California Notary Public Exam Questions
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 D RIVERS 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.