California Notary Exam 2024: Practice Questions and Answers, Exams of Nursing

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CALIFORNIA NOTARY EXAM 2024

NEWEST EXAM 2 VERSIONS AND

PRACTICE EXAM QUESTIONS

NEWEST ACTUAL EXAM COMPLETE

QUESTIONS AND CORRECT

DETAILED ANSWERS (VERIFIED

ANSWERS) |ALREADY GRADED A+

VERSION A

If you as a notary personally know the signer, is this sufficient or "satisfactory evidence" to establish the identity of the signer? - ....ANSWER...No, this is not satisfactory evidence.

If an ID document is not current but issued less than 5 years ago, is the document valid to use? - ....ANSWER...Yes, a requirement of ID documents is that they must be current or issued within the previous 5 years.

Is it true that U.S. passports aren't required to have a description of the person to be an acceptable ID? -

....ANSWER...True. A passport issued by the U.S. doesn't have to have the description of the person to be considered an acceptable ID.

Is an inmate ID a valid form of ID in or out of custody? - ....ANSWER...False. For an inmate ID card to be valid, the inmate has to be in the custody of the issuing state or local sheriff's department detention facility.

Can you list 4 items that must be present on ID's to be listed as a reasonable evidence? - ....ANSWER...IDs must have: 1) Serial number or other identifying number 2) a photograph 3) description of the person 4) signature of the person

Once a notary, do you have the power to perform a marriage? - ....ANSWER...No, except for those authorized by California Law.

Does a notary have the ability to charge any fee they wish? - ....ANSWER...No. The maximum fees allowed are listed in the notary handbook.

Is it required to write "$0 or NO FEE" to indicate that no fee was charged for a notary service? - ....ANSWER...Yes, a notary must write in his journal "$0 or No Fee" to indicate that no fee was charged, they must not leave the fee blank.

What is the Maximum Allowable fee for the signing of an Acknowledgement? - ....ANSWER...$15 for each signature acknowledged.

What is the Maximum Allowable fee for administering an oath or affirmation to one person?

• ....ANSWER...$15 per individual taking the oath or affirmation & certificate.

What is the Maximum Allowable fee for taking a deposition, administering the oath of office certificate of deposition? - ....ANSWER...For all services rendered in connection with the taking of any deposition, the sum of thirty dollars ($30), and in addition thereto, the sum of seven dollars ($7) for administering the oath to the witness and the sum of seven dollars ($7) for the certificate to the deposition.

How long does a notary public have to file his oath of office and $15,000 surety bond? - ....ANSWER...This must be done within 30 days of the start date in the notary commission.

In what county must the notary file their bond and oath? - ....ANSWER...Both the oath and bond must be filed with the county clerk where the principal place of business of the notary is located.

What is an acceptable exception for not having the oath and bond filed within 30-days? - ....ANSWER...None. Exceptions are not made to the 30-day filing requirement due to mail service delays, county clerk mail processing delays, or for any other reason. (CGC 8213)

Once a notary changes their business address or residence address, how long do they have to notify the Secretary of State's office? - ....ANSWER...They must notify the Secretary of State by Certified mail within 30-days.

Can a notary be guilty of an infraction if they don't notify the Secretary of State of his address changes

within 30-days? - ....ANSWER...Yes, and the infraction can be punished by a fine not exceeding $500 (CGC 8213.5)

Can a commercial mailbox or Post Office Box (PO Box) be listed as 1) residence address or 2) the principal place of business. - ....ANSWER...No

What addresses need to be updated if there are changes (business or personal)? - ....ANSWER...Both. Any change of address must be reported to the Secretary of State's office.

When completing a Jurat using credible witnesses to establish the signer's identity how many credible witnesses do you need? - ....ANSWER...You will need one credible witness if the notary personally knows the witness OR two credible witnesses if they don't personally know the witness in order to establish the signer's identity. ( 1185 (b)(3) and (b)(4) )

What is a good example of a Jurat Oath? - ....ANSWER..."Do you solemnly swear or affirm that the contents of this document are the truth, the whole truth, and nothing but the truth, so help you,

God?" (California Code of Civil Procedure 2094 (2); California Evidence Code 165)

Is a notary able to certify copies of a birth certificate? - ....ANSWER...No, a notary is not able to certify copies of any vital records such as Birth Certificates, Marriage License, or Death Certificate. Copies of these documents may lawfully be certified only by officials in the relevant public records office. (CGC 8230)

What is the purpose of a Subscribing Witness? - ....ANSWER...If a person, called the principal, has signed a document but does not personally appear before a notary public, another person can appear on the principal's behalf to prove the principal signed (or "executed") the document. That person is called a subscribing witness. (Code of Civil Procedure section 1935)

Are their limitations to when a "Subscribing Witness" CAN NOT be used? - ....ANSWER...Yes, A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee's deed resulting from a decree of foreclosure, or a

nonjudicial foreclosure pursuant to Civil Code section 2924, or to a deed of reconveyance), mortgage, deed of trust, security agreement, any instrument affecting real property, or any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public's journal.

When advertising in Spanish, can a person use the literal translation, notario publico? - ....ANSWER...No. You cannot use the literal translation of Notary Public when advertising any language. (CGC 8219.5)

Do I need to state any disclaimers when advertising in a foreign language? - ....ANSWER...Yes, every notary public who is not an attorney who advertises the services of a notary

public in a language other than English by signs or other means of written communication, with

the exception of a single desk plaque, shall post with that advertisement a notice in English and

in another language which sets forth the following: (CGC 8219.5)

i. This statement: I am not an attorney and, therefore, CANNOT give legal advice about

immigration or any other legal matters.

ii. The fees set by statute which a notary public may charge.

When making a Journal entry, what would be the proper entry for the type of document? - ....ANSWER...The "type of document" should be listed as the title of the document which is most often found at the top of the page.

When filling in the "Venue Statement," you are listing what? - ....ANSWER...You are listing the State and County in which the person appeared before the notary public, and the notarial act took place.

When filling in the day, month and year in the journal entry, what date should be used? - ....ANSWER...The date must be the one by which the person personally appeared in front of the notary.

When can a person use a Signature by Mark? - ....ANSWER...When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code section 14.)

Are witnesses required when a Signature by Mark is used? - ....ANSWER...Yes, The signer's mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. One witness should write the person's name next to the person's mark and then the witness should sign his or her name as a witness. The witnesses are only verifying that they witnessed the individual make his or her mark on the document.

Is a notary able to certify copies of powers of attorney? - ....ANSWER...Yes

If a notary is convicted of a felony, are you required to surrender the notary seal to the court? - ....ANSWER...Yes, upon conviction of any felony or any crime relating to misconduct on the part of a notary, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public. (CGC 8214.8)

If a person knowingly destroys a notary journal is that a crime? - ....ANSWER...If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary public,

such person shall be guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment. (CGC 8221)

If a person attempts to convince a notary to make an improper notarial act, can they be found guilty of a crime? - ....ANSWER...Yes, Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor. (CGC 8225)

Is a notary able to notarize a signature on an immigration document? - ....ANSWER...Yes, however, they may not help advise or fill out any information unless they are certified by the state to do so.

Can a California registered immigration consultation or an attorney help a person fill out immigration forms? - ....ANSWER...Yes

Can an immigration consultation also advertise as a notary? - ....ANSWER...NO. A notary public legally is

barred from advertising in any manner whatsoever that he or she is a notary public if the notary public promotes himself or herself as an immigration specialist or consultant. (Government Code section

Do the two credible witnesses need to swear (or affirm) that they personally know the signer? - ....ANSWER...Yes, (California Civil Code 1185).

Do the two credible witnesses need to swear (or affirm) that the signer doesn't have an ID to establish their own identity? - ....ANSWER...Yes, (California Civil Code 1185).

Can any of the credible witnesses be listed in or have a financial interest in the document being signed? - ....ANSWER...No, a credible witness must not have any financial interest or be listed in the document. (California Civil Code 1185)

For the privacy of a signer, can a notary skip around in their notary journal? - ....ANSWER...No. All notarial acts must be recorded in sequential order.

What is the infraction if a notary does not willfully maintain their notary public journal? - ....ANSWER...A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public's journal. (Government Code section 8228.1)

If a notary has an outstanding court order or judgment, can they be refused to be a notary? - ....ANSWER...Yes (CGC 8214.1)

Is there a reason for the refusal to re-appoint as a notary due to using the phrase Spanish, notario publico? - ....ANSWER...Yes (CGC 8214.1)

Is the date and time required to be recorded in the notary journal? - ....ANSWER...Yes. Date, time and type of each official act (e.g., acknowledgment, jurat) is required to be recorded in the notary journal. (CGC

Can a notary journal be seized by a peace officer that is investigating a crime and has reason to believe there is evidence in the journal? - ....ANSWER...Yes, the notary public shall not surrender the journal to any other person, EXCEPT

the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense.

If a sequential journal is seized for legal reasons by a peace officer and a new journal has been obtained, can the notary add additional entries when the journal is returned? - ....ANSWER...No. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make NO new entries in the returned journal (Section 8206).

Is it required to record the signature of each person whose signature is being notarized? - ....ANSWER...Yes, (Section 8206).

When recording the type of ID used, what must be included? - ....ANSWER...1) the governmental agency issuing the document, 2) the serial or identifying number of the document, and 3) the date of issue or expiration of the document.

What items need to be recorded when using two credible witnesses as a satisfactory evidence? - ....ANSWER...The signatures and a form of ID's used by the credible witnesses (CGC 8206).

If the notary doesn't charge a fee for a notary act, can they leave the fee box blank? - ....ANSWER...No, they must write "0" or "no fee" as the fee (CGC 8206)

What types of documents require a right thumbprint entry in the journal? - ....ANSWER...If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.

What should you do if the right thumbprint is not available? - ....ANSWER...If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger, and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.

What is an Acknowledgement used for? - ....ANSWER...In the certificate of acknowledgement, the notary public certifies: 1. That the signer personally appeared before the notary public on the date indicated in the county indicated; 2. To the identity of the signer; 3. That the signer acknowledged executing the document.

Are there any times the right thumbprint is not required when dealing with real property? - ....ANSWER...Yes, it shall not apply to a trustee's deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.

What does a Certificate of acknowledgement verify?

• ....ANSWER...Only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (CA civil code 1189)

Can the Notary Seal and Signature be attached to any document? - ....ANSWER...It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.

What is a "Venu Statement"? - ....ANSWER...It states the county and state by which the notarization act took place. For example, Sacramento County, California.

Are the their different fee structures for a notary who is appointed to a military reservation? - ....ANSWER...They are not allowed to charge a fee.

Can I notarize a document using a LIVE video feed? - ....ANSWER...No. A video image or other form of non- physical representation is NOT a personal appearance in front of a notary public under California State law.

Swear vs. Affirm, what is the difference? - ....ANSWER...Swear is using God, affirm is not. There is no difference between these two terms when a notary places a person under oath.

What arrests or convictions on your record should you disclose on your application? - ....ANSWER...All Notary applicants are required to disclose any

arrests where a trial is pending along with ALL prior convictions.

You are not required to disclose a conviction that happened over 10+ years ago. - ....ANSWER...False, you are required to list ALL prior convictions.

The term of office for a notary is for how many years after the start of their term. - ....ANSWER...4 years. (CGC 8204)

To complete your notary filing and to act as a notary, a person must file with their County Clerk's office (within 30 days of the commission start date) the following items: - ....ANSWER...1) oath of office, and

2. $15,000 bond (cgc 8213)

True or False: A notary has the ability to perform a notary act outside the county they field their oath of office? - ....ANSWER...True, they have the ability to perform notary acts in all California counties regardless of what county their oath was filed in.

When filling a notary bond (the surety bond) the sum of the bond must be in the amount of? - ....ANSWER...$15,

Once a notary, your journal can be lent to other notaries as needed. - ....ANSWER...False. Your notary journal must ALWAYS be kept in a secure place under the notaries' control at all times.

What penalty could a notary face if they fail to secure his/her journal? - ....ANSWER...His/her notary public commission may be suspended or revoked AND civil and criminal penalties may be imposed (CGC 8214.1(o), 8214.15(b), and 8228.1)

A journal entry must be made at the time of the notarial act and must be recorded in what order? - ....ANSWER...In sequential order

Should a notary willfully (intentionally) not properly maintain her journal, they can be found guilty of _____________. - ....ANSWER...Misdemeanor

What should a notary do if a member of the public requests the ORIGINAL journal entry? -

....ANSWER...You will need to deny the request. You may, however, give a photocopy of the journal entry.

Can I charge a person for a photocopy of a journal entry? - ....ANSWER...Yes, you may charge them. You are allowed to charge (30 cents) per photo-copy page.

Who is the person that appoints notaries in the state of california - ....ANSWER...The California Secretary of State is the public official that appoints notaries in California.

I have my primary residence in Utah but I spend a lot of time and do business in California, can I become a California Notary Public? - ....ANSWER...No (unless appointed to serve in the military), your primary residence must be in California to become a California Notary Public.

I am a resident of North Carolina but stationed in California for the military, am I eligible to be a California notary. - ....ANSWER...Yes, if you are 18+ and stationed and in the military stationed in

California, there are special provisions to become a notary.

Am i allowed to take an approved California 3-hour course of study to become a notary? - ....ANSWER...No, if you are not currently licensed as a notary, you must complete a 6-hour study course, from an authorized vendor, in order to become a notary public.

I'm currently listed as a notary and have already taken a 6-hour course of study. Am I required to take the 6-hour course again? - ....ANSWER...No, you will only need to complete a 3-hour approved course of study to complete your license as long as you complete all filings prior to the expiration date of your current commission.

I'm currently licensed as a notary, but will not be able to complete my filing until after my commission expires due to a health issue, can I take the 3-hour course. - ....ANSWER...No, if for ANY reason your commission expires prior to completing your paperwork to renew your commission, you are required to take the 6-hour approved course.

I'm a licensed notary and I'm completing my renewal PRIOR to it expiring, can I take the 6-hour course or must I take the 3-hour course? - ....ANSWER...Yes, you are ALWAYS allowed to take the 6-hour approved course as part of your filing.

What are the criteria that a notary seal must abide by? - ....ANSWER...The State of California requires each notary to use a rubber stamp as their official seal. However, an embossing seal may be used in conjunction with the ink stamp. 1. The seal impression must be photographically reproducible.

2. Round notary seals must be no larger than two inches in diameter, rectangle notary seals must be no larger than one inch in width by two and one-half inches in length with a serrated or milled edge border. 3. The notary seal must contain: a) The State Seal of California, b) the words "Notary Public", c) the name of the Notary Public as shown on their commission, d) the name of the county where their oath of office and Notary Public bond are on file, e) the expiration date of the Notary Public's commission, f) the sequential identification number (commission number) assigned to the Notary Public, g) and the identification number assigned to the seal manufacturer.

Does the notary Seal HAVE to be round? - ....ANSWER...No, the seal may be either square or round. (Circular, may not be more than 2 inches in diameter. If rectangular, it must not be more than 1- inch in width by 2 and 1⁄2 inches in length) CGC 8207)

From whom does a notary obtain a CERTIFICATE to purchase an official notary California Notary Seal? - ....ANSWER...The California Secretary of State will issue a certificate to purchase your official notary seal. You must use your official letter when purchasing your seal and NOT a copy.

Can a notary be held personally liable for damages that occur from their notarial acts? - ....ANSWER...Yes, if a notary is found to have acted with negligence that person may be found personally liable for damages, costs and attorney's fees. A notary may purchase supplemental insurance to safeguard themselves.

Can The Secretary of State appoint and commission a state, city, county, and public school district employee as a notary public to act for and on behalf of the governmental entity for which appointed

Secretary of State? - ....ANSWER...Yes, the Secretary of State may appoint as many as they see fit.

If you are a notary appointed for a public entity, can you act as a notary outside the public entity? - ....ANSWER...No, they may only perform notary acts for that public entity.

Notaries appointed for public entities have to charge fees? - ....ANSWER...Yes, the notaries charge for all services and remit the fees received to the employing agency. Each fee charged must be entered in the journal.

If a notary appointed by a public agency terminates their position (voluntarily or is fired) are they entitled to keep their notarial status? - ....ANSWER...No, once a notary appointed by a public agency leaves their position, their actions are viewed the same as a notary's resignation of the commission of the notary.

Does a person appointed to serve as a military notary on a California reservation have to be a U.S. citizen? - ....ANSWER...Yes, they must be a U.S.

Citizen; however, they don't have to be a California resident.

Can a military notary appointed to notarize on behalf of a reservation perform their notary acts outside of the reservation where they were appointed? - ....ANSWER...No, they must perform all notary acts on the military reservation they were appointed.

Does a MILITARY notary appointed to notarize on behalf of a reservation charge the same fees as all other notaries? - ....ANSWER...No, they are NOT allowed to charge any notary fees.

How long is a SIX hour or THREE-hour notary course of study Proof of Completion valid for? - ....ANSWER...It is valid for 2 years from the time of completion.

If I am a current notary who took a SIX-hour refresher course, do I still have to pass the written state exam? - ....ANSWER...Yes, every notary, whether renewing their commission or obtaining it for the first time, must take the state exam.

If a notary applicant has been convicted of a crime, does that make them ineligible to become a notary?

• ....ANSWER...No, if a person has been convicted of a crime it MAY render them ineligible but such offense does not count as grounds for immediate disqualification.

Are those who committed a felony, including crimes committed over 10 years ago that are compatible with notary public duties, subject to disqualification?

• ....ANSWER...Yes, persons who committed a felony compatible with the duties of a notary would become immediately disqualified.

Who ultimately makes the decision if an applicant is unfit to be a notary public? - ....ANSWER...The California Secretary of State

What can happen if a notary completes a certificate of acknowledgment that contains a statement the notary knows to be false? - ....ANSWER...The notary can be liable for Civil penalties and administrative actions, and the act is also a criminal offense.