Notary Exam PT2

If you are the “-or” or “-ee”…

You can’t be the notary, unless you are the employee.

Your employer asks you to travel with her to Oregon. While in Oregon, she discovers she needs her signature notarized on a time-sensitive document to be filed in California and asks you to perform the notarization. How do you proceed?

You do not notarize the document because you are in Oregon, and can only do so when you are back in California.

How much does a Notary have to file for a surety bond with the county when they pass the examination? And when?

File a $15,000 surety bond with the county within 30 days

What is the purpose of the $15,000 surety bond?

To protect the public

A Notary’s bond is purchased from a ____________ in the amount of $15,000.

Once the oath and bond are _________, a Notary may begin notarizing.

California admitted surety insurer,

Filed

In which case does the notary actually have to be a U.S. citizen?

Only if they are commissioned to be a notary for a Military base or naval reserve

If someone has documents that need to be notarized, and they are a veteran and the documents are for veteran benefits, do you charge for notarization?

No. You notarize it for free. But you still document it as $0 in your journal.

What are the circumstances that the Secretary of State must be notified.

Address change, Name change, Resignation of the Notary, Death of the Notary

How much are you fined if you fail to notify the Secretary of State of any name or address changes? And how is this fine classified?

$500, and this counts as a criminal infraction (not a felony or misdemeanor)

May a Notary notarize for a grantor?

Yes, but not AS a grantor

If your employer moves, but you remain in your same residence, must you notify the Secretary of State?

Yes, because it is an address change

Your employer paid for your Notary commission and your bond. She asks you to notarize only business documents while you are at work. What type of provision is this?

Limited Service Agreement

You arrive at work to find a small stack of signed documents and a note asking you to call your boss on her cell phone. When you contact your boss, she tells you that she had to leave on short notice, but the documents must be notarized today. She assures you that she will be back early tomorrow to sign your journal. How would you handle this situation?

Refuse to notarize, because she must be in front of you.

All acceptable ID documents must be current OR issued within the last _____.

Five years

If a signer does not have the California Approved Documents for ID, what are the four elements the form of identification that are required?

PPSS: Photograph, Physical Desc, Signature, Serial number

What are the four California Approved ID Documents?

ID or Driver’s license issued by CA DMV, U.S. Passport, Inmate ID card issues by CA Dept, inmate ID issues by sheriffs dept.

Are we allowed to take forms of ID that are not from California?

Yes, as long as they have PPSS and these include ID cards from other states, passports from foreign governments

What are the credentials required for someone to be used as a credible identifying witness?

They must: personally know the signer, be impartial to the transaction, take and OATH or AFFIRMATION vouching for the signers identity, present a state-approved ID document to the Notary

What is “NO ID, 10G”?

It means that if the Notary fails to obtain any satisfactory evidence to identify the signer or credible witness, they will receive a penalty of $10,000.

When can someone use only one credible witness?

In order to use only one credible witness, the Notary must personally know that credible witness (still need to see ID and administer oath.)

What is the fine for failing to have the credible witness swear under oath?

No oath = $750

Your employer of 10 years brings in his friend who needs his signature notarized on a document. His friend’s ID has been stolen. Can you proceed with the notarization? If so, how?

Yes, you identify your boss and use them as a credible witness.

May a Notary notarize a faxed document with an original signature?

Yes, as long as the signature is original.

May a Notary accept a current Canadian ID card as proof of identity?

No, it is not a drivers license (Must be drivers license, and NOT just an ID)

When is an expired identification document acceptable?

a. The signer has no other acceptable ID

b. The ID has expired less than five years from the date of notarization

c. The ID was issued less than 5 years from the date of notarization

d. An expired ID is never acceptable

c. The ID was issued less than 5 years from the date of notarization

Mike and his wife Kim need to have their signatures notarized. Mike has an acceptable ID, but Kim recently lost her wallet and hasn’t had time to replace her ID. When they appear before the Notary, Kim brings two friends with her. Her friends swear that they know Kim to be the person who signed the document. How was Kim identified?

Two credible witness

Karen needs to acknowledge her signature on a document. Upon scanning the document, however, the Notary notices that the document is missing a safe deposit box number. Since Karen was in a hurry, she left the number at home. She assures the Notary that she will fill it in when she gets home. Can the Notary notarize the document?

No, the document is incomplete.

For which documents is a thumbprint required from the signer?

Deeds, Quitclaim deeds, Deeds of trust affecting real property, Documents affecting real property, Powers of attorney

For which documents is a thumbprint NOT required from the signer?

Trustee deeds resulting from foreclosure and deeds of reconveyance

What is the punishable fine for failing to obtain a thumbprint?

a CIVIL PENALTY of $2,500

What is the content required to be able to request a photocopy of a journal entry from a Notary Public?

Must be a written request of Who (name of parties), What (type of document), and When (Month and year of the notarization)

How many days must the notary public respond when requested a copy of the requested journal entry?

15 business days

How much does a notary charge per page for journal line item requests?

No more than 30 cents

Within how many days does a notary notify the Secretary of State by mail after they surrender their journal. What does this notification require?

10 Days, and it required the Notary Commission number, Commission expiration date, the dates covered by the journal entries, and a copy of the receipt given by the peace officer.

Willful failure to surrender the journal to a peace officer is punishable by a fine of up to _______.

$2,500 (Thumbs + g*ns, 25 hunds)

How soon should the notary notify the Secretary of State if the journal is lost, stolen, destroyed, damaged or whatever?

Immediately

You are notarizing a document for a personal friend. Which of the following must be included in your journal?

a. Signer’s name

b. Signer’s address

c. Notary fee

d. Length of time you have known that friend

C. Notary fee (the ONLY requirement)

Is the venue on a Notary Certificate the state and county where the document is signed?

No, the place of notarization is the venue

A Notary who willfully states as true any material fact in an acknowledgement certificate that they know to be false shall be subject to a civil penalty not exceeding _________.

$10,000 (False acknowledgement = Felony + prison

True or False: Notaries may complete acknowledgement forms required by another state or jurisdiction only if the document will be filed in that state or jurisdiction.

True

What is representative capacity?

The status of signing or acting on behalf of another person or legal entity, such as a corporation, partnership or trust

A notary may never complete an out of state acknowledgement certificate if it requires the Notary to determine or certify that the signer holds a particular ____________ or make other determinations not allowed by California law.

representative capacity

Does an acknowledgement require the Notary to witness the signing of the document?

No, but they still need to appear in front of you

California acknowledgement wording must be used for all documents filed in the United States. True or False?

False — documents filed in California

Which of the following is a requirement of an acknowledgment?

a. Signer affirms his/her signature before the Notary

b. Signer signs his/her signature before a Notary

c. Signer swears or affirms his/her written statement before a Notary

d. Signer signed the document a year ago

a. Signer affirms his/her signature before the Notary