CHAPTER 1

COMMISSION PROCESS

 

FOLLOW THESE STEPS TO OBTAIN YOUR COMMISSION

 

1.   TAKE A NOTARY PUBLIC APPROVED CLASS 

      As of July 1, 2005 mandatory education for all new or renewing applicants is required. 

      A “Proof of Completion” will be issued after completing the three hour online class. After

      completing the on-line class, you will be certifying that you have spent three hours on the

      class by signing an affidavit.

 

2.   TESTING.  Log onto http://www.cps.ca.gov/TakeATest/Notary/ or call 916-263-3520 to schedule a testing date. You may register at any

      time for the exam.  Taking the education class prior to the exam is recommended.

 

3.   Bring to the testing site: 

a)     Proof of Completion

b)     Application:  Follow the directions on the back of the application.

c)     Two #2 pencils

d)     ID  (Driver’s License or Passport)

e)     $40.00 check

f)       Passport photo (color 2X2)

      You will receive test results within 10 days along with fingerprinting instructions.

DOWNLOAD NOTARY APPLICATION HERE:  http://sos.ca.gov/business/notary/forms/notary_app.pdf

4.   Take Live-Scan fingerprints.  ALL new and renewing notaries are required to be fingerprinted.        

You cannot obtain your fingerprints until after passing the exam. The testing company (CPS) will send you your test results along with information concerning live scan fingerprinting. Bring your photo ID.

COMMISSION PACKET

5.   The Department of Justice and FBI will process the prints and send results to the Secretary of

      State’s office. It may take 6 to 10 weeks to process your application/commission.

      After processing your application the Secretary of State’s office will send a Commission Packet:

a)     Notary Commission,

b)     Certificate of Authorization along with the names of authorized seal manufactures.

c)     Two Oath of Office forms and instructions.

 

You have 30 days to complete the rest of the process.

Within a few days of receiving your commission you will begin to receive marketing information from notary vendors. These vendors sell Seals, Journals, Bonds and other notary supplies.  You can find many notary supply companies on the internet

 

 6.   Purchase the required four year bond ($15,000 for 4 years).                  

 7.   File with the county recorder’s office, in person or by certified mail:        

a.      Your bond

b.      Two Oath of Office forms (blank and unsigned)

c.      Bring your ID                

8.    Send the Seal Certificate of Authorization form to an authorized seal manufacturer.

 

If you wish to send the above information by certified mail you must first take your Oath of Office before a notary public in your county of record.  The notary will fill out the Oath of Office forms (included in your packet from the Secretary of State) include this form along with the bond and your required county fee.

 

CPS TESTING & REGISTRATION   http://www.cps.ca.gov/TakeATest/Notary   Phone 916-263-3520

CALIFORNIA SECRETARY OF STATE   http://www.ss.ca.gov/business/notary/notary.htm    916-653-3595

 

 

TAKING THE STATE EXAM OR RETAKING THE STATE EXAM

 

The exam is a 50 minute timed test consisting of 30 multiple-choice questions. 

A score of at least 70% is required to pass.

 

The State is exam is administered by Cooperative Personnel Services (CPS).  This company is contracted with the State of California to administer Notary Exams.  

 

The State Exam is offered at various locations throughout California. 

 

Log on to https://notary.cps.ca.gov/ or call 916-263-3520 for schedules and testing locations and to schedule a testing date. 

 

You should register as soon as possible for the exam.  You will be sent directions to the testing center.

 

TESTING DAY

Plan to arrive at the exam site 60 minutes before the scheduled test time.  They accept walk-ins on a space available, first come, basis only.

Bring to the testing site:

1.      Proof of Completion (given to you after taking the required notary education class)

2.      Your completed NOTARY PUBLIC APPLICATION along with your color passport photo (2x2)

3.      A $40.00 check (retake is $20.00), payable to the California Secretary of State. No cash is accepted.

4.      Your Government issued ID card. (Current driver’s license, or passport)

5.      Two #2 pencils

 

Before the test starts you may study for the test.

When the test starts, the door will be closed. Your personal items must be placed in a sealed plastic bag.  You may not use written notes. Everything will be cleared from your desk. No eating is allowed in the room.

IF YOU PASS THE TEST

Test results will be available approximately 10 days after your test. You will receive notification by mail. You may also log on to: https://notary.cps.ca.gov for test results.

IF YOU FAIL THE TEST

You may take the test again the next calendar month.  The fee is $20.00 to retake.  Your Application will be returned to you and you must submit the application each time you retake the test.  Retake instructions will be sent to you.

 

 

NOTARY APPLICATION

DOWNLOAD NOTARY APPLICATION HERE  http://sos.ca.gov/business/notary/forms/notary_app.pdf

 

FOLLOW THE DIRECTIONS on the back side of the Application. You must use a physical address for your principal place of residence…no P.O. Box or commercial mail receiving agency.

 

YOUR NAME MUST MATCH: The name shown on your photo identification must match the name stated on the top of the Application…exactly!

 

ANSWER ALL QUESTIONS TRUTHFULLY.  When you sign the Application you are certifying that the statements are true…under penalty of perjury!

 

ANSWER ALL QUESTIONS.  Answer ALL questions. Do not leave any Application questions blank.

 

ALL CONVICTIONS MUST BE DISCLOSED.

 

SIGN THE APPLICATION WITH YOUR NOTARY NAME:  Sign with your Commission name…this must be substantially the same as the name shown on your photo ID.

 

NOTE: If the Secretary of State has determined that a notary has committed or omitted acts constituting grounds for suspension/revocation, the resignation or expiration of the notary’s commission does not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary action   (Gov.  Code 8214.4)

 

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CHAPTER 2

(Government code 8200, 8201, 8201.1, 8201.2, 8204, 8205, 8214.1,8214.4, 8214.5, 8220)

 

THE REGULATING AGENCY     

CALIFORNIA SECRETARY OF STATE

The California Secretary of State’s office (SOS) regulates notary commissions and is the enforcer of notary law.  The Secretary of State must insure that there are enough commissioned notaries, state wide to serve the public.  The SOS office will insure that each applicant meets the state requirements and it is also the enforcing agency that insures proper and legal notary conduct.

 

Complaints about notary conduct are directed to the SOS’s office.  Records of the notary’s commission are held with the SOS’s office.  Inquires about notaries or notarial acts are also directed to the SOS’s office.

 

The Notary State Exam is conducted by Cooperative Personnel Services (CPS) under the direction of the California Secretary of State.  However, after the examination process is completed by the notary, all inquires should be directed to the SOS’s office. 

 

THE JOB OF THE CALIFORNIA NOTARY PUBLIC

A notary is an impartial, unbiased witness to the execution (signing) of a document.  The notary does not get involved in the preparing of the document nor does the notary give advice concerning the signer’s document.  The notary must remain impartial throughout the entire notarial process.  This means the notary may not receive financial or beneficial gain as a result of a notarial act or give advice.  There is no California State law prohibiting notaries from notarizing documents for a spouse or relatives, however, the notary must use extreme caution because of the community property laws in California.  A notary must also be aware of the ripple effect when notarizing documents for family members.  Will the notary receive, at any time, any gain from the transaction? The notary may NOT notarize his or her own signature.

 

State law requires many types of documents to be notarized.  For example, documents that will be recorded, i.e. property transfers.  There are literally thousands of types of documents that require notarizations either by a city, county or state agency or by a private company.

 

The California Notary Public does not concern his or herself with the type of document to be notarized.  The notary’s purpose is to witness the signing of the document or to take the acknowledgment of a document signer, and to identify the person appearing before the notary. In other words, the notary is a professional witness.

 

A Notary Public is a public servant who is commissioned by the state. The notary is appointed by the government and must follow certain laws when witnessing the signing of the document, or taking the acknowledgment of a document signer or identifying the person appearing before the notary.  Infraction of notary laws may result in suspension, revocation and/or a civil fine not the exceed $1500.00 and in some cases, when a notary does not follow notarial laws it could be a criminal offense!

 

When the notary follows the law, it is more difficult for signers to engage in fraudulent activity.  The notary will verify that the person standing before the notary is the same person named in the document.  The notary will also create a public record of that transaction by maintaining a public record through the use of a Notary Journal.  If, years later, that document is contested the notary will play an important role in validating that the signer was the person he/she claimed to be and that the signer intended the document to be in forced or that the signer swore (under oath) that the contents of the document were true.

·    Appointed by the Government

·    Impartial, unbiased witness

·    No financial or beneficial gain by the notary

·    Create a public record

·    Detect and detour fraud

·    Follow simple written rules

 

THE TERM AND JURISDICTION OF THE CALIFORNIA NOTARY PUBLIC

The term of office is four years and the jurisdiction is statewide.  The notary may notarize documents anywhere with the boundaries of the state of California.  The notary may notarize a document originating from any other state or any other country.

 

When the notaries commission expires (in four years) the notary must reapply for a commission.  The notary may not use his/her seal after the expiration date shown on the seal.

 

NOTARY QUALIFICATIONS

(Government Code 8201, 8201.1)

In order to determine if a person meets the requirements to fulfill the responsibilities of this position, a person must submit a completed application which will be reviewed by the Secretary of State’s office.

 

The notary applicant must meet all of the following requirements:

·         Be a resident of the State of California. (The applicant does not have to be a citizen.)

·         Be at lease 18 years of age

·         Satisfactorily complete a course of study approved by the Secretary of State (as of July 1, 2005)

·         Pass a written examination

·         Be able to read, write and understand English

·         Pass a background check…submission of fingerprints for a personal background check

 

 

REQUIRED NOTARY EDUCATION

(Government Code 8201)

It is recommended that the applicant complete the notary education process before taking the state exam.

 

The education requirements are as follows:

RENEWING NOTARIES:  Beginning July 1 2005, all new or renewing notaries must take a six hour approved class. (Live or on-line)

When renewing again and after taking the six-hour class at least once, the notary may take a three hour approved refresher class.

NEW NOTARIES:  All new notaries must take a six-hour class.  When the notary renews they may then take a three-hour refresher class.

Note:  Classes offered prior to June 2005 were not state approved.

 

STATE EXAM   (See Chapter 1, Taking The State Exam)

The state exam is administered by Cooperative Personnel Services (CPS).  This company is contract with the State of California to administer the exam and send you the results.  The exam is offered at various locations throughout California.  It is recommended that the notary make an appointment ASAP to take the State Exam.  Please visit the website of CPS for a schedule of locations and reservation information:  http://www.cps.ca.gov/TakeATest/Notary/ or call 916-263-3520.

 

RENEWING NOTARIES must take the required State Exam every four years.

A renewing notary may take the state exam up to six-months prior to the expiration of the old commission.

 

NEW NOTARIES are required to take the State Exam and continue to retake the exam every four years. (see above)

A completed Notary Application must be submitted at the time of testing.  You may download the application at this website: http://www.sos.ca.gov/business/notary/forms/notary_app.pdf

 

 

BACKGROUND CHECK

The notary application is review by the Secretary of State.  Grounds for refusal, revocation or suspension of a notary commission include the following:

• Non-disclosure of any arrest or conviction.  All arrests and convictions including any convictions which have been dismissed.  Call the Secretary of State’ office if there are any questions about a particular incident on his/her record.
• Conviction of a felony
• Conviction of a disqualifying misdemeanor where less than 10 years has passed since the completion of probation.  http://sos.ca.gov/business/notary/notary_qualifications_revised.htm
• Non-compliance with child support requirements

 

 

FINGERPRINTS

NEW AND RENEWING NOTARIES

After successfully passing the state exam the applicant will receive information concerning live scan fingerprinting.  There are many locations statewide and the applicant will receive information oh where to go and the process.  Bring the “live-scan” form to the fingerprinting facility.  The prints are submitted to the Dept. of Justice and the FBI. The fingerprint results will be forwarded to the Notary Division of the Secretary of State’s office. 

 

RENEWING NOTARIES

Fingerprints are now required again for renewing a commission. 

Note:  The SOS may take many weeks to process renewals.  It is recommended that the renewing notary begin the renewal process 16 weeks prior to their expiration date.

 

 

THE COMMISSION PACKET

After the SOS processes the Notary application and the fingerprints are sent to the SOS office, the notary will receive a large manila envelope and the following forms will be included in the commission packet:

Congratulations letter with instructions

Commission Certificate

Two Oath-of-Office forms

Certificate of Authorization (allowing for a Notary Seal to be manufactured)

List of Authorized Seal manufacturers

 

Note:  The SOS may take many weeks to process renewals.  It is recommended that the renewing notary begin the renewal process 16 weeks prior to their expiration date.

 

COUNTY OF RECORD

The notary’s county of record is the county of your principal place of business.  This is where the bond will be on file and where the notary will take his/her oath-of-office.   When the notary resigns or if (in four years) the notary does not renew his/her commission the notary will turn in the Notary Journal to the county of record.  If there is a break of more than 30 days in the commission the Notary Journal must be turned in to the county of record.

 

FILING REQUIREMENTS

 

FILE THE NOTARY OATH AND BOND

30 day requirement

After the applicant has completed the required education, taken the test and successfully passed the background check the applicant will receive his/her notary commission packet with instructions on the rest of the process.  The notary will only have 30 days to complete the following steps.  Failure to take your oath and file your bond with 30 calendar days will result in voidance of the commission and the notary will need to re-apply and pay $20. for a new application.

 

FILE THE $15,000 BOND

(Government Code 8212, 8214)

A $15,000 notary bond is required by the state.  The bond protects the public…it does not protect the notary.  The bond provides monetary compensation for the public and any compensation paid on behalf of the notary must be repaid to the surety company by the notary. (If the damages exceed the amount of the bond the notary is liable for the entire amount). The cost of the bond is between $35.00 and $95.00 for four years of coverage depending on where it is purchased.

 

TAKE THE NOTARY OATH

The oath of office for the California Notary Public requires that the notary promise to fully and faithfully carry out the duties as prescribed by law.  When the notary files the bond with their county of Record, they will also take their oath of office. There will be two oath-of-office forms included in the commission packet…take these forms to the county to be completed.

 

FILE IN PERSON.

Upon appointment, and within 30 days of the date the commission term commences, the notary will file with the county clerk, either in person or by certified mail a $15,000 notary bond and take the notary oath of office.  .

 

FILE BY CERTIFIED MAIL

The notary may file the bond and take the oath in person or by certified mail.  If filing the bond and oath by certified mail the notary must insure that the information arrives at the county clerk within the required 30 day time period.  The oath of office may be administered by another notary, in the county of the applicant’s principal place of business.

 

ERRORS AND OMISSIONS INSURANCE (optional)

This type of insurance is not required by the state.  However, the notary can purchase errors and omission insurance (E & O) for protection against a lawsuit. E & O covers legal fees and restitution to the injured party.  E & O does not cover act that are dishonest, criminal, fraudulent, illegal or malicious.

 

 

WHERE TO PURCHASE NOTARY SUPPLIES

Within a few days of receipt of the Commission Packet the notary will receive marketing information from several vendors.  These vendors sell seals, journals, bonds and other notary supplies.  There are also many notary supply companies on the internet.

 

REQUIRED SUPPLIES

Notary Journal

Notary Seal (stamp)

Thumbprint ink-pad

Notary Certificates

 

 

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CHAPTER 3

 (Government Code  8209, 8213 b, c, 8213.5, 8213.6, 8214.1, 8214.8)

 

CHANGES TO THE COMMISSION

NAME – ADDRESS – RESIGNATION – EXPIRATION – DEATH

 

 

NAME CHANGE

The notary must file a name change form with the SOS. Willful failure to do so may result in a fine of up to $500.

The SOS will issue an amended commission in the new name.

Within 30 days of receipt of the amended commission the notary must file a new oath and amendment to the bond.

Within 30 days of filing the new oath/bond, the notary must obtain a new seal.

The term and commission number will remain the same.

 

CHANGE OF ADDRESS

The notary must notify the SOS within 30 days, certified mail of all changes in business, mailing or residence address.  Include your business name if changing the business address. Willful failure to do so is an infraction and may result in a $500. fine

 

CHANGE OF BUSINESS ADDRESS TO A NEW COUNTY

Because the notary’s county of record is tied to the notary’s business address if the business address changes to another county it is optional if the notary wants to file a new oath of office and bond in the new county.  If the notary chooses to change to a new county he/she must obtain a new seal within 30 days.  (Note:  The notary seal states the notary’s county of record).

 

RESIGNATION

If the notary resigns before his/her commission expires, the notary must notify the SOS, in writing and include:

• Commission number
• Commission expiration date
• County of Record where the bond is filed
• Deliver the Journal to the county clerk within 30 days
• Destroy the notary seal

 

EXPIRATION OF THE COMMISSION

If the notary chooses not to renew the commission the notary does not need to notify the SOS, however, the notary must:

• Deliver all notarial records (journal) to the county clerk within 30 days
• Destroy the Seal

 

GAP IN COMMISSION

The notary seal may not be used after the expiration date on the seal.

If there is more than a 30 day gap in the commission the notary must:

• Deliver the journal to the county clerk within 30 days

 

REVOCATION OF COMMISSION

Upon revocation of the notary commission the notary will:

• Deliver all records and papers to the county clerk immediately

If a notary is convicted of any felony or a crime related to notarial misconduct…including the false completion of a certificate the court must revoke the notary’s commission and require the notary to surrender to the court the notary seal.  The court will then forward the seal to the SOS. (Gov. Code 8214.8)

 

DEATH OF THE NOTARY

The personal representative of the notary shall promptly notify the SOS and;

• Deliver all notarial records to the clerk of the county where the oath is on file.
• Destroy the Seal

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CHAPTER 4

FOUR CATEGORIES OF A NOTARY PUBLIC

(Government Code 8202.7, 8202.8, 8203.1, 8203.2, 8203.3, 8203.4, 8203.5, 8203.6, 6100)

 

All notaries in the state must follow California State Law when performing notarial acts.  However, depending on the category of the notary, there are certain restrictions as to fees or when and where a notary may perform these acts.  The following will explain the four types of notaries and what the restrictions are for the different categories.

 

1.  An Independent notary may pay for their own notary commission and work primarily from their own office or from home.  They provide services to the general public and are not generally affiliated with any employer.  As an independent notary the notary must serve anyone who makes a lawful and reasonable request for a notarization. The independent notary must be unbiased and function as a public servant for anyone requiring his/her services.  The law regulates what the notary can charge (discussed in the “Fees Section”) but the state does not regulate “travel” or “accommodation fees”.  These fees are based on what the market will bear.

 

2.  Notary/Employees that have obtained their commission at the request of the employer must follow the same rules as independent notary regardless of who paid for the commission.  However, the employer may (upon agreement with the notary) limit the duties of the employee/notary to only company related documents during business hours.  The notary/employee may also act as an independent notary after hours. If the notary/employee and the employer have an agreement, the agreement may provide for:

• The cost of the bond and supplies
• The remission of fees to the employer
• Examination of the journal (in the presence of the notary) upon request of the employer.
• Notarizing only business related documents during business hours.  This does not mean the employer can discriminate between customers and non-customers.

 

Employee/notaries may notarize documents when acting in the capacity of an attorney, agent, employee, insurer, escrow or lender for any company or person having a direct financial interest in the transaction.

 

The rule for all notaries, regardless of who paid for the commission, states that a notary may not notarize a document where the notary is named in the transaction as:

Grantor or Grantee, Mortgagor or Mortgagee, Trustor or Trustee, Vendor or Vendee or Beneficiary.

(Government code 8224, 8224.1, 8202.7, 8202.8)

 

3.  Military appointed notaries are appointed only upon the recommendation of the commanding officer or a military reservation (base).

• Appointee must be citizen and meet all other requirements of notary law.
• Authorized to act only within the boundaries of the reservation.
• Appointment shall terminate if the person ceases to be employed as a federal civil service employee.
• No fees shall be collected.
• When performing Jurat type notarizations, the notary certificate shall name the reservation where the document was executed. (See Chapter 8, certificate language)

(Government Code 8201, 8303.1  8203.2, 8203.3, 8203.4, 8204.5, 8203.6)

 

4.  State appointed notaries work for the state, city, county or school district and are appointed to act for the public agency.

• Any fees that may be collected by the notary must be remitted to the employing agency.  The agency shall deposit the funds to a fund from which the notary is paid and a receipt should be issued for the fees collected.
• The state appointed notary must resign their commissions when they terminate their employment  (Government code 8205.5)

 

 

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CHAPTER 5

THE DUTIES OF A NOTARY PUBLIC

(Government Code 8205)

 

 

NOTARY ACTS

As explained earlier, the California notary is an impartial witness to the signing (or execution) of a document.  However, the steps to follow and the process during the notarial act will depend  upon the type of document to be notarized.  This section will explain the various notary acts and the types of documents the notary may encounter.  It is important to point out that the notary is not concerned with the contents of a document; however, the contents will dictate the type of notarization to perform.

 

When presented with a document, the signer or the issuing agency will determine the type of notarization to perform on the document.  The notary must never choose the type of notarization to perform.  Generally, there will be “notarial language” typed on the signer’s document.  The notary will do what the signer or document requests.

 

When notarizing any document the notary will attach certificate language or the certificate language will be preprinted on the document.  This language will declare exactly what the notary did during the notarization.  We will discuss this process later in the class.

 

Although notarial acts are similar throughout the nation, each state has different rules and regulations as to how the various acts will be accomplished by notaries in those states.  This section will concentrate on lawful notary acts as prescribed by California law.  As a ministerial official, California Notaries Public must perform these acts according to California law.

 

California Notaries may perform:

• Acknowledgments
• Jurats
• Copy certifications
• Protests

 

 

Note: In Chapter 7 we will take each act individually and review the particular criteria and requirements for each act. 

 

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CHAPTER 6

TYPES OF DOCUMENTS

 

TWO CATEGORIES OF DOCUMENTS

Before we discuss the various notarial acts we will discuss the two categories of documents a notary is most likely to be presented with and the type of notarization that the notary will perform on each of these categories of documents.

 

A California Notary is not concerned with the contents of a document but it is important for the notary to recognize the characteristics of each category…executable documents and affidavits.

 

1.  EXECUTABLE DOCUMENTS are documents that have an executable clause within its contents, i.e. Deed of Trust, Contract or Grant Deed.  Generally, this will be a document when, after it is signed, something will happen.  For example; after a Contact to Purchase Widgets is signed by the principal signer, the purchaser is obligated to purchase the widgets!   After a Grant Deed is signed, property will transfer from one individual to another individual. 

 

2.  AFFIDAVITS are documents that reflect the signer’s words…i.e. a statement made by the signer.  The signer declares, under penalty of perjury that the words within the document are true.  I.e. a Statement of Residency or an Affidavit of Occupancy. The signer swears or affirms to the notary that the contents of the document are true. In other words, an affidavit is a statement of truth made by the signer.

 

 

ü       The type of document will reflect the type of notarization the notary will perform on the document.

 

 

EXECUTABLE DOCUMENT = ACKNOWLEDGMENT NOTARIZATION

AFFIDAVITS = JURAT NOTARIZATION

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CHAPTER 7

TYPES OF NOTARIZATIONS AND REQUIREMENTS

(Government Code 8202, 8205, 8208, Civil Code 1188, 1189, 1190,1193, 1195, 1196, 1197 1633.11,1633.12, Code of Civil Procedure 1935, 2094, Probate Code 4307)

 

TYPES OF NOTARIZATIONS

As discussed in Chapter 5, there are four types of notarizations and we will discuss each type and the criteria for each type. 

California Notaries may perform:

1. Acknowledgments

2. Jurats

3. Copy certifications

4. Protests

Click to go to:

Certified Copy of Power of Attorney                        Download Acknowledgment and Jurat Certificates from the Secretary of State website

Certified Copy of Journal Entry                                http://www.sos.ca.gov/business/notary/notary_ack.htm

Copy Certification by Document Custodian                http://www.sos.ca.gov/business/notary/notary_jurat.htm

Proof of Execution by Subscribing Witness

 

 

ACKNOWLEDGMENT NOTARIZATION

(Performed on executable documents)

Acknowledgement notarizations are called “acknowledgments” because the signer acknowledges to the notary that he/she signed (or is signing) the document.  The signer also is acknowledging to the notary, that he/she is signing in his/her represented capacity.  For example, he may be signing as John Smith, President of Ajax Widget Company. 

California law prohibits the notary from verifying the represented capacity of the signer. 

• It is not the job of the notary to verify that the signer is President of Ajax Widget Company! 
• It is the job of the notary to verify that the signer is John Smith!

 

ACKNOWLEDGMENT REQUIREMENTS:

The procedure to notarize an executable document requiring an Acknowledgment is dictated by California law.

1.      The principal signer must personally appear before the notary to acknowledge his/her signature, with whatever authorized (represented) capacity he claims to have.  It is not a requirement that the signer sign the document in the presence of the notary.

2.      The notary certifies that the signer personally appeared before the notary on the date indicated in the county indicated and that the signer was positively identified.

3.     The notary will complete an “Acknowledgment Certificate” (discussed later) and attach the “Acknowledgment Certificate” to the signer’s document.  The Acknowledgment Certificate tells the receiving agency exactly what was done during the notarial act… i.e. who, what, where, when and by whom.

New law now states that Notaries must use the following Certificate language for all Acknowledgments performed in California.  If the document originates from another state/country and contains language other than shown below, the notary must write “see attached” and attach the following wording.  If the document is to be filed in another state the notary can use that state’s language provided the notary is NOT required to determine or certify that the signer holds a particular representative capacity or other certifications not allowed by California law.

 

 

 

CALIFORNIA ACKNOWLEDGMENT CERTIFICATE

State of California

County of ________________

 

On _______ (date) ________ before me, _______(name of notary)___________, personally appeared ____________(name of signer (s)) ________________________________________________________,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.  I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

 

_________ (signature of Notary Public) _________                                (Seal)

 

 

 

It is also recommended that the information below be completed when attaching a “loose”

Acknowledgment Certificate to the signer’s document.

Description of attached document: ________________________________

Document date:______________     Number of pages: _______________

Signer(s) other than named above: _______________________________

Capacity(ies) of Principal Signer(s): _______________________________

 

 

NEW LAW 1/2008….THE ACKNOWLEDGMENT IS EXECUTED BY THE NOTARY UNDER PENALTY OF  PERJURY. WILLFUL VIOLATION MAY RESULT IN A CIVIL PENALTY OF UP TO $10,000.

 

 

 

JURAT NOTARIZATION

(Performed on Affidavits)

 

Affidavits & depositions

An Affidavit is a written statement made under oath that can be used in or outside of a legal preceding.  This type of document requires a Jurat (oath) notarization.

 

The primary function of the notary when notarizing an affidavit is to administer an Oath or Affirmation…to compel truthfulness!

 

The notary must compel truthfulness from the signer.  How can a notary compel truthfulness?  It is done by asking the signer to declare or certify (under oath) to the truthfulness of the contents of the document.

 

If an  individual signer object’s to swearing to a Supreme Being that the contents of the document are true, the notary would then ask the signer to “affirm” that the contents of the document are true.

 

Oath:            A solemn spoken pledge to a Supreme Being.

Affirmation:   A solemn spoken pledge upon one’s personal honor.

The signer:   (the person taking the oath) is called the Affiant.

 

When the signer takes an oath or affirmation, the signer is doing so under penalty of perjury.  Perjury is punishable by imprisonment for two, three or four years. (Penal Code 126)

 

Failure of the notary to administer an oath or affirmation is punishable by suspension or revocation and a civil penalty not to exceed $750.00.

 

Depositions:  A Deposition is an oral statement (rather than a written statement) made under oath and is generally used in a legal proceeding. Certified shorthand reporters who are licensed and trained may administer oaths to certify to the correctness of a transcription.  In California, notaries public do not take depositions as notaries public.

The language used in administering an oath for a Jurat notarization is not defined by law. An oath is described as a “formal gesture”.  It is suggested that the following language be used when administering an oath or affirmation, “Do you solemnly swear or affirm that the statements you have made in this document are true?”

 

REQUIREMENTS for JURAT NOTARIZATION

1.        The principal signer must personally appear on the date and in the county indicated on the certificate before the notary

2.        The notary certifies having positively identified the document signer.

3.        The signer must sign the document in the presence of the notary.  If the signer has already signed the document, the signer must sign it again in the notary’s presence.

4.        The notary administers an oath or affirmation.

5.        The signer declares the document to be truthful and accurate.

 

Who has the power to administer oaths or affirmations?

Notary Public, Judges, Clerk of the Court, Former judge/justice, Certified Shorthand Reporter.

 

The following Jurat Certificate Language is required for all affidavits subscribed and sworn to before the notary public.

 

JURAT NOTARY CERTIFICATE

 

State of California

County of _______________

 

Subscribed and sworn to (or affirmed) before me on this ____________day of _________, 20___

by ___________ (name of affiant) ________.    proved to me on the basis of satisfactory evidence to

be the person(s) who appeared before me.

 

 

 

______ (Notary Public Signature) ______                               (Seal)

 

 

 

It is also recommended that the information below be completed when attaching a “loose”

 Certificate to the signer’s document.

 

Description of attached document: __________________Document date: ____________

Number of pages: ________Signer(s) other than named above: ____________________

Capacity(ies) of Principal Signer(s): _______________________________

 

 

 

COPY CERTIFICATIONS

A certified copy of a document is a true copy of an original document.  In many states, the notary is allowed to make certified copies of many types of documents.  In California this is not allowed! 

 

The notary cannot make a certified copy of anything except:

1.        A journal entry from the notary’s own notary journal. 

The notary would only do this when requested by the Secretary of State or a Subpoena or   Court order.

2.        Certify a copy of an original Power of Attorney.  The principal signer on the original Power of Attorney need not be present.

What is a Power of Attorney?  A Power of Attorney is a document that allows someone to sign someone else’s name to documents.  (The original Power of Attorney may be notarized by any notary).  Occasionally a person may need to provide a certified copy of that original power of attorney.  They may bring the original back to the same notary or to any notary. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney (Probate Code 4307).  The notary would;

1.        Make a copy of the original power of attorney

2.        Attest that the copy is a true copy of the original and certify it.

 

Remember, the notary has no way of knowing if a document is an original document and thus, the law prohibits any notary from making certified copies of anything except;

(1.) Journal entry or (2.) an original Power of Attorney.

 

The following is the recommended language for Copy Certifications.

 

 

 

Certified Copy of Power of Attorney

State of California

County of ______________

 

On this _________day of ________20___ I, the undersigned Notary Public, herby certify that the attached document is a true, complete and unaltered photocopy of a Power of Attorney dated ,             (date shown on the document)              signed by _____(principal signer)________ and presented to me on this day by ___(name of presenter)_  under section 4307 of the California Probate code.

 

 

 

_________ (signature of Notary Public) __________                                       (seal)

 

 

 

 

 

Certified Copy for Notary Journal Entry

State of California

County of _________________

 

On this ________day of ______________20___ I, the undersigned Notary Public hereby certify that the attached reproduction of a Notary Journal entry involving ________(name of Principal Signer) ____made on ____(date of notarization) __________is a true and correct photocopy made from a page in my Notary Journal

 

 

________signature of Notary Public)____                                              (seal)

 

 

 

ü       Note:  If a signer is authorized to sign a document for someone else, the following is the proper way for them to sign:

John Smith by Mary Smith, his attorney in fact

 

 

 

 

COPY CERTIFICATION BY THE DOCUMENT’S CUSTODIAN

 

Often times an individual may need certified copies of various documents.  As discussed above, the California notary may not make certified copies of anything except a Journal entry or an original Power of Attorney. 

 

However, the custodian of the document (the holder of the declared original) may certify that the document is a true copy of an original document in their possession.   This is called “Copy Certification by Document Custodian”.  It is simply an affidavit (the signer’s words) attesting to the truthfulness of the contents of the affidavit.  

 

The notary would administer an oath or affirmation to the custodian and the custodian would swear or affirm that the copy is a true copy of an original document. This is simply a Jurat notarization.  We will discuss the certificate language used by the notary later.

 

Documents never to be Copy Certified by Document custodian:

• Vital records (birth, death, marriage certificates)
• Recorded Documents
• Naturalization Certificates

These documents can only be certified by the original custodian of record, i.e. county clerk, etc. 

 

The following is the suggested language that the document signer would attach to his/her copy of the original document.  The notary will administer an oath or affirmation to the custodian (affiant).

 

Copy Certification by Document Custodian

 

I ______________ (name of Custodian) __________________ hereby swear or affirm that the

attached reproduction of this ______ (name of document) _______is a true, correct and

complete photocopy of a document in my possession.

 

______ (signature of custodian) ______

 

_________ (address of custodian _____

 

NOTARY JURAT CERTIFICATE

State of California

County of _______________

 

Subscribed and sworn to (or affirmed) before me, on this ___________day of _________, 20___

by __________(name of custodian) ___________proved to me on the basis of satisfactory

evidence to be the person who appeared before me.

 

 

 

_____________(signature of Notary Public)________                        seal

 

 

 

 

PROTEST

(Uniform Commercial Code 3505/ Government Code 8208)

This is a certification that payment for a negotiable instrument has not been received.  The notary plays a part in the collection of these funds, however Protests are now rarely performed and the notarial acts are complicated a varied.  It is recommended that Protests by performed under the direction of an attorney.

 

When performing a Protest the Notary will:

1.        Identify and certify that presentation has been made on the debtor.

2.        Accept the Protest and the cause or reason for protesting the bill.

3.        File the Protest.

Note:  Notary law is non-specific as to the exact process for performing a protest and this is why it is recommended that it only be performed under the direction of an attorney.

 

 

OTHER ALLOWED TYPES OF NOTARIZATIONS

 

 

ELECTRONIC NOTARIZATIONS

(Civil Code 1633.11, 1633.12)

 

At this time, California law allows the keeping of electronic journal records.  There are no specific laws in directing the notary in how to perform an electronic notarization.

 

Requirements for Electronic Record Keeping:

Records may be kept electronically if the records are accessible for later reference.

Additional requirements may be required in the future.

 

For recording agencies the law states that the agency may accept a document for recording without the seal as long as the document contains the name of the notary, the words “Notary Public”, the notary’s county of record and the identification number of the notary and the seal manufacture’s number.

 

NOTARIZING WILLS

 

It is recommended that notaries suggest the principal signer seek legal advice, however, if the signer has spoken with counsel and/or insists that a will be notarized, the notary should comply. The notary is not an attorney and should not make the decision to notarize or not to notarize…suggest that the signer contact an attorney for advice.

 

SPECIAL RULE FOR A PARTICULAR IMMIGRATION DOCUMENT   (JURAT)  

(Government Code 8230)

The following is a special rule when identification and birth date is required.

 

When the document is attempting to identify the signer and includes:

The birth date or age and photograph or finger/thumbprint, the notary must verify the birthday by using,

1. A certified copy of the signer’s birth certificate or
2. DMV issued ID card or driver’s license

 

 

NEW LAWS 1/2008 … A NOTARY PUBLIC WHO WILLFULLY STATES AS TRUE ANY MATERIAL FACT ON AN ACKNOWLEDGMENT CERTIFICATE MAY BE SUBJECT TO A CIVIL PENALTY OF UP TO $10,000.

 

A NOTARY MUST ALWAYS USE SPECIFIC DOCUMENTS (SEE CHAPTER 10) TO VERIFY THE SIGNERS IDENTIFICATION…EVEN IF THE NOTARY PERSONALLY KNOWS THE SIGNER.

 

A four year statute of limitations is added to the misdemeanor crime of a notary public who makes and delivers as true any certificate that contains statements know to be false.

 

 

 

PROOF OF EXECUTION BY A SUBSCRIBING WITNESS

(Civil Code 1195, 1196, 1197 Government Code 27287, 8206 a, Code of Civil Procedure 1935)

 

A Proof of Execution by a Subscribing Witness is a type of notarization that is performed when the principal signer of a document cannot appear before the notary.  The principal signer will send a substitute in his/her place and that person is called a Subscribing Witness. 

 

A Subscribing Witness watches another person sign a document (or takes that person’s acknowledgment) and at the request of the principal signer, signs the document and brings the signed document to a notary.  The Subscribing Witness takes an oath or affirmation stating, before the notary,  that the above facts are true.

 

This is a dangerous type of notarization to perform and the law dictates that certain criteria be followed.

 

One important fact to remember is that the notary is not witnessing the signature of the principal signer. The principal signer does not personally appear before the notary! 

 

With any other type of notarization, the notary takes the proof that the document was signed…in this case it is the Subscribing Witness who takes the proof and then certifies (by oath) that he/she took the acknowledgment from the principal signer and was asked by the principal signer to sign the document and take the document to the notary.

 

The notary is simply taking the sworn statement from the Subscribing Witness and completing a Proof of Execution by a Subscribing Witness Certificate.  We have specific notary certificate language that is designed specifically for this type of notarization. (Discussed in a later chapter)

 

REQUIREMENTS (of the Subscribing Witness)

1.        The Subscribing Witness must be able to say, under oath, that he/she either saw the principal signer sign the document or the principal signer acknowledged that he/she signed the document.

2.        The Subscribing Witness must personally know the principal signer. “Personal Knowledge”

3.        The Subscribing Witness must be identified to the notary by one Credible Witness that the Notary personally knows, even if the notary personally knows the Subscribing Witness.

4.        The Subscribing Witness must sign the document as a subscribing witness to the principal signer.

5.        The Subscribing Witness will take an oath attesting that: he/she took the acknowledgment of the principal signer.

6.        The Subscribing Witness must sign the notary journal.  The Credible Identifying Witness must also sign the journal or the Credible Identifying Witness ID information also be entered in the Journal.   The Credible Witness does not sign the document.

7.        The Subscribing Witness will return the document to the principal signer.

 

 NEW LAW 1/2009  Personal Knowledge:

The notary may no longer use Personal Knowledge alone to identify a Subscribing Witness or Credible Witness…the notary must also ask for an acceptable form of ID and enter this information in the journal.

 

REQUIREMENTS (of the notary)

1.        The Subscribing Witness must be identified by one Credible Identifying Witness (the process will be discussed later).

2.        The notary will administer an oath (or affirmation) to the Subscribing Witness.

3.        The notary will administer an oath to the Credible  Identifying Witness.

4.        The notary will make appropriate journal entries and witnesses will sign the journal.

5.        A Proof of Execution by a Subscribing Witness Notary Certificate will be attached to the absent principal signer’s document.

 

 

REQUIREMENTS (of the Credible Identifying Witness)

The Credible Identifying Witness must know the Subscribing Witness and the notary must know the credible witness.

1.        The purpose of the Credible Witness is to identify the Subscribing Witness.  The notary must establish the identity of the subscribing Witness by the oath of a credible witness whom the notary personally knows and the Credible Witness must personally know the Subscribing Witness. The Credible Witness must certify (by oath) that the Subscribing Witness is personally known to be the person he/she claims to be.  (The credible witness need not know absent the principal signer).

2.        The Credible Witness will not sign the document but will sign the journal.

           The notary certificate language that the notary will attach to the document will be discussed later.

 

OTHER REQUIREMENTS

This type of notarization may not be used in conjunction with any;

• Deed of Trust
• Mortgage,
• Security Agreement,
• Quitclaim Deed, or
• Grant Deed

The above types of documents require the thumbprint of the principal signer…since the principal signer is not present before the notary there is no way for the notary to obtain the thumbprint in the journal. 

There are exceptions to the above rule;

Foreclosures, Trustee’s Deeds and Deeds of Reconveyance

These types of property transactions do not require a thumbprint and thus can be notarized using the Proof of Execution by a Subscribing Witness Jurat.

 

Also, A Proof of Execution by Subscribing Witness type of notarization may not be used with affidavits because the Subscribing Witness is not authorized to administer an oath or affirmation to the principal signer.  Only a notary can do that!

 

The following is the notarial Certificate language for performing a Proof of Execution by Subscribing Witness Jurat.  This Certificate will be attached to the principal signer’s original document.

 

 

Proof of Execution by Subscribing Witness

 

State of California

County of _________________

 

On ___________(date)________________, before me the undersigned Notary Public,  personally appeared ________________(name of Subscribing Witness)_________________ proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ______(name of Credible Identifying Witness) _________a credible witness who is known to me and proved a satisfactory identifying document. ____ (subscribing witness’s name)______ being by me duly sworn, deposed and said that he/she was present and saw/heard ______(name of principal) _____the same person described in and whose name is subscribed to the within, or attach, instrument in his/her/their authorized capacity as a party thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within instrument as a witness at the request of ____(name of principal)_________.

 

WITNESS my hand and official seal.

 

 

_____(signature of Notary Public)__________                           (seal)

 

 

Description of the Attached Document

Title or type of document: ________________   Document Date: _______________ 

Number of pages: ________Signer(s) other than names above:  _______________

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CHAPTER 8

CERTIFICATE LANGUAGE

(Civil Code 1189, 1190, 1195, Government Code 6203, 8214.1 (j) (l), Penal Code 470)

 

NOTE: YOU MAY WANT TO EXAMINE THE VARIOUS NOTARIAL CERTIFICATES SHOWN IN THE PREVIOUS CHAPTER WHILE REVIEWING THIS SECTION.

 

Each notarized document must indicate what the notary did during the notarization.  The language that tells the receiving agency what the notary did during the act is called “certificate language”.  There is different language for different types of notarial acts. 

 

The notarial language (certificate language) is usually pre-printed on the signer’s document.  If it does not appear on the document the notary may attach a loose certificate to the signer’s document. Occasionally, the certificate language is incorrect and again the notary would write “see attached” and attach a correct loose certificate to the signer’s document. The notary will carry blank certificates with his/her notary supplies.

 

The notary may not just stamp and sign a document that does not have proper certificate language either pre-printed or attached to the signer’s document.

 

VENUE

All notarizations will show a VENUE.  The Venue is the state and the county where the notarization took place.  Of course, all venues will reflect the state as California.

State of California

County of ________

ü       If the act is performed by a Military Notary, on a military reservation, the name

of the reservation will also be shown (Jurats only).

 

In order for a signature to be notarized, the signer’s document must contain three elements:

1. Text
2. Original Principal’s Signature (in ink)
3. Certificate Wording (California required language)

 

The notary must follow the law when performing any notarial act.

• The notary may not choose the type of notarization to be attached to the document.  If the certificate language is not pre-printed on the document, the notary must ask the signer what type of notarization the signer requires.  If the signer does not know, the signer can contact the issuing or receiving agency.  If the notary were to choose, the notary would be practicing law which is strictly prohibited in California (unless the notary is also an attorney).

 

• The certificate language represents a guarantee to the receiving agency that the notary performed the statements stated on the certificate. 

 

• Generally the notarial certificate language will appear below the signature of the signer’s document.

 

• Prescribed language for Acknowledgments and Jurats is now required by California law.  (discussed later)

 

• If the notary willfully misstates any information on the certificate it is a criminal offence (misdemeanor).   If the false statement is on a property transaction it is a felony!

 

• A notary may also be guilty of forgery if the notary issues an acknowledgment knowing it to be false.  A person who falsifies the acknowledgment of a notary public is also guilty of forger.  Forgery is punishable by  imprisonment for not more than one year.

 

• Failure to complete an acknowledgment at the time the notary’s seal and signature are affixed to a document can result in the notary’s commission being revoked, suspended or denied, and a civil penalty not to exceed $750.00.

 

• If certificate language appears on the signer’s document and some of the information has been filled in by the issuing agency and it is wrong, (i.e. wrong date or wrong venue or wrong name) the notary must correct the certificate.

 

• California All Purpose Acknowledgment wording must be used (exactly) on all documents filed in the State of California…however, a notary may complete acknowledgment forms required in another U.S. state or jurisdiction if the document will be filed in that state. (see page 12).  (Civil Code 1189)

 

• Jurat Certificates must be in a language prescribed by California law (see page 13) and the notary must administer an oath or affirmation and the signer must sign his/her document in the presence of the notary. (Government Code 8202)

 

PREPRINTED CERTIFICATE   =   Notarial wording appears on the signer’s document and is prepared by the drafter of the document.

 

LOOSE CERTIFICATE       =      Notarial wording appears on a separate 81/2” X 11” sheet. 

                                          It is attached to the signer’s document, by the notary at the direction of the signer.

 

 

MORE RULES FOR COMPLETING THE NOTARIAL CERTIFICATES

• Attached (loose) certificates shall be 8 1/2” X 11”
• Do not use white-out to correct mistakes on the certificate.  Draw one line through the error, initial and make the correction. 
• If the language is not California approved language, write “see attached” in a white space near the pre-printed language and attach a “loose certificate” to the document.
• Staple a loose certificate behind the signature page of the document.
• Make sure all blank spaces are filled in. (names, dates and personal pronouns).
• Do not stamp the document and a loose certificate. Place the seal near the notary language and notary signature. It is against the law for a notary to place the notary seal on document by itself…it must appear near the notary signature, near the notary certificate language.

 

 

CORPORATE ACKNOWLEDGMENT

(Civil Code 1190, 1193)

An officer acting on behalf of an incorporated or unincorporated entity must authenticate their signed documents by affixing their signature followed by the name of their office (i.e.  John Doe, President of Ajax Widget Company).  When an officer of a company signs and document with the full authority of the company it is as though the company signed the document and the entity will be held to the terms of the document.

 

EXAMPLES OF CERTIFICATE LANGUAGE CAN BE FOUND IN CHAPTER 7

 

 

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 CHAPTER 9

REQUIREMENTS FOR A PROPER NOTARIZATION

(Government Code 6203, 8214.1, 8205 a-2, 8214, 8214.2 Notary Handbook)

 

 

1.        Personal appearance of the principal signer is required for all Acknowledgment and Jurat notarizations.  There are two exceptions to that rule:

a.        A person signing with his/her power of attorney.  Remember that you do not have to verify that the “attorney-in-fact” has the power to sign the document…the signer is acknowledging to the notary that he/she has the authority to sign the document.  The absent principal signer is not present.

b.        Proof of Execution by a Subscribing Witness.  (For Acknowledgments only).  The principal signer does not appear before the notary.  The principal signer sends another person in his/her place.

 

2.        Communication:  The notary must be able to directly communicate with the signer.  If the signer and the notary do not speak the same language, the notary may not use an interpreter.  The notary must refuse to perform the signing.

 

3.        Do not guide the signer’s hand.  Ill signers must be able to hold the pen…the notary or a third party may not guide the signer’s hand when signing the document or the journal.

 

4.        The notary may notarize for a minor.  Notaries may not communicate through a parent or guardian.

 

5.        Documents written in a foreign language may be notarized if the document signer can directly communicate with the notary in a common language.  The signer must be able to explain what the document is so that it can be entered in the notary journal. Remember, the notary is not responsible for the contents of the document. The “notary certificate” must be written in a language that is understood by the notary.

 

6.        Willingness to sign and awareness of what is in the document. It is recommended that the notary show due-diligence in determining that the signer is capable of understanding the contents of the document.  Can the signer communicate with the notary?  Is the signer aware of the contents in the document?  Is the signer conscious?  Is the signer coherent?  Is the signer signing of his/her own fee will?  Is the signer being coerced? Does the signer intent the document to be enforced?

 

7.        Scan the document for blank spaces.  A notary must never fill in the blanks on the document!  Let the signer decide what to put in the blank spaces.  Refuse to notarize a document that is incomplete.  Examine all pages before notarizing

 

8.        Ensure that the date of the notarization is accurate and true!  Never, ever back-date or post date notarial acts.  If you lie, it is a criminal offence! In an Acknowledgment the signer may have signed the document a year ago…he brings the document to a notary today…the notary will notarize it using today’s date (the signer must always appear in front of the notary to acknowledge his/her signature).  In a Jurat notarization (performed on affidavits) the signer must sign the document in front of the notary, and if required date it today. The notary will notarize it using today’s date.

 

9.        Notarization Certificates must be completely filled out at the time the notary’s signature and seal are affixed to the Certificate.

 

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CHAPTER 10

IDENTIFICATION

(Government Code 8202, Civil code 1185)

In order to detect and detour fraud it is the duty of the notary to identify all signers.

This is an important part of the notary’s job. 

The notary must use due diligence and common sense when examining the identification. 

 

When in doubt, use a secondary form of identification.  The primary form of identification must be one of the cards listed below.  The secondary form of identification may be used to reinforce the identity of the signer and the secondary ID may be any ID deemed appropriate by the notary.  Please note, however, that using a secondary form of ID is not a statutory requirement. The notary must be completely satisfied that the person appearing before them is the same person named in the document.

 

Identification is required by law for all Acknowledgments and all Jurats.

 

METHOD TO IDENTIFY A SIGNER

A.        Satisfactory Evidence

1.        Identification card (as prescribed by state law)*

2.        Credible Identifying Witness(es)**

Including the absence of any information which would lead the notary to believe that the signer is not the individual he/she claims to be…use DUE DILIGENCE AND COMMON SENSE!

 

*USING IDENTIFICATION CARDS TO IDENTIFY A SIGNER

There are two categories of Identification cards and these cards have required elements.  The notary may use any of the below cards but cannot use a combination of these or other cards to make up the required elements.  For example, if an ID card from another state does not have a signature the notary cannot use a Costco card with a signature to complete the required elements.

 

Note:  All of the below cards must be current or have been issued within five years.

 

ACCEPTABLE IDENTIFICATION CARDS    FIRST CATEGORY

1.        California DMV issued driver’s license or CA State ID Card

2.        U. S. Passport

 

ACCEPTABLE IDENTIFICATION CARDS    SECOND CATEGORY

1.        Driver’s license or ID card issued by a state other than California

2.        Employee identification card issued by an agency or office of the State of California or agency or office of a city, county or city and county in California.  (New law 1/2009)

3.        Canadian driver’s license

4.        Mexican driver’s license

5.        Military ID card

6.        Inmate ID card

7.        Foreign Passport, (entry stamped by the United States Immigration Service)

AND

REQUIRED ELEMENTS for the second category of the above cards: They must contain:

1. Serial Number
2. Signature
3. Photograph
4. Physical Description

For forms required by the U.S. Immigration Service only, the notary may use a Resident Alien ID Card.

 

 USING A CREDIBLE IDENTIFYING WITNESS(ES)  TO IDENTIFY A SIGNER

When the signer does not have proper ID, one or two Credible Witnesses may vouch for the identity of a document signer…and … the witness(es) must take an oath attesting to the signer’s identity.

 

TWO CREDIBLE IDENTIFYING WITNESSES are used when the notary does not personally know the witnesses.

ONE CREDIBLE IDENTIFYING WITNESS is used when the notary personally knows the witness and the witness personally knows the signer.

 

STEPS TO FOLLOW WHEN USING CREDIBLE IDENTIFYING WITNESS(ES)

1.        Identify the Credible Witness(es) through state-approved ID cards shown above.  Enter this information in your journal

2.        Administer an oath to the Credible Identifying witness(es)  (see below).

3.        The Credible Identifying Witnesses will sign your journal but does not sign the document. 

Shown below is the oath (or affirmation) the notary will administer to the Credible Identifying Witness.  Although not a requirement, the notary may want the Credible Witness to also sign the below statement.

 

 

CREDIBLE IDENTIFYING WITNESS STATEMENT

 

1.        “Do you swear or affirm that you personally know   (name of principal signer)   and

2.        that   (name of principal signer)   is the person named in this document.

3.        That it is your reasonable belief that it would be difficult or impossible for  (name of principal signer)  to obtain an ID card for the purposes of identification.

4.        That  (name of personal signer) does not possess any of the acceptable forms of identification, and

5.        that you are not financially involved or named in the document requiring notarization?”

 

 

SPECIAL RULE FOR A PARTICULAR IMMIGRATION DOCUMENT   (JURAT)  

(Government Code 8230)

This is a special rule when identification and birth date is required.

When the document is attempting to identify the signer and includes:

The birth date or age and photograph or finger/thumbprint, the notary must verify the birthday by using,

3. A certified copy of the signer’s birth certificate or
4. DMV issued ID card or driver’s license

 

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CHAPTER 11

SIGNATURE ISSUES

Civil Code 14, 1190, 1193

 

The signer’s signature on a notarized document must be original and made in ink. 

 

Check the slant, direction and position of the characters in the signature.  However, often times the signature of a person

today does not look like the signature shown on a driver’s license issued several years ago.  The notary must also take other factors into consideration such as the physical description and photograph…and occasionally a secondary form of ID.

• In an Acknowledgment notarization the signer may have signed the document a year ago…he brings the document to a notary today…the notary will notarize it using today’s date (the signer must always appear in front of the notary to acknowledge his/her signature). 
• In a Jurat notarization (performed on affidavits) the signer must sign the document in front of the notary and again, the notary will notarize it using today’s date.

 

NAME ISSUES

Occasionally the name shown on the identification does not match the name shown on the document.  It is not unusual for an issuing agency to require the signer tosign the document exactly the way the document was drawn.  This presents a dilemma for the notary because one of the primary jobs of the notary is to insure that the person standing before the notary is the same person named in the document.

 

IMPROPER ID

Less but Not More Rule

It stands to reason that the notary cannot notarize for a person with a different name than is shown on his/her identification document.  There is a standard that notaries follow to help insure that the proper person is, in fact, standing before the notary.  This rule is called the Less but Not More Rule. 

 

The signer may sign using fewer or less names or initials than appear on the ID…but the signer may not add names/initials to his signature if they do not appear on the ID.  For example:

 

When the identification reads:        Okay to sign & notarized as:           May NOT sign or notarize as:

John J. Jacobs                                      John J. Jacobs                             John James Jacobs

                                                          J. J. Jacobs                                 J. James Jacobs

                                                          John Jacobs                                James Jacobs

                                                          J. Jacobs                                    Jimmy Jacobs

                                                                                                          John J. Jacobs, Jr

 

SIGNATURE BY MARK

(Civil Code 14)

Occasionally a signer may have trouble signing his/her name.  The signer may sign with a mark (X). The signer’s mark must be witnessed by two witnesses other than the notary.

 

1.      Identify the Principal Signer…the person making the mark. (see Chapter 10)

2.      On the document and in the journal the first of the two witnesses writes the signer’s name next to the signer’s mark.

3.      The first of the two witnesses (George Patterson in our example) will also write the signer’s name in the journal next to the signer’s mark.

4.      Both witnesses’ sign the document as witnesses (see below).  The notary is not required to identify the two persons who witnessed the signing or to have the witnesses sign the journal.  However, it is always recommended that everyone involved in the act be identified and sign the Journal.

5.      If the witnesses are also acting as Credible Identifying Witnesses then both witnesses must be identified and also sign the Journal.

        John   X   Jacobs         .

         Borrower   John Jacobs

 

George Patterson, witness     .

Gayle Murphy, witness     .

 

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CHAPTER 12

JOURNAL REQUIREMENTS

(Government Code 8214.1, 8205, 8206, 8209, 8221, 8225, 8228, 8228.1)

 

A notary public in California must keep a journal of all notarial acts.  The journal must be a bound book (not loose-leaf binder).  The journal is the only public record of a document being signed and the notary is the custodian of this public record.  It is the exclusive property of the notary and must be turned into the notary’s county of record within 30 days, after the notary gives up the notary commission.

 

The notary is guilty of a misdemeanor if the notary willfully:

• Fails to properly maintain the journal
• Fails to notify the Secretary of State if the journal is lost, stolen, destroyed or surrendered to a peace officer.
• Fails to permit a lawful inspection/copying of the journal
• Destruction, defacement or concealment of the journal

 

ü       A person who solicits, coerces, or influences a notary to improperly maintain the journal is guilty of a misdemeanor.

ü       Failure to secure the journal is grounds for refusal, revocation or suspension of the notary’s commission.

 

IT’S THE LAW!

• One active journal at a time.  Do not keep one at work and one at home.
• Sequential entries…chronological by date and time.
• Separate entry for each notarization performed…including each lawfully refused notarization. Example:  One signer, signing five documents, would require five separate entries.  Five signers, signing one document, would require five separate entries.
• The journal must be kept in a locked and secured area…under the direct and exclusive control of the notary.
• When the notary leaves their place of employment the journal goes with the notary…regardless of who paid for the journal or the notary commission. 
• If the notary is also resigning his/her commission, the journal must be turned into the county of record.
• If there is more than a 30 day break in the notary’s commission (resignation or expiration) the journal must be turned into the notary’s county of record.

 

JOURNAL PHOTOCOPIES

(Government code 8205,8206 b,c,e, 8209)

Copies of journal entries may be given to certain parties; however, the notary must follow the law when providing copies to those parties entitled to the copies…the requesting agency or party must also follow the law.

 

PHOTOCOPIES FOR MEMBERS OF THE GENERAL PUBLIC

A member of the public (this would include attorneys) must present a written request to the notary. The notary must provide a copy or acknowledge that no such line line exists within 15 business days after receipt of the request. The written request must contain:

1. Name(s) of the signer.
2. Type of document that was notarized
3. Month and year of the notarization.  (The notary may only charge 0.30 per page)

 

PHOTOCOPIES FOR YOUR EMPLOYER

Upon request from an employer the notary must provide copies of all notarizations that pertain to the business of the employer.  If requested, and in the presence of the notary, a duly designated auditor of the employer may inspect or copy the journal.  Inspecting and photocopying unrelated entries is not permitted.

 

PHOTOCOPIES FOR THE SECRETARY OF STATE

The notary must respond within 30 days of receiving a written request sent by certified mail for information relating to official acts.  This requirement does not apply to requests for copies of the journal.  A notary must respond in the time frame requested when asked for journal copies.

 

PHOTOCOPIES FOR A PEACE OFFICER

If the journal is taken by a peace officer the notary must notify the Secretary of State within 10 days, by certified mail.  The journal may be surrendered to a peace officer who has reasonable suspicion to believe the journal contains evidence of a criminal offense.  Immediately surrender the journal or as soon as possible.  Obtain a receipt and submit this to the Secretary of State.  The peace officer must notify the Secretary of State within 24 hours of the name of the notary whose journal was seized.  NEW LAW 2008…Willful failure of a notary to provide a peace officer with the journal is punishable by a civil penalty of up to $2500. and grounds for suspension/revocation.

 

SUBPOENA OR COURT ORDER

Upon receipt of a subpoena or court order the notary must present the journal for examination and copying and must certify the copies if requested.

 

LOST, STOLEN, MISPLACED OR DESTROYED JOURNAL

 

Immediately, by certified mail, notify the Secretary of State in writing and include:

1. Period of the journal entries
2. Commission number
3. commission expiration date
4. Copy of any police report for theft.

NEW LAW 2008….Willful failure to report the theft or loss of a journal is grounds for revocation/suspension

Remember:  The notary can only keep one active journal at a time.  If the notary starts a new journal and the old journal is returned to the notary at a later date, the old journal is retired…the notary continues with the new journal.

DEATH OF THE NOTARY

The notary’s personal representative must promptly deliver all notarial records to the county clerk.

JOURNAL ENTRIES

California law dictates the information that shall be maintained in the notary journal.  The law does not dictate the format of the contents of the journal.  You may purchase journals from various vendors but if one of the below elements is missing you must write that element in the journal.

1. Date and time of the notarization
2. Type of notarization
3. Type of Document
4. Signature of the Principal Signer
5. Notary fee charged (you can charge less than the law allows but never more)
6. Right thumb print (when applicable)
7. Description of how the signer was identified:

Personally Known    or    Type of ID card used to identify

                                      Id number and expiration date of ID card

Recommended Journal entries:

• Address of the signer
• Date shown on the document
• Additional information…Where the signing took place, who was present, etc.

 

Credible Identifying Witnesses – Subscribing Witnesses

Complete the above journal entries for witnesses.

 

THUMBPRINT

(Government Code 8206)

 

Journal thumbprints are required for all deeds, quitclaim deeds and deeds of trust affecting any real property.  NEW LAW: Also obtain a thumbprint for Powers of Attorney.  A thumbprint is not required for,

• Foreclosures
• Trustee’s Deeds
• Deeds of Reconveyance

If the right thumbprint is not available, then the notary can require the left thumbprint or any available finger…make a notation in the journal including an explanation of the physical condition. Note:  It is recommended that a thumbprint be obtained for all notarial acts.  However, this is not a statutory requirement. For multiple copies of identical documents or several signers the notary may insert ditto marks to indicate duplicate information.

NEW LAW 2008…the Secretary of State OR a peace officer, acting within their authority may examine a notary public’s pertinent records.

 

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CHAPTER 13

NOTARY SEAL

(Government Code 8214.1 (o) 8207, 8207.1,8207.2, 82073, 8207.4, 8228.1, 66436, Civil code 1193)

 

In order to the notarial act to be complete, the notary seal must be placed near the notary’s signature and the notary’s signature will be near the notarial certificate wording. (see exception, subdivision maps below)  A notary may not use the notary seal or title “Notary Public” for any other purpose than for rendering notary services.

 

Do not place the seal over any printed matter or over any signatures.

 

Do not stamp a document without your signature and certificate wording on the same page. Do not use the seal by itself. 

 

Note:  California County Recorders may not accept documents with illegible or improperly placed seals. Be sure you seal impression is clear and readable.

 

PENALTIES FOR SEAL VIOLATIONS

• Follow all seal requirements and law!  Keep your seal in a safe place because the penalty could be revocation or suspension of the commission plus a $1500. maximum civil fine.
• A notary is guilty of a misdemeanor if the notary willfully fails to keep the notary seal under his/her direct and exclusive control or if the notary willfully surrenders the notary seal to any person not authorized to possess it even if that person paid for it.

 

LOST, STOLEN, MISPLACED OR DESTROYED

Immediately notify the Secretary of State in writing (fax okay) or in person if the seal fails to work properly or is lost stolen, misplaced or destroyed.  If requested, within five working days of receipt of the notice the Secretary of State will issue a new Certificate of Authorization (see below).

NEW LAW 2008…a four year statute of limitations is added to the misdemeanor crime of failing to keep the seal under the notaries’ direct and exclusive control.

 

SEAL REQUIREMENTS

Notary law dictates the size, shape, format and elements of the seal of the California Notary.  Commission numbers and seal manufacturer numbers are issued sequentially.

1. Serrated border
2. The words “Notary Public”
3. California State Seal
4. The name of the Notary as it appears on the notary commission
5. Notary Commission number
6. Name of the county where the notary’s oath of office and official bond are on file
7. Commission expiration date
8. Seal vendor/manufacturer ID number in the right and left border of the Seal

 

NO SEAL ON SUBDIVISION MAPS

There is one exception to the required law for notary seals on all official notarial acts.  This exception is for Subdivision Maps.  A subdivision Map is made of a glossy material and the ink on the seal will smear.  The notary is directed to use a Sharpie Pen (indelible ink) or type below the notary signature:

1. Notary’s name
2. County of the notary’s principal place of business
3. Notary’s commission expiration date

 

OBTAINING THE SEAL

Certificate of Authorization

In order to prevent the unauthorized manufacturer of notary seals, the notary must present a “Certificate of Authorization” to a state licensed seal manufacturer to obtain a seal.  A list of manufacturers and the Certificate of Authorization will be included in the Commission Packet that the notary receives after the background check is completed. 

 

Each seal vendor must place its manufacturer identification number within the border of the seal.  The manufacturer will affix an impression of the notary seal to the Certificate of Authorization and

mail the original Certificate of Authorization to the Secretary of State.  The original is not returned to the notary.

 

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CHAPTER 14

FEES

(Government Code 6100, 6107, 6108, 8202.5, 8202.7, 8202.9, 8203.6, 8211, 8223: Election code 8080)

 

A notary may charge the maximum fee, a lesser fee or no fee at all.  Under no circumstances may a notary charge more than the maximum fee allowed by law. The law does not dictate travel or accommodation fees.  Charging more than the prescribed fee could result in revocation or suspension and a $750.00 penalty.

 

Acknowledgments                                            $10.00 for each signature

Jurats (including administering oath)                   $10.00 for each signature

Copy Certification of Power of Attorney               $10.00

 

Protests:                                                       $10.00 for executing plus

                                                                    $  5.00 for serving notice

                                                                    $  5.00 for recording

 

Depositions (taking the deposition)                     $ 20.00  plus

a.  Administering oath/affirmation                       $  5.00

b.  Completing the Certificate for deposition         $  5.00

 

 

Photocopies of journal entries                            $ 0.30

 

ü       For services of a non-attorney notary related to the change of a person’s immigration status:  $10.00 per set of forms, apart from the standard notarial fee.

 

 

 

NO FEE MAY BE CHARGED

The notary may NOT charge a fee for the following:

• Election Papers:  absentee ballot identification envelopes or other voting materials.
• Compensation of a Veteran:  documents related to the discharge/certificate of service of a veteran including the issuing of certified copies or searching for any public record required by the Veterans Administration.

 

OTHER RULES FOR CHARGING FEES

(Government Code 6108, 8202.5, 8207.7, 8208.8)

 

• County or judicial district notary employees may not charge a fee for administering or certifying an oath of office or for notarizations related to claims filed against any county.
• Public agency notaries must charge for non-agency related notarizations and turn in all fees collected to the government agency.  If requested, a receipt must be issued.  The agency must deposit those fees into a fund from which the employee is paid.
• A notary appointed for a military reservation may not charge for services on the reservation.
• Private employer/notary must remit fees to the employer when a mutually voluntary agreement to remit fees has been entered into.  The employer must deposit those fees into a fund from which the employee is paid.

 

 

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CHAPTER 15

ADVERTISING NOTARY SERVICES

(Government Code 8214.1 (f), 8219.5, 8223, Business & Professional Code 22332.2, (Notary Handbook)

 

 

Notaries in many countries, including Mexico are practicing attorneys.  The following restrictions are intended to protect

document signers from other countries, thinking that the California notary possesses the same training, powers and legal

expertise a notary from their country of origin.  A California notary may not project himself/herself as providing a service

that they cannot, by law provide.  California has strict laws concerning advertising in a foreign language and advertising

as both an immigration specialist and a notary.

 

• A notary may not use false or misleading advertising to represent that he/she has duties rights or privileges not granted by law.
• A notary may not use the Spanish terms notario publico or notario or any other non-English equivalent because those terms may mean attorney is many Latin countries.
• A notary may not proclaim himself or herself to be both an immigration expert and a notary.  In other words, an immigration expert/specialist cannot also advertise as a notary.
• A notary who advertises in a foreign language, except for the use of a single desk plaque, must include in the advertisement…in both English and the foreign language:

“I AM NOT AN ATTORNEY AND, THEREFORE, CANNOT GIVE LEGAL ADVICE

ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTERS.”

The notary must also post the statutory fees a notary may charge

 

 

 

ADVERTISING RULES FOR NOTARY/IMMIGRATION CONSULTANTS

(Business an Professional Code 22442.2-3)

A Notary/Immigration Consultant may not advertise as such.  A notary cannot advertise in any manner whatsoever as a notary public if he/she holds himself/herself out as an immigration specialist.

 

A notary may notarize immigration documents.  However, a notary may not assist a client in completing the immigration forms unless the notary is qualified and bonded as an immigration consultant. 

 

A notary may not enter data on an immigration form unless specially trained and bonded as an Immigration Consultant.  When entering data related to the change of a person’s immigration status the law dictates the maximum fee that may be charged; $10.00 per set of forms, apart from the standard notarial fee, (see Chapter 14 FEES ).

 

If acting in the capacity of an immigration consultant the following rules must be observed;

• Name, address, bonding information and a statement that the consultant is not an attorney and shall be posted both in English and in the native language
• Services provided and fee schedule.
• The names of each immigration consultant employed at that location.
• The posted notice shall be at least 12”X20” bold face type with each character on inch in height and width.
• Written disclosure will be provided to the client (in the client’s native language) with the consultant’s name, address, phone, evidence of compliance and bond number.

 

PENALTIES FOR FALSE ADVERTISING

First offense:  Revocation or Suspension for one year

Second offense:  Permanent Revocation plus a civil fine of up to $1500.00

 

 

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CHAPTER 16

CONFLICTS OF INTEREST

(Government Code 8227.1, 8212.1, 8207.4, 8224, 8224.1  Penal Code 115.5)

 

The California notary is prohibited from practicing law…unless he/she is an attorney. 

 

The law states:

“California notaries are prohibited from performing any duties which may be construed as the unlawful practice of law including preparing, drafting or selection or determination of document or giving advice with relation to any legal documents or matters.” Notary Handbook, pg 6 (Business and Professional Code 6125, 6126, 6217

 

 

Exceptions To The Above Rule

Practicing attorneys

Certification or training in a particular field (immigration Consultant)

 

Specific conflicts of interest

A notary public who has a direct financial or beneficial interest in a transaction may not perform any notarial act in connection with such transactions, including;

1.      Personal Documents executed by the notary. 

2.      Financial transactions where the notary is named as principal to the transaction.

3.      Real estate transactions where the notary is named in the transaction as:

Grantor

Grantee

Trustor Trustee

Lessor

Lessee

Mortgagor

Mortgagee

Vendor

Vendee

Exceptions

The notary may notarize a document when the notary is acting in the capacity of:

Agent           Employee

Insurer Attorney

Escrow          Lender

for a person having a direct financial interest in the transaction

 

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CHAPTER 17

PENALTIES FOR VIOLATION OF NOTARY LAW

(Government Code 8214, Code of Civil Procedures 338)

 

The Statute of limitations for notary misconduct is 3 years from the performance of the notarial act or one year from the discovery of the infraction…but no longer than 6 years from the performance of the act.

 

If a notary is convicted of any felony or a crime related to notarial misconduct…including the false completion of a certificate, the court must revoke the notary’s commission and require the notary to surrender to the court the notary seal. (The court will then forward the seal to the SOS).

 

Civil Penalties are transferred to the State’s General Fund.  Notary revocation is filed with the county clerk.

 

 

THREE CATEGORIES OF PENALTIES

There are 90 + laws that govern a California Notary Public.  We will break-down the penalties into three categories; Administrative, Criminal, Civil, we will explain the liability that the notary may encounter for each infraction and category.

The statutes governing California Notaries are,

• Government Codes
• Civil Codes
• Business and Professions Codes
• Election Codes
• Commercial Codes
• Probate Codes
• Penal Codes

For every infraction of notary law there may be an administrative consequence,

• Suspension
• Revocation
• Civil Fine of up to $1500.00  NEW LAW 1/2008…$10,000

A  few of these codes is also a criminal offense,

• Infraction

• Misdemeanor
• Felony

The notary may also be liable for restitution to an injured party in a civil suit should the party experience a loss due to notary intentional or unintentional misconduct.

 

 

LIABILITY

(Government Code 8214.1, 8214.5, 8215.5)

A notary assumes unlimited financial liability for all acts performed.  A notary’s liability covers acts that are

both intentional and unintentional.

1.  Administrative Penalties

• Denial, suspension or revocation of a notary commission
• Civil Penalties (fines)

2.  Criminal Penalties

• Fines
• Imprisonment

3.  Civil Penalties

• Reimbursement to the injured party
• Legal defense and court costs

 

Penalties, continued

 

 

ADMINISTRATIVE PENALTIES AT A GLANCE

(Government Code 8212.1, 8214.3, 8214.4, 8214.5, 8217, 8227.3, 8233)

 

Prior to a revocation or suspension or denial of a notary’s commission, the person affected has a right to a hearing on the matter. (Government Code 8214.3)

Disciplinary proceedings may continue after resignation or expiration of a notary commission. (Government Code 8214.1)

 

Commission Cancellation

 (Gov. Code. § 8204.1)

Refusal to pay commission fees due to a returned check upon the second notice.

 

Commission Denial

(Welfare & Inst. Code §11350.6,  Family Code § 17520)

Not complying with child support orders and commission fees paid will not be refunded.

 

Commission Denial, suspension or revocation

·            Misstatement or omission of facts in an application.

·            Conviction of a felony or lesser offense involving moral turpitude.

·            Revocation, suspension, restriction or denial of a professional license if due to dishonesty.

·            Failure to keep seal and journal in a locked and secured area.

·            Engaging in the unauthorized practice of law.

·            Being found liable for damages in a suit…fraud, misrepresentation or violation of state laws.

·            Failure to remit any court ordered monetary judgment or restitution to the secretary of state.

·            Failure to report a lost/theft of a journal

·            Making a false writing

·            Fraud relating to a deed of trust

·            Improper notarial acts

·            Unlawfully acting a a notary public

·            Forged documents

·            Forgery

·            Embezzlement

·            Falsely obtaining personal information

·            Failure to provide access to a journal

 

$500. FINE

·         Failure to notify the Secretary of State of an address change

·         Failure to notify the Secretary of State of a name change

 

Commission Denial, Suspension or Revocation AND A $750 FINE

·         Failure to administer an oath/affirmation when required by law.

·         Failure to complete an Acknowledgment Certificate at the time the Notary signature/seal are affixed to a document.

·         Negligent failure to discharge fully and faithfully the duties/responsibilities of a Notary.

·         Charging more than the maximum Notary fees allowed by law.

 

Commission Denial, Suspension or Revocation AND A $1,500 FINE

·         Failure to comply with procedures for buying/selling a Notary seal.

·         False misleading advertising claiming to have duties, rights or privileges not granted by law.

·         Committing an act involving dishonesty/deceit with the intent to benefit the Notary or injure another person.

·         Knowingly completing a false Notary certificate.

·         Willful failure to report that a seal is lost, misplaced, destroyed, damaged.

·         Advertising as a Notary and immigration specialist or consultant at the same time.

·         Charging more than $l0 per individual for a set of forms for entering data into an immigration form at the direction of a client. Entering data into an immigration form while not qualified and bonded as an immigration specialist or consultant.

 

Commission Denial, Suspension or Revocation AND a $2500 fine

·         Failure to provide a peace officer with a journal when requested.

·         Failure to obtain a thumbprint as required (four year statute of limitations

 

$10,000 Civil Penalty

·         Failure to properly identify signers and witnesses using specific ID cards

 

Commission Denial, Suspension or Revocation…Advertising

·         Failure to print and post the prescribed notice in a non-English advertisement. 

·         Using the terms notario or notario publico shall not be used…ever!

First Offense: Commission Denial, Suspension or Revocation for a Period of Not Less Than One Year.  Second Offense; PERMANENT REVOCATION and $1500 FINE

Penalties, continued

 

CRIMINAL OFFENSES AT A GLANCE

 

MISDEMEANOR OFFENSES

The following are misdemeanor offences:

·          Completing a Notary certificate with statements the Notary knows to be false. (G.C.§ 6203).

·          Failure to turn in Notary papers and Journal to the County Clerk.  (G.C. § 8209).

·          Destruction, defacement or concealment of Notary records or papers.  (G.C. § 8221)

·         Influencing or coercing a Notary to perform an improper notarial act…or anyone who solicits, coerces, or influences a notary to improperly maintain the notary Journal is guilty of a misdemeanor. (G.C. § 8225).  NEW LAW 2008…four year statute of limitations.

·          Impersonating or acting as a Notary without a valid commission.  (G.C. § 8227.1)

·          Failure to maintain the journal or failure to notify the Secretary of State of a lost, stolen or destroyed journal… or a journal surrendered to a peace officer… or fails to permit a lawful inspection/copying of the journal.  (G.C. § 8228.1)

·         Failure of the notary to keep the notarial seal under his/her direct and exclusive control or surrenders the seal to any person not authorized to possess it.

 

 

FELONY OFFENSES

The below infractions are with regard to certain single-family residences.

(Government Code . § 8227.1, 8227.3, 8214.2,8214.8, 8228.1   Penal Code § 115.5  )

·         A Notary acting with intent to defraud where the Notary knows a Deed of Trust contains false statements or is forged.  A notary will also be subject to other relief/remedies provided to the parties by law.

·         Impersonating or acting as a Notary in relation to any document affecting the title to an interest secured by a Mortgage or Deed of Trust.

·         Making a false statement to a Notary to induce the Notary to perform an improper notarial act on a document affecting the title to or placing an encumbrance on a single-family residence.

Willfully destroying, defacing or concealing records belonging to a notary public now has a four year statute of limitations

 

FORGERY  (Penal Code 470)

·         A notary is guilty of forgery if he/she issues an acknowledgment knowing it to be false. 

·         A person who falsifies the acknowledgment of a notary is also guilty of forgery.

 

FORGERY is punishable by imprisonment in the state prison (or county jail) for not more than one year

 

PERJURY is punishable by two, three or four years in State prison. (Penal Code §118, 126)

 

 

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CHAPTER 18

WITNESS REVIEW

 

As discussed earlier in this class, there are three kinds of witnesses…each has a different purpose with different rules and requirements.  Below are the requirements and purpose for each of the three types of witnesses.

 

 

 

CREDIBLE IDENTIFYING WITNESS (CIW)

The purpose of a Credible Identifying Witness is to identify the principal signer.  The Credible Identifying Witness will swear or affirm that the principal signer is the person he (the signer) claims to be. 

ü       Use two Credible Identifying Witnesses if the notary does not know anyone participating in the act

ü       Use one Credible Identifying Witness if the notary personally knows the Witness.

1.      Administer an oath or affirmation

2.      Identify the witness through an ID card…even when the witness is personally known.

3.      Enter identifying information in the journal

4.      Witness(es) will sign the journal…does not sign the document

 

SUBSCRIBING WITNESS (SW)

The purpose of the Subscribing Witness is to appear in place of the Principal Signer and take an oath (or affirmation) attesting to the authenticity of the principal’s signature.

1.      The Subscribing Witness must be identified by a credible witness who is known by the notary.  The credible witness must have identification.

2.      Administer an oath or affirmation  (see Chapter 10  “Credible Identifying Witness Statement”)

3.      Subscribing witness will sign the document (as a witness)

4.      Enter witness information in the journal

5.      Sign the journal

 

SIGNATURE WITNESSES

The purpose of the Signature Witness is to witness the making of a “mark”.  Used with signers making a “mark” as a signature.  Must have two witnesses. The Signature Witnesses appear only to watch the principal signer make his/her mark.

1.      Sign the Document as a witnesses

2.      First of the two witnesses will sign the principal signers name next to the mark in the journal

 

APOSTILLE

Countries abiding by the Hague Convention often ask the signer to obtain authentication of the Notary’s seal and signature.  The authentication can be obtained from the California Secretary of State and it is attached to the signer’s document.  The signer will take or send their document to the Secretary of State’s office to obtain the apostille.

 

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CHAPTER 19

Notary Public Handbook

 

IN ORDER TO REINFORCE THE CONTENT OF THIS WORKBOOK WE STRONGLY SUGGEST THAT YOU READ THE 42 PAGE NOTARY PUBLIC HANDBOOK PUBLISHED BY THE NOTARY PUBLIC DIVISION OF THE SECRETARY OF STATE’S OFFICE.

 

IT IS ALSO SUGGESTED THAT YOU KEEP THIS HANDBOOK WITH YOUR NOTARY SUPPLIES.  IN THE EVENT YOU ARE ASKED TO NOTARIZE A DOCUMENT AND YOU ARE IN NEED OF CONFIRMATION OF A NOTARY LAW, THIS HANDBOOK WILL BE READILY AVAILABLE TO YOU.

 

IT IS THE NOTARY’S RESPONSIBILITY TO KEEP ABREAST OF NEW NOTARY LAWS.

 

THE NOTARY PUBLIC HANDBOOK IS PUBLISHED AT THE BEGINNING OF EACH YEAR.  LAWS CHANGE OR ARE ADDED EVERY YEAR.  IN ORDER TO KEEP ABREAST OF THESE CHANGES, WE SUGGEST YOU OBTAIN A COPY OF THE HANDBOOK EACH YEAR.

 

ü      PLEASE READ THE HANDBOOK

 

YOU CAN DOWNLOAD THE HANDBOOK HERE:

www.sos.ca.gov/business/notary/notary.htm

Print it out or read it on-line.

 

 

 

 

Contact information for the California Secretary of State:

Phone:       916-653-3595

Website:    www.sos.ca.gov/business/notary/notary.htm

 

 

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GLOSSARY

 

ACKNOWLEDGMENT Notarial act in which a Notary certifies having positively identified a document signer who personally appears before the Notary.   Used on executable documents.

AFFIANT:  Signer of an affidavit. Taker of an oath or affirmation. Person who is taking the oath.

AFFIDAVIT:  Written statement signed before a Notary by a person who swears or affirms the statement is true.

AFFIRMATION:    Spoken, solemn promise on one's personal honor. (With no reference to God.)

A  K  A:      Also  Known As:    Individuals known by more than one name.

APOSTILLE:      Certificate of authentication of Notary's seal and signature.  Certified and issued by the  CA Secretary of State and sent to countries abiding by the Hague Convention.

BOND:       Protects the public against a Notary's misconduct.  Required,  $15,000.

CERTIFICATE:  Wording completed, signed and sealed by a Notary that states the particulars of a

notarization and appears at the end of a signed document or on a paper attached to it.

CERTIFICATE OF AUTHENTICATION: Issued by the Secretary of State or a county clerk 

authenticating the Notary's seal and signature.

CERTIFIED COPY:    Photocopy or transcript verified as an accurate reproduction of an original document.

COPY CERTIFICATION BY A DOCUMENT CUSTODIAN:   The custodian of a document signs a

Statement and takes an oath declaring that the copy is from an original document in their possession.

CREDIBLE IDENTIFYING WITNESS:    One or two individuals who swears/affirms to the identity of a signer. 

DEPOSITION:    Oral statement made under oath.  DEPOSE:  to make a deposition, to testify under oath.

ERRORS & OMISSIONS INSURANCE: Protection for the Notary against a lawsuit.  Does not cover acts that are dishonest illegal, criminal or malicious.

IMMIGRATION CONSULTANT:    A non-attorney who advises and assists another in the legal process of Immigration to the U.S.    They may fill out INS forms and notarize the forms.

JURAT:    Notarial act in which a Notary certifies having identified the signer and watched the signing of a document and administered an oath/affirmation.   Purpose is to compel truthfulness.

LOOSE CERTIFICATE:    Certificate wording on a separate sheet of paper that is attached to a document.

OATH:     Spoken solemn promise to a supreme being.

PERSONAL APPEARANCE:  Signer appears face to face and in the same room with a Notary at the time of notarization.

PERSONAL KNOWLEDGE:       Association with the signer based upon a chain of circumstances.

POSITIVE IDENTIFICATION:     Knowing who a person is without reasonable doubt or suspicion.

PRINCIPAL SIGNER:    Person who is a signer of and party to a document.

PROTEST:  Archaic notarial act in which a Notary certifies that a constituent did not receive payment.

REPRESENTATIVE CAPACITY:    Status of principal signer, signing on behalf of a legal entity.

SATISFACTORY EVIDENCE: Reliable state-approved identification documents or the sworn/affirmed word of one or two credible identifying witnesses that an individual has the identity claimed.

SIGNATURE BY MARK:   An "X" or other symbol made in place of a signature. (Need two witnesses).

SUBSCRIBING WITNESS:     A person who appears before a Notary in place of the principal signer.

VENUE:      State and county where a notarization is performed.

VITAL RECORD:         Birth certificate, death certificate, marriage license or other public record.

 

 

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MULTIPLE CHOICE PRACTICE TEST

 

1.  Five months ago Mary moved from Mexico to California.  In order for Mary to apply for a California Notary Commission,  Mary must:

a.       Be a legal resident of California.

b.       Be able to read, write and understand English.

c.        Appear in person at her county of record to take her oath of office.

d.        a, b & c are correct

 

2.  Jason will be renewing his commission in June of this year.  The law now requires that Jason:

a.       Take a 3 hour notary refresher class.

b.       File his bond within 30 days of his expiration date.

c.        Submit his fingerprints for a background check.

d.       Take a 3 hour class and submit his fingerprints

 

3.  A new notary may take the oath of office before:

a.       Any notary in the State of California

b.       The county clerk in Sacramento County within 30 days of receiving the commission.

c.        Any notary in new notary’s county of record or before a county clerk in the notary’s county of record.

 

4.  Donald will be leaving his employer, the City of Grapeville next week.  Grapeville paid for his notary commission.  Donald must:

a.       Resign his notary commission and turn in his Journal to the county and destroy his seal.

b.       Resign his notary commission and leave his Journal with the City of Grapeville.  Destroy the seal.

c.        Renew his commission.

d.       Donald does not have to do anything with his commission.

 

5.  If the notary’s commission is renewed three months after the old commission expires the notary must:

a.       Deliver the old journals to the county clerk and submit his fingerprints.

b.       Deliver the notary seal to the county clerk.

c.        Notify the Secretary of State and include the old commission number.

 

6.  When changing a business address to a new county the notary must:

a.       File a new bond with the old county.

b.       Obtain a new seal

c.        Notify the Secretary of State within 30 days of the

       address change.

d.       Destroy the old seal.

 

7.  Upon the death of a notary the personal representative must:

a.       Promptly notify the Secretary of State and deliver all records to the clerk of the county where the oath is on file.

b.       Deliver all notarial records and papers to the county clerk immediately.

c.        Deliver the seal to the Secretary of State’s office.

d.       Deliver all records to the Secretary of State within 30 days of the death of the notary.

 

8.  In a Proof of Execution by a Subscribing Witness , what guarantee does the law technically not require the notary to make?

a.       The notary identified the principal signer

b.       The subscribing Witness signed the document.

c.        The Subscribing witness was personally known by the notary.

d.       The Subscribing Witness signed the Journal.

e.     Both a and c

 

9.  The main purpose of a Subscribing Witness is to:

a.       Prove that a person signed a document.

b.       Appear before the notary in place of the signer.

c.        Identify the signer.

d.       Sign the document.

 

10.  Your cousin from Boston presents you with a deed of Trust on property purchased in Florida.  Certificate language is not provided. 

      What Certificate language should you use to notarize the document?

a.       California Acknowledgment.

b.       Standard Jurat Certificate

c.        Massachusetts Acknowledgment Certificate.

d.       None of the above.

 

11.  A Copy Certification of any document may be performed by a notary providing:

a.       A Journal entry is made.

b.       The principal signer appears before the notary.

c.        The notary has received a written request from an attorney.

d.       None of the above.

 

12.  Trisha is a Credible Witness for Cassandra who is the Subscribing Witness for John.  Trisha’s purpose is to:

a.       Witness John’s signature.

b.       Witness Cassandra’s signature.

c.        Swear that she saw John sign the document.

d.       Identify Cassandra.

 

13.  Failure to administer the oath or affirmation when notarizing an affidavit:

a.       Is acceptable.

b.       Is a felony.

c.        Is punishable by a civil penalty not to exceed $750.

d.       Requires an Acknowledgment.

 

14.  The Notary may notarize out of state documents only:

a.       If the signer is a California resident.

b.       If the document has California Certificate language.

c.        If directed to do so by a Title Company or Attorney.

d.       If the Certificate language does not ask the notary to violate California Notary Law.

 

15.  Janet presents a vital record to Mark to be certified.  What document was presented to Mark?

a.       Birth Certificate.

b.       Power of Attorney.

c.        Deed of Trust.

d.       None of the above.

 

16.  The venue in a notarial certificate is the:

a.       State and county where the notary’s oath and bond are filed.

b.       State and county where the document was drafted.

c.        State and county where the notarization took place.

d.       State and county where the document will be filed.

17.  The notary may notarize a copy of a drivers license:

a.       The notary may not notarize a driver’s license because it does not have an original signature or certificate language.

b.       Only when directed to do so by an Attorney and the license is from the California DMV.

c.        Only if the owner of the driver’s license appears before the notary.

d.       The notary may not notarize a driver’s license because it does not have an original signature.

 

18.  Who is doing the acknowledging when the notary performs an acknowledgment notarization?

a.       The notary.

b.       The signer.

c.        The issuing agency.

d.       The receiving agency.

 

19.  A good friend from Nevada asks that you notarize a document for her mother, whom you have known for many years. 

     The mother does not have a valid ID, speaks little English and you cannot totally communicate with her.  You should:

a.       Notarize the document without taking an ID.

b.       Refuse to notarize the document.

c.        Have your friend translate for you.

d.       Use your friend as a Credible Witness.

 

20.  Your boss presents you with only the signature page of a five page document, what do you do?

a.       Refuse to notarize the document.

b.       Ask for the entire document and refuse to notarize it if the boss refuses to show you all of the pages.

c.        Notarize the document because he paid for your commission.

d.       Report the employer to the Notary Patrol!

 

21.  The principal signer does not have to sign in the presence of a notary for a:

a.       Jurat

b.       Acknowledgment

c.        Proof of Execution by a Subscribing Witness

d.       Both b. and c.

22.  When you are notarizing for an ill or elderly person and his/her attorney is present, you may:

a.       Allow the attorney to determine willingness and awareness.

b.       Execute the document and assume the attorney knows what he is doing.

c.        Question the signer alone without the attorney being present.

d.       Allow the attorney to sign the signers name, since the signer is present.

 

23.  A signer asks you to prepare a Power of Attorney for his signature.  You may:

a.       Purchase a blank Power of Attorney at Office Depot and provide the blank for the signer to fill out and sign.

b.       You may download a blank Power of Attorney from the internet and give it to the signer to fill out.

c.        Prepare a Power of Attorney for the signer as long as the signer puts his request in writing.

d.       Refuse to provide the document for the signer.

 

24.  Your good friend is refinancing his home.  The loan documents should have been signed three days ago but your friend was out of

        town.  He asks you to back-date the documents.  What is the penalty for not stating the proper date on the notary certificate?

a.       Suspension and a $750.00 fine and the act is a criminal offense.

b.       Revocation.

c.        Revocation and a $1500 fine

d.       Revocation, $1500.00 fine and the act is a criminal offense.

 

25.  It is 11 PM and your neighbor knocks on your door and asks you to notarize a document. She will be catching an early morning  fight to Hawaii.

       She asks that you date it tomorrow because; after all, it will be tomorrow in less than an hour. You can:

a.       Notarize the document and date it tomorrow.

b.       Notarize the document and date it with  tonight’s date.

c.        Refuse to notarize the document and go back to sleep.

d.       b or c.

 

26.  The chain of personal knowledge with one credible identifying witness means:

a.       The credible identifying witness knows the notary, who knows the signer.

b.       The notary knows the signer who knows the credible identifying witness.

c.        The notary knows the credible identifying witness, who knows the signer.

d.       The signer knows the notary, who knows the credible identifying witness.

 

27.  The notary may accept an alien ID card (green card) for identification when:

a.       A temporary driver’s license is also presented.

b.       Notarizing real estate transactions.

c.        When notarizing Immigration and Naturalizations forms.

d.       Never use an alien ID card.

 

28.  Mary is presented with a Military ID card that has a serial number, photograph and physical description.  Mary should:

a.       Notarize the document using the Military ID card as proper ID.

b.       Ask for a secondary form of ID.

c.        Not use the military ID.

d.       None of the above.

 

29.  You are performing a notarization for an elderly man.  He presents you with a driver’s license that was issued in December of 2007   

       and expired a few months ago. He explains that he must renew every two years because of problems with his eyesight.  You should:

a.       Accept the driver’s license and perform the notarization.

b.       Reject the Identification and refuse the notarization.

c.        Note the Driver’s license number and expiration date in your journal and perform the notarization after also examining a secondary form of ID.

d.       None of the above.

 

30.   When notarizing a signature by mark the law requires:

a.       Two witnesses who will sign the document.

b.       Only one witness to sign the Journal.

c.        Two witnesses that will be properly identified.

d.       None of the above.

 

31.  Michael arrives at the notary’s office with his father. 

       Michael shows the notary his identification which reads Michael Thomas.  By what name can the notary notarize the document?

a.       M. Thomas

b.       Mikey Thomas

c.        Michael J. Thomas

d.       Michael Thomas II

 

32.    The notary is asked to notarize Susan Smith’s signature who

       is signing mortgage documents for Harry, her absent husband. 

        How should the notary have Susan sign the documents and the

       Journal?

a.       Harry Smith, with his power of attorney.

b.       Susan Smith for Harry Smith, his attorney in fact.

c.        Harry Smith by Susan Smith, his attorney in fact.

d.       Susan Smith, Harry Smith’s wife.

 

33.   When a corporate officer signs a document:

a.       The officer will affix their seal of office over their signature.

b.       The officer will show the notary the company’s Articles of Incorporation.

c.        It is as though the company signed the document and the entity will be held to the terms of the document.

 

34.  Which of the following entries does the law NOT require the notary to record in the Journal?

a.       Type of notarization.

b.       Address of the Signer.

c.        Time of the notarization.

d.       Notary fee.

 

35.  A right thumbprint is not required in the Notary Journal  for a

a.        Foreclosure, Trustee’s Deed, Deed of Reconveyance

b.        Grant Deed, Deed of Trust, Foreclosure

c.        Warranty Deed, Deed of Reconveyance, Deed of Trust.

d.       Foreclosure, Deed of Trust, Deed of Reconveyance.

 

36.  The notary receives a request from the Secretary of State asking copies of the Notary Journal.  How many days does the Notary have to respond?

a.       10 days

b.       When requested

c.        Immediately

d.       None of the above

 

37.  Sally loses her Journal.  She notifies the Secretary of State immediately by certified mail and begins a new journal. 

       Several days later Sally finds the Journal in the trunk of her car.  Sally may now:

a.       Continue entering items in the journal that was misplaced.

b.       Bring one of the Journals to work to use as a spare.

c.        Sally must destroy the old Journal.

d.       Sally must retire the lost Journal and continue using the new Journal.

 

38.   How long does a notary have to report a Journal surrendered to a peace officer?

a.        15 days.

b.        30 days.

c.        Notify the Secretary immediately by certified mail.

d.        None of the above. 

 

 39.  A written request for a photocopy of a Journal entry:

a.       Must be ignored unless it is requested by the Secretary of State.

b.       The Notary must always comply with the request.

c.        The notary must comply upon receipt.

d.       Must contain the type of document, month and year of the notarization and the name of the signer.

 

40.   What do you do with your seal upon resignation?

a.       Return it to the Secretary of State.

b.       Return it along with the Journal to the county clerk.

c.        Destroy the seal.

d.       None of the above.

 

41.  When the notary receives a Certificate of Authorization he/she must:

a.       Turn in all old Journals to the Secretary of State.

b.       Seek approval from the Secretary of State.

c.        Be fingerprinted.

d.       Give the Certificate to an authorized seal manufacturer.

 

42.   An Apostille is:

a.       Issued by the County Clerk.

b.       Sent to another state.

c.        Authentication of the Notary’s signature by the Secretary of State.

d.       Is not certified.

 

43.  The notary seal can be no smaller than:

a.       1” X 2” square.

b.       2” in diameter if it is a circular seal.

c.        1” X 2 ½” rectangular.

d.       None of the above.

 

44.  Mary has lost her notary seal.  She has notified the Secretary of State by fax and now must wait __  for her Certificate of  Authorization.

a.       30 days.

b.       15 days.

c.        5 days.

d.       None of the above.

 

45.  What notary elements are required on Subdivision Maps?

a.       Notary’s name and expiration date.

b.       County of the signer and the Notary’s name.

c.        Notary’s commission expiration date, county of record and notary’s name.

 

46.  The prescribed fee for an Acknowledgment or a Jurat is:

a.       $ 10.00 per signature

b.       $ 10.00 per document.

c.        $ 10.00 per certificate

d.       $ 10.00 per signer.

 

47.  To notarize a set of immigration forms relating to the change of a person’s immigration status,

        the notary may charge $_____ to fill out the forms and______ for the notarization.

a.       $10.00 to fill out the forms plus $10.00 to notarize the document.

b.       $10.00 to fill out the forms plus the standard notarial fee.

c.        $10.00 for fill out the forms plus $5.00 for the Oath.

d.       Both a and b.

 

48.   Bill and Kathy, who are brother and sister, have a Grant Deed that needs to be notarized.  Bill and Kathy will be signing the same single document.  The notary may charge:

a.       $10.00 per signature

b.       $20.00 per document.

c.        $20.00 per certificate

d.       $20.00 per signer.

 

49.   Mary travels 20 miles to notarize one document with the signatures of four different people.  Mary may charge:

a.       $40.00 for the notarizations plus $40.00 for travel.

b.       Only $10.00 because it is only one document.  Mary may also charge for travel.

c.        $10.00 for each signature even if the signatures appear

        only on one document.

d.       $80.00 for the notarizations including travel charges.  

                              

50.  Mary does notary work for Get-em-Signed. Her employer paid for her commission.  What happens to the notary fees that are charged?

a.       Get-em-Signed must deposit those fees into a fund from which the notary is paid.

b.       Mary may keep the fees and claim them as income on her tax return.

c.        Because Mary and her employer have only a verbal agreement, Mary may keep the fees.

d.       Both a. and c.

 

51.  Mary notarized a Proof of Execution by a Subscribing Witness.  Mary identified the SW with a Credible Witness who was known to both

        Mary and the Subscribing Witness.  Mary administered two oaths, one to the Subscribing Witness and one to the credible witness. 

        How much may Mary charge for the notarization?

a.       $10.00 for the Proof of Execution by a Subscribing Witness

b.       $10.00 for each witness for a total of $20.00.

c.        $10.00 for the Subscribing Witness and $5.00 to administer the oath to the Credible Witness for a total of $15.00

d.       None of the above.

 

52.   In a deposition the notary may charge  $______ for administering the oath or affirmation.

a.       $5.00                      c.  $20.00

b.       $10.00                   d.  $0.30

53.  Under which of the following titles may a notary notarize a document?

a.        As an Attorney in Fact.

b.        The Grantor in a Grant Deed.

c.        The Mortgagor in a Deed of Trust.

d.        An employee.

 

54.  Your Brother-in-Law presents you with a document from Ohio.  The document names your husband as beneficiary.  You should:

a.       Not notarize the document.

b.       Notarize the document because your Brother-in-Law is only related through marriage.

c.        Not notarize the document because it has Ohio notary language.

 

55.   Under which of the following titles may a notary not notarize a document?

a.       Personal documents executed by the notary.

b.       Transactions where the notary is named as Grantor.

c.        A transaction when the notary is the beneficiary.

d.       All of the above.

e.       None of the above.

 

56.   Mary is a paralegal for Johnson & Johnson Attorneys At Law.  Mary types a document under the direction of her employer.   The document now needs to be notarized. 

a.       Mary cannot notarize the document because she typed the document.

b.       Mary can refuse to notarize the document without giving a reason.

c.        Mary cannot notarize the document because she is not an attorney.

d.       Mary can notarize the document.

 

57.   For the first offense in violation of advertising as both a notary and immigration expert the penalty is:

a.       Permanent revocation and a $750.00 fine.

b.       Suspension for a period of not less than one year or revocation.

c.        Permanent revocation.

d.       $1500.00 civil fine.

 

58.   A notary who advertises in a foreign language must state in both english  and the foreign language:

a.       “I am not an attorney, I am an immigration consultant”, and post the fees a notary may charge.

b.       “As a notary, I can not give legal advice. I am not an attorney”,  and post the fees a notary can charge.

c.        The notary may not advertise in a foreign language.

d.       “I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters”, and the notary must post the statutory fees a notary can charge.

 

59.  If acting in the capacity of an immigration consultant the following information  must be posted:

a.       Name, bonding information and fees, services provided and names of other employees at that location along with “non-attorney” statement.

b.       “I am not an attorney” in both English and the foreign language and fees.

c.        Name, address, bonding information and a statement that the consultant is not an attorney.

 

60.   A notary may advertise as both, an immigration consultant and notary:

a.       Never.

b.       Only after obtaining the required immigration bond.

c.        Only after posting the required notice; “I am not an attorney and therefore cannot give legal advice…”.

d.       Only after posting a special notice in both english and the foreign language.

 

61.  The Secretary of State may impose ______for notary misconduct.

a.       Imprisonment.

b.       Suspension or revocation of a notary commission

c.        Reimbursement to an injured party.

d.       None of the above.

 

62.  The notary bond:

a.       Insures the notary will always do the right thing.

b.       Protects the notary from fraud.

c.        Protects the public against notary misconduct.

d.       Provides monetary compensation to the notary.

 

63.  It is a criminal offense to:

a.       Failure to maintain a notary journal

b.       Misplace a journal

c.        To overcharge a signer

d.       Forget to sign a notarial certificate

 

64.  Perjury on the part of an affiant  is punishable by:

a.       Five years in state prison.

b.       A civil fine of $1500.00.

c.        Two, three or four years in state prison.

d.       None of the above.

 

65.  Failure to turn in notary records to the county clerk is:

a.       A misdemeanor offense and a $750 fine.

b.       A felony offense and may result in suspension or revocation

c.        May result in suspension or revocation.

d.       Is a misdemeanor offense and may result in suspension or revocation.

 

66.  Charging more than the maximum notary fees allowed by law could result in:

a.       A fine of $750.00 and revocation of the notary commission.

b.       Suspension or revocation and a $750. fine.

c.        No penalty for the first offense.

d.       None of the above.

 

67.  In a civil suit against a notary the notary may be liable for:

a.       Reimbursement to the victim and fines.

b.       Denial, suspension or revocation of a notary commission.

c.        Fines

d.       Imprisonment

 

68.   A notary commission can be denied:

a.       For not complying with child support orders.

b.       For not charging for notary services.

c.        For bouncing a check for commission fees.

d.       Both a. and c.

 

answers

1 d.     2. c  .     3. c      4. a       5. a     6. c       7. a     .8. e    9. b    

10.d    11.d    12.d    13.c    14.d     15.a  16.c  17.a    18. b   19..b   

20.b     21.d      22.c     23.d     24.d     25.d     26.c     27.c     28.c    29.a    

30.a     31.a     32.c    33.c    34. b    35.a   36.b   37.d      38.d      39.d    

40.c     41.d.   42.c    43 .d     44.c.   45.c    46.a    47.b.   48.a    49.c     

50.a    51.a     52.a   53.d     54.a      55.d     56.d     57.b&d    58.d.    59.a    

60.a    61.b    62.c     63.a     64.c     65.d    66.b    67.a     68.d

 

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TRUE - FALSE PRACTICE TEST

 

 

1.             T.   F.       Notaries may notarize anywhere within the State of California.

 

2.             T.   F.       The term for a California Notary is five years.

 

3.             The required bond a Notary must post is $______.

 

4.             After resignation or expiration of a commission all Notary records must be given to______________

                within ____days.

 

5.             T.   F.       When a Notary resigns from office or fails to renew a Commission the Journal can be kept until the Commission would have expired.

 

6.             After receiving a Commission the Notary has ______days to file the bond and take the oath of office before the County Clerk.

 

7.             T.   F.       The Notary must reimburse the surety company for bond funds paid out to a person financially harmed by the Notary's actions.

 

8.             T.   F.       A California Notary is authorized to certify copies of birth certificates.

 

9.             T.   F.       In California it is acceptable to affix a notary seal to a document without notarial wording.

 

10.          T.   F.       The main purpose of an Acknowledgment is to compel truthfulness.

 

11.          T.   F.       The main purpose of a Jurat is to positively identify the signer.

 

12.          T.   F.       Two credible identifying witnesses are needed when using a subscribing witness.

 

13.          T.   F.       Positive identification of a subscribing witness can only be secured through personal knowledge by the Notary

                                or by the oath of one credible witness personally known by the Notary

 

14.          T.   F.       A Proof of Execution by a Subscribing Witness  may be used in deeds transferring real estate.

 

15.          T.    F.       A Notary may recommend the type of notarization to be performed on a document if the document is for an employer.

 

16.          T.   F.      The maximum fee to notarize a signature on an absentee ballot is $10.00.

 

17.          T.   F.       The maximum fee to perform a deposition is $20.00.

 

18.          T.   F.      A non-attorney Notary may not charge more than $10.00 to complete a set of immigration forms.

 

19.          T.  F.        The Notary may charge $10.00 to notarize discharge papers for a Veteran.

 

20.          T.   F.       An Acknowledgment does not guarantee that the signer signed before the Notary.

 

21.          T.   F.       A Jurat guarantees that a constituent signed before the Notary.

 

22.          T.   F.       A signer may be identified by using a Resident Alien ID card when notarizing a deed.

 

23.          T.   F.       Satisfactory evidence of identity can be established by a birth certificate. 

 

24.          T.   F.       Satisfactory evidence means reliance upon personal knowledge without using ID cards.

 

25.          T.   F.       A Notary may use the husband of a principal signer, as a form of ID, if the Notary personally knows the husband.

 

26.          T.   F.       A document that is incomplete may be notarized if the Notary personally knows the signer.

 

27.          T.   F.       A Notary may not notarize a document for a signer that does not speak the same language as the Notary.

 

28.          T.   F.       A Notary may not notarize for a signer if he/she is diagnosed with Alzheimer's.

 

29.          T.   F.       If a signer cannot write their signature, the Notary may make an "X" for the person.

 

30.          T.   F.      A copy of a document with a photo-copied signature may be notarized.

 

31.          T.    F.       A signer may add "Jr." or "Sr." to a signature even if it is not shown on the ID card.

 

32.          T.   F.       The Notary Journal must include the type of identification used and the expiration date of the ID.

 

33.          T.   F.       The credible witness need not sign the Journal if he/she is personally known to the Notary.

 

34.          T.   F.       The Journal must be surrendered to the employer upon resignation of the notary/employee.

 

35.          T.   F.       Besides the ID number and expiration date shown on the ID card the Notary must also note the date of birth in the journal.

 

36.          The five elements needed on out of state ID cards are:      _____________      _______________   _______________     ____________  ____________      

 

37.          T.   F.       In the Journal, it is acceptable to group several documents together.

 

38.          T.   F.      Every notarial act must be noted in the Journal except sub-division maps.

 

39.          T.   F.       In an Acknowledgment the Notary does not certify the official capacity of an individual.

 

40.          T.   F.       In an Acknowledgment and Jurat the Notary certifies that the signer was positively identified.

 

41.          T.    F.       A Notary may pre-sign Acknowledgments only if a Notary is going out of town and it is an emergency.

 

42.          The words "subscribe and sworn" indicate what type of certificate?    _________________

 

43.          T.   F.       The subscribing witness certifies as to the identity of the signer and takes an oath.

 

44.          T.   F.       The person who makes a sworn statement before a Notary is called an Affiant.

 

45.          T.   F.       When the venue has been filled in beforehand with an incorrect state and county the Notary must reject the Certificate or change the

                                 venue.                              

46.          T.   F.       Never use white-out to make corrections to Certificates.

 

47.          T.   F.       When a document contains a birth date or age and a thumb or fingerprint or photograph, the Notary must require the

                                person to verify his birth-date or age.  

 

48.          T.   F.       There are no exceptions to the rule that a California Notary must use the seal for all official acts.

 

49.          T.   F.       The notary seal must contain the manufacturers ID number.

 

50.          T.   F.       If there is no room for a notary seal on the document it may be affixed on a completed loose certificate.

 

51.          T.   F.        A notary seal that is not legible may be corrected by re-affixing the seal over the smudged impression.

 

52.          T.   F.      The document necessary to obtain a Notary Seal is called a "Certificate of Authorization".

 

53.          T.   F.       The document that authenticates the Notary's signature is called an "ApostIille" or "Certificate of Authorization".

 

54.          T.   F.       A Notary must perform proper notarizations for their employer if the employee and employer have an agreement.

 

55.          T.   F.       A Notary bond will not protect the Notary from honest mistakes.

 

56.          T.   F.       A non-attorney Notary who advertises in a foreign language must post a prescribed notice.

 

57.          T.   F.       A Notary who advertises as an immigration specialist may also advertise that he/she is a Notary in newspaper ads.

 

58.          Revocation or suspension of a Notary Commission falls under ______________category of penalty.

 

59.          T.   F.       It is a misdemeanor to coerce or influence a Notary to perform an improper Notarial Act.

 

60.          T.   F.       Regardless of the Notary's intentions, a Notary is liable for all damages sustained because of official misconduct.

 

61.          T.   F.       Failure to complete an Acknowledgment certificate at the time the Notary signature / seal are affixed to a document is

                                punishable by a $750 fine.

 

62.          T.   F.       Knowingly completing a false certificate is a criminal violation.

 

63.          When a signer signs with a mark, _______ "signature witnesses” will also sign the document.   The witnesses will / will not sign the Journal.

 

64.          T.   F.      The Maximum administrative fine assessed by the Secretary of State is $750.00.

 

65.          T.   F.      A Notary may complete an Acknowledgment form from another state if the form requires the

                               notary to certify the signer’s “representative capacity”.

 

66.          T.   F.      California Acknowledgment or Jurat language must be used on all documents notarized in California except

                               a document that will be filed in another state.

 

67.          T.   F.      A document may be notarized by the Notary if the Notary is named individually as the vendor.

 

68.          T.   F.      It is OK  to notarize for a family member.

 

69.          T.    F.    A fine of $750 may be imposed for overcharging.

 

70.          T.    F.     Civil penalties for misconduct may include imprisonment.

 

71.          T.    F.     A Notary may certify an original Power of Attorney.

 

72.          T.    F.     The Notary does not have to see all pages of a document in order to notarize the document.

 

73.          T.    F.     It is unlawful to perform notarial services without charging a fee.

 

74.          T.    F.     A Notary may add Jurat language to an affidavit if the pre-printed certificate is Acknowledgment language.

 

75.          T.    F.     When resigning the notary must submit a letter of resignation to the S of S and include the county where the oath of office and bond are fi

 

True/False Answers

1.  T        2. F       3 15,000     4. county clerk  30 days     5. F       6.. 30       7. T        8.F        9.F     

10. F     11. F     12. F      13. T     14. F      15. F   16. F      17.T       18. T     19. F       

20. T      21. T      22. F      23. F      24. F       25. F       26. F       27. T       28. F      29. F       

30. F      31. F   32. T      33. F      34. F 35. F     36. physical description.  photo, signature, current or issued within 5 years & ID #      37. F       38. F        39. T      

40. T       41. F      42. Jurat    43.T  44. T      45.T      46. T       47.T    48 F     49.T     

50.T    51.F      52. T       53. F      54. T      55. T      56. T      57. F     58. Administrative  59. T      

60. T    61. T  62. T     63. 2/ will not      64. F       65. F      66. T      67. F       68. T        69. T      

70. F       71. T     72. F     73. F     74. T      75. F

 

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