribing witness

What is a signature by mark

signature by mark occurs when a person cannot write his or her own name can acknowledge their signature by making a mark

Does the notary public need to confirm the identity of the maker of the mark

YES

How and when does a signer acknowledge or subscribe and swear to an affidavit his or her signature on a document

By making a mark where signature should be IN THE PRESENCE of the notary

How many witnesses must observe the signer making their mark

two

What are duties of the two witnesses

-must sign names next to the mark
-one witness must write the name of the signer next to signature mark

What must occur in the notary's journal when signing with a mark

Signers mark must go in the journal and should be witnessed by one person. Witness must sign his or her name next to the mark and write the name of the signer next to the mark.

Can the notary public serve as a witness for the signers journal

YES

Does the notary have to verify the identity of the two witnesses when signing by mark? Do their signatures have to go in the journal?

NO to both. The only time the signatures need to go in the journal is if the witness is acting as a credible witness in establishing the identity of the personas signing mark

What types of documents can a notary public certify

-powers of attorney
-copies of his sequential journal or purchase of the journal

Who can certify copies of vital records

State Registrar

What must be done to certify copies of a power of attorney

-compare the document to the original
-attach notarial certificate to the copy
-complete a journal entry

What can a notary notarize on immigration docs?

signatures and dates on document

Who can advise an individual on which document or form the person can complete

only an attorney

How much can a registered and bonded immigration consultant charge for completing immigration forms?

$10

What are the advertising limitations for a notary that is also an immigration consultant

cannot advertise that they are a notary if they also promote themselves as an immigration specialist or consultant

Advertising regulations for notaries advertising in another language

Notary must also post advertisement in English, say that they're not an attorney and cannot give legal advice

What is a deposition?

deposition is a method of providing oral or written testimony under oath outside of a court proceeding

Who does a notary apply to for the ability to issue confidential marriage certs

county clerk

What type of notary must always charge a fee?

notary employed for or on behalf of a state, county public agency

Fee for acknowledgement

$10

Fee for administering oath or affirmation and executing jurat

$10

Fees for Depositions

$20 and $5 for administering oath to witness and $5 for certificate of deposition

Fee for certifying copy of power of attorney

$10

Can notaries charge for signatures on applications for veterans benefits

NO

Purjury vs forgery

Perjury penalty is 2, 3, 4 years
forgery is 1 year