California Notary Exam

Requirement for becoming a CA Notary Public?

1) Legal resident of California.

2) At Least 18 y.o.

3) Complete State-Approved Course (6hrs) (3hr for Renewal)

4) Pass Written Exam

5) Background Check

6) Fill out Application

7) Disclose arrests & Convictions

Function of Notary

Primarily to authenticate the identity of a signer. An impartial witness that takes oaths & affirmations, and other acts authorized by law.

Minimum amount for Notary Bond

$15,000 from CA admitted Surety Insurer

How does the Notary Bond Work?

Protects the public from any damaging actions you may cause when performing notarizations improperly. (Public Liability Protection)

What is your jurisdiction?

The state of CA

A possible penalty for committing perjury is...

2 years in prison

3 years in prison

4 years in prison

ALL OF THE ABOVE

How many days do you have to take your oath of office after your commencement date?

30 days

If you request a new Certificate of Authorization, the State of California must respond within

5 days

The Agency of the State that will give you the new certificate is the

Secretary of State

Can you tell a signer how to complete a document, or suggest what form a signer shhould use?

No

Using the words "Notorio publico"

is prohibited

If a notary willingly and knowingly notarizes a real estate document that they know to be fraudulent, they are guilty of a

felony

Can Death Certificates be Notarized?

NO!

Conditions of Private-Employee Notary

- Commission doesn't end w/ employment

- Fee remission agreement furing business hours

Conditions of Public-Employee Notary

- Fees remitted back to the agency.

- Must be an employee.

Conditions of Military-Base Notary

- May not charge fees.

- Must be U.S. Citizen

- Federal Civil Service Employee

A subscribing witness can bring you a..

Homestead Declaration

The penalty for stating a known false fact as true is now

$10,000

Conflict of Interest if Notary is named...

Beneficiary, Grantor/Grantee, Mortgager/Mortgagee, Trustor/Trustee, Vendor/Vendee, Lessor/Lessee

Limited Service Agreement

Only notarizing business documents during business hours if business paid for supplies.

When do you officially become a notary?

When your oath and bond are filed

Thee notary stamp may be

rectangular

the size of the stamp could be

1" width x 2 1/2" length

What are the penalties for Criminal, Civil, and Administrative?

Criminal: Fines &/or Jail

Civil: Fine

Administrative: Commission denied, suspended, or revoked.

What are the three levels of crimimal violations?

Infractions (no jail time), misdimeanors, and felonies

The fine for overcharging for a non-immigration form is

Up to $750

The fine for failing to notify the State that your stamp or journal was lost is

up to $1500

Willful failure to provide a peace officer with a journal when requested is punishable by a civil penalty of up to

$2500

What is the fine for failing to post signs in English and in the other language that you use that you are not an attorney and cannot give legal advice:

Up to $1500 fine and at least 1 year suspension of commission and on 2nd time, revocation of commission for life

When a regulation states 30 days it means

Calendar days

Your commission is dated 9/1/05 and you get your oath filed on 09/25/2005. Your commission will expire

08/31/2009

The fee for notarizing a circulator's affidavit is

$0

A notary can certify a copy of a power of attorney according to the

Probate Code

What must the notary check for on the document they notarize?

Completeness, OG Signature, Certificate Wording (What notary is certifying for notarization)

What is the satisfactory evidence Notaries must search for?

Absence of any suspicious circumstances surrounding signer's identity along w/ approved ID Card, Oath of 1 credible witness (personally known by you & the signer), oath of 2 credible witnesses (personally known by the signer)

You may turn your journal over to

A Peace officer with probable cause

During the signature by mark process, how many people write the name of the X signer

1

If you move, you must contact the

Secretary of State

If you move, you must contact the proper authority within

30 days

If you give up the journal to a proper authority, you must notify the Secretary of State within

10 days

How long is a commission valid for?

4 years

Your 4-year notary bond is worth

$15,000

The statute of limitations for making a statement known to be false is

4 years

To be acceptable, IDs must be current or issued within the past

5 years

Notary certificates are signed by

Notary

An ID needs the holder's

- Photograph

- Physical Description

- Signature

- Serial #

When taking an oath

raising right hand is not required

Notaries must

keep their stamp and journal under their direct control

When you resign a commission, you delver all your papers to:

county clerk where your current oath is on file

If you fail to file the oath and bond on time

your commission is void

you must pay $20 to reapply

you must complete a new application

a notary seeking reappointment must retake the notary exam

every 4 years

the fine for willful failure to notify the Secretary of State of an address or name change is:

$500

Notaries can withhold services:

- When their employer limits services to transactions related to the employer's services

- When a document is incomplete

- When they believe someone doesn't understand what they're signing

Signers of what documents must leave a right thumbprint?

Power of Attorney and Trust Deed for Real Estate

A notary is obligated to:

Reimburse a surety company for bond funds paid out

Group 1 of Valid IDs

- CA Driver's License/ID Card

- U.S. Passport

- CA inmate ID Card (must be in custody)

- Any inmate ID issued by sheriff's department (must be in custody)

Group 2 of Valid ID's

- PPSS

- Any State-Approved ID

- DL from Canada/Mexican Public Agency (ONLY THESE)

- Passport issued by any foreign government

- Tribal ID from federally recognized tribe/government

- Employee ID Card issued by agency/office of state of CA (not Fed. gov)

- Consular ID by Consulat of signer's country of citizenship

An affirmation is:

legal equivalent of an oath but has no referral to a Supreme Being

A non-attorney notary (qualified & bonded as an immigration consultant) may charge up to $10 for:

Completing a person's immigration application

Oaths and affirmation

Per signature on a Jurat

A notary may not notarize:

when they are a mortgagor in a transaction

"if you are an 'or' or an 'ee' you cannot be the notary"

For a first time applicant to get a commission, they

Must pass the exam

Be fingerprinted

Be at least 18 years of age

A certificate of authorization may be gotten:

From the Secretary of State

A California Notary may

Take depositions and affiddavits

An oath is:

An affirmation, a solemn spoken pledge

A certified copy certifies that the reproduction

is accurate

Influencing a notary to perform improperly is a

Misdemeanor

Notaries shall not perform notary actions if they are:

Named as a principal in a financial transaction

Which of the following is signed in the presence of the notary:

Jurat

An acknowledgement certifies that under penalty of perjury

Signer's identity was satisfactorily proven to notary

The signor admits that they signed the document

The signer appeared before the notary

A man inherits a property in Alabama with his sister and they must send an affidavit to the court. He can have a friend notarize his signature and:

He can't do either notarization

Where does the Notary obtain their seal from?

Secretary of State

When a subscribing witness brings a document the action is called

Proof of execution

If a principal cannot appear, the document may be brought to the notary by:

One subscribing witness

A subscribing witness is placed under oath and asked:

Did you sign as a witness?

Did the signer acknowledge their signing?

Did the signer ask you to get the document notarized

an embossed seal impression

is acceptable but not required

List the Notarial Acts

Proof of Execution by Subscribing Witness

Jurat

Oaths & Affirmation

Acknowledgement

Copy Certification

Protests

Credible witnesses

must not have a financial interest in the document

if you resign a position with your employer

notify the Secretary of State

A military notary

charges no fees

What 3 things must be certified for an acknowledgement?

Personal Appearance

Identify Signer

Signer must acknowledge signature (voluntarily)

Fees for Acknowledgements

Penalty for Willfully skipping steps

Civil Penalty NTE $10,000 (No ID & Perjury = 10 Gs)

A person who is not commissioned and holds herself out as a notary is:

guilty of a misdemeanor

An employer of a Notary can:

Copy Journal entries of business generated documents in front of the notary

A notary must respond to a request for a transaction within _____ days

$15 per signature

The notary or security bond protects the:

public

The only documents that do not require a seal are:

subdivision maps

the county named in the Venue is where:

the signer personally appeared

If a person has no right thumb and a thumbprint is needed:

- Use any finger

- make a note of this problem

- You use the left thumb

If asked to notarize an incomplete document, a notary should:

Refuse

Two ways to administer oaths and affirmations

- Oath taker reads written wording aloud

- You read wording & oath taker answers "Yes" or "No"

A notary seal must

Be photographically reproducible and contain an expiration date

Contain the state seal and words "notary public"

Have a serrated or milled edge border

The most frequently completed form is:

The acknowledgement

Linda Martinez, a law student, is starting a business as an immigration consultant. She may not advertise:

that she is a notary public

Which items must always be put in the journal:

Date, time, type of document, fees

Some of the elements of a seal are:

State seal and notary's name

expiration date of commission and county where oath is on file

Sequential ID # of manufacturer and notary's sequential commission #

A notary may not advertise

the Spanish terms notario publico or notario

The main purpose of a credible identifying witness is to:

Identify a signer

What is a deposition & what are its fees?

A deposition is a spoken testimony transcribed into a written document. A notary may charge $30 for all services connected to taking a deposition.

- Addition $7 for administering oath to witness

- Additional energy $7 for certificate of deposition

Why are two witnesses for a signature by mark necessary

to view the making or the acknowledging of the mark