CALIFORNIA NOTARY PUBLIC EXAM LATEST 2024 (150 REAL EXAM QUESTIONS AND VERIFIED ANSWERS), Exams of Nursing

Download CALIFORNIA NOTARY PUBLIC EXAM LATEST 2024 (150 REAL EXAM QUESTIONS AND VERIFIED ANSWERS) and more Exams Nursing in PDF only on Docsity! CALIFORNIA NOTARY PUBLIC EXAM LATEST 2024 (150 REAL EXAM QUESTIONS AND VERIFIED ANSWERS) Upon receiving the letter of commission, where should the notary file his/her oath and bond? - ANSWER- The office of the County Clerk in the county where the notary maintains his/her principal place of business Nancy Notary's father, who is also her employer, asked her to notarize documents for the sale of business property whereby Nancy is named as one of the grantees. What is the appropriate response from Nancy Notary? - ANSWER- Nancy should explain that she may not notarize the documents because she is named as a principal even though she is acting in the capacity of an employee. What is the purpose of the $15,000 surety bond? - ANSWER- To provide a limited fund to reimburse members of the public who are damaged by notarial misconduct. The Venue specifically indicates: - ANSWER- The State and County where the notary and the signer of the document were physically located at the time of signing. The Proof of Execution by Subscribing Witness Certificate is used when a document signer cannot appear personally appear before the notary. All of the following are true about this notary process, except? - ANSWER- The signer of the document must put his thumbprint in the notary's journal. When Nancy Notary arrived at the nursing home to notarize a Power of Attorney for Bill, a patient there, Nancy realized that Bill was unable to make his anyone who is present? - ANSWER- Use two credible witnesses who have their specified paper identification documents. Ted has been a notary appointed to the Beale Air Force Base for 25 years. He has decided to take an early retirement one year into his current notary commission. What can Ted not do? - ANSWER- Be a self-employed part-time notary. When Mark a notary public is completing a Jurat, whose name would Mark write person swearing/affirming and signing the document. Linda a close friend of Mary, a notary public, brings in a document to be notarized that is incomplete. What should Mary do? - ANSWER- Refuse to notarize the document. What must a notary public do when there is a change of business address, residence address, and/or change of county? - ANSWER- A notary public is required to notify the Secretary of State in writing, by certified mail, within 30 days of any change of business or residence address. Is there prohibition against notarizing immigration documents? - ANSWER- No What suggested wording could the notary use when certifying a copy of a Power of Attorney? - ANSWER- I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney. All of the following are a basis for the use of a "Proof of Execution by a Subscribing Witness" except? - ANSWER- When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. Jim went alone to his longtime friend Ned, a notary public of State of California, to have his Grant Deed for his and his wife's property in Guam notarized. Jim's only photo identification was issued six years ago and had expired. Ned was unable to complete the notarization because: - ANSWER- Jim's only form of identification was issued over five years ago and had expired. Ms. Jones brings a document to Mary a notary public to be notarized. Mary will mark in her journal that it was a Jurat. What identifying wording did she rely on? - ANSWER- "Subscribed and sworn to (or affirmed) before me". on the "by ," line? - ANSWER- The name of the Bill brings a document to be acknowledged before a Notary Public. The Notary Public certifies on the Acknowledgment form to all of the following. Which one is incorrect? - ANSWER- "Subscribed and sworn to (or affirmed) before me". Since there is no prescribed wording for an oath, what would be an acceptable oath? - ANSWER- "Do you swear or affirm that the statements in this document are true?" When would a notary public notarize a document using 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. Which one of the following is not an act that constitutes the unlawful practice of law? - ANSWER- Completing a certificate of Acknowledgment. Since there is no prescribed wording for an oath, what would be an acceptable oath? - ANSWER- "Do you swear or affirm that the statements in this document are true?" A notary public must use the seal on all documents except? - ANSWER- California Subdivision Map certificates To clear a background check, the State law requires all applicants to be. - ANSWER- Fingerprinted Once the commission has been issued, what must a person do and in how many days? - ANSWER- Take, subscribe, and file an oath of office, and file a $15,000 surety bond with the county clerk/recorder's office in 30 calendar days. In which county does the notary applicant take, subscribe, and file an oath of office and file a $15,000 surety bond? - ANSWER- In the county where the notary public maintains a principal place of business as shown in the application on file. Upon request of a peace officer within how many days must a notary report the surrender of the official journal to the Secretary of State? - ANSWER- Ten days by certified mail What is the penalty for failure to surrender the notary public journal to the peace officer when requested? - ANSWER- A civil penalty of up to $2,500 and grounds for revocation or suspension of notary commission In which counties may a notary provide notarial services? - ANSWER- Notaries may offer notary services all counties in the State of California When the notary public commission is no longer valid, what must be done with the notary public seal? - ANSWER- The seal must be destroyed. If the sequential journal is lost or taken by a peace officer, then the notary acquires and starts using a new journal, later, the journal is found or returned, what must the notary do? - ANSWER- The notary public shall make no new entries in the returned journal. Your best friend and fishing buddy, Abe, asks you to notarize his document. Abe lost his identification on a fishing trip. How must you identify Abe? - ANSWER- Satisfactory Evidence: Specified Paper Identification Documents or Credible Witness/es. What acts constitute the unlawful practice of law? - ANSWER- All of the above What is the required amount of the surety bond for every person appointed a notary public? - ANSWER- $15,000 Nike Notary received his commission packet from the Secretary of State. How many days from the date indicated on the commission does he have to file his oath of office and $15,000 surety bond at the county clerk/recorder? - ANSWER- 30 calendar days Which of these is not a notarial act and procedure? - ANSWER- Certifying a birth certificate for immigration documents. Before a document can be notarized, it must: - ANSWER- All of the above Sam, who is bilingual, took his affidavit of identity to Nate Notary's office. Nate noticed the affidavit did not have the correct wording on the jurat. What must Nate do? - ANSWER- Use a California loose leaf Jurat Certificate. -month and year the act occurred Maximum fee per page of copy requests - ANSWER- $0.30 How long does the notary have to respond to requests for copies of the journal - ANSWER- 15 days Does an employer have to permit their employer, employer's auditor or agent to inspect journal - ANSWER- yes Who has to be present when showing employer journal - ANSWER- the notary public How long does notary have to notify the Secretary of state of journal being taken by peave officer - ANSWER- 10 days How long goes notary have to notify secretary of state of lost, stolen or misplaced - ANSWER- immediately How long after expiration does notary public have to return journal - ANSWER- 30 days What items does notary seal have to include - ANSWER- -words Notary Public -notary's name -commission expiration date -county where oath and bond were filed -commission number -sequential ID number for seal When may someone use an embosser seal - ANSWER- if it is also inked When is a seal not required - ANSWER- acknowledgements on a CA subdivision map since the material used for maps isnt compatible with inks What is included in the acknowledgment of the map - ANSWER- -Name -county where notary's commission is -expiration date -signature goes above or adjacent to all this What must happen if Seal's impression is not clear - ANSWER- It should not be fixed. Should instead attach a seperate notorial certificate How long does notary have to notify SoS of lost stolen or damaged seals? - ANSWER- immediate Who is able to destroy the notary's seal - ANSWER- The notary public or his representative Can a notary notarize a document written in foreign language they are not familiar with? - ANSWER- Yes. What is the procedure / requirement for notarizing a document in another language that notary isnt familiar with - ANSWER- -Notary must be able to communicate with the signer -swear or affirm the contents of affidavit Can an interpreter be used? - ANSWER- NO. Should refer customer to another notary if they cannot communicate What is the journal entry for a document in a foreign language that the notary cannot identify - ANSWER- "Document in a foreign language" What consititutes satisfactory evidence - ANSWER- 1- paper identification documents meeting certain reqs 2-oath of single credible witness 3-oath of two credible witnesses What kinds of paper documents qualify as proper identification - ANSWER- - DMV license -US passport -Passport issued by foreign county -drivers licensees issued in Canada or Mexico (NOT ID CARDS FROM THESE COUNTRIES MUST BE DRIVERS LICENSE) -Military ID -Inmate ID card if still in custody -CA state/county/city employee ID card When should a notary use a credible witness - ANSWER- -when there are not other ways to identify the signer Who needs to know who in order to use credible witness? - ANSWER- Notary public must PERSONALLY know the credible witness. The credible witness must personally know the signer. Credible witness must present proper ID What must a notary do after identifying a credible witness? - ANSWER- Administer an oath or affirmation to the credible witness who establishes the identity of the signer What must the credible witness swear to under oath - ANSWER- -signer is the person named in the document -credible witness personally knows signer -it would be difficult or impossible for signer to get another form of ID -credible witness does not have financial interest in the document and is not named in the document Who needs to know who in the case of needing two credible witnesses - ANSWER- -Both credible witnesses need to know the signer -Notary does not need to know either of the credible witnesses What needs to be entered into notarial journal at the time of notarization - ANSWER- -date and time the notary performed the service -Type of act performed -character of instrument sworn, affirmed, acknowledged or proved -Signature of each person whose signature is being notarized -whether the identity of signer was based on satisfactory evidence -fee charged -right hand thumbprint if document was title related OR for power of attorney How must a notary record the signature of multiple documents - ANSWER- - separate line items for each document notarized What must be recorded for each piece of identification that satisfies satisfactory evidence - ANSWER- -Type of ID -Government agency that issued ID -serial number or ID number -date ID was issued or expires Whose ID should be recorded in the case of one or two credible witnesses - ANSWER- both witnesses identification is needed -credible witness presented ID -subscribing witness proved identity of principal What does the subscribing witness swear under oath or affirmation - ANSWER- - the principal is the person described in the document -subscribing witness knows principal personally -subscribing witness saw principal sign document or while in the presence of the principal hear the principal acknowledge signing the document -subscribing witness was requested by the principal to sign the document as a witness Who must know who in the case of proof of execution - ANSWER- Notary must know credible witness. -credible witness must know the subscribing witness -subscribing witness must confirm identity of principal Can a credible witness have financial interest in the transaction - ANSWER- NO Can other formats of Proof of Execution document be acceptable - ANSWER- YES Whose name must appear after personally appeared in proof of execution - ANSWER- subscribing witness whose name must appear after the words "on the oath of" - ANSWER- credible witness who's proving the identity of the subscribing witness What is a signature by mark - ANSWER- signature by mark occurs when a person cannot write his or her own name can acknowledge their signature by making a mark Does the notary public need to confirm the identity of the maker of the mark - ANSWER- YES How and when does a signer acknowledge or subscribe and swear to an affidavit his or her signature on a document - ANSWER- By making a mark where signature should be IN THE PRESENCE of the notary How many witnesses must observe the signer making their mark - ANSWER- two What are duties of the two witnesses - ANSWER- -must sign names next to the mark -one witness must write the name of the signer next to signature mark What must occur in the notary's journal when signing with a mark - ANSWER- Signers mark must go in the journal and should be witnessed by one person. Witness must sign his or her name next to the mark and write the name of the signer next to the mark. Can the notary public serve as a witness for the signers journal - ANSWER- YES Does the notary have to verify the identity of the two witnesses when signing by mark? Do their signatures have to go in the journal? - ANSWER- NO to both. The only time the signatures need to go in the journal is if the witness is acting as a credible witness in establishing the identity of the personas signing mark What types of documents can a notary public certify - ANSWER- -powers of attorney -copies of his sequential journal or purchase of the journal Who can certify copies of vital records - ANSWER- State Registrar What must be done to certify copies of a power of attorney - ANSWER- -compare the document to the original -attach notarial certificate to the copy -complete a journal entry What can a notary notarize on immigration docs? - ANSWER- signatures and dates on document Who can advise an individual on which document or form the person can complete - ANSWER- only an attorney How much can a registered and bonded immigration consultant charge for completing immigration forms? - ANSWER- $10 What are the advertising limitations for a notary that is also an immigration consultant - ANSWER- cannot advertise that they are a notary if they also promote themselves as an immigration specialist or consultant Advertising regulations for notaries advertising in another language - ANSWER- Notary must also post advertisement in English, say that they're not an attorney and cannot give legal advice What is a deposition? - ANSWER- deposition is a method of providing oral or written testimony under oath outside of a court proceeding Who does a notary apply to for the ability to issue confidential marriage certs - ANSWER- county clerk What type of notary must always charge a fee? - ANSWER- notary employed for or on behalf of a state, county public agency Fee for acknowledgement - ANSWER- $10 Fee for administering oath or affirmation and executing jurat - ANSWER- $10 Fees for Depositions - ANSWER- $20 and $5 for administering oath to witness and $5 for certificate of deposition Fee for certifying copy of power of attorney - ANSWER- $10 Can notaries charge for signatures on applications for veterans benefits - ANSWER- NO Purjury vs forgery - ANSWER- Perjury penalty is 2, 3, 4 years forgery is 1 year What is a Notary Public? - ANSWER- A Notary Public is a person of honesty, credibility, truthfulness, and integrity appointed by the State of California to serve the public as an impartial witness in performing a variety of acts related to the signing of important documents, taking oaths and affirmations and performing other acts authorized by law. What does a Notary Public do? - ANSWER- A NP authenticates a person's identity A NP verifies that the person has signed the document. A NP compels an affiant to truthfulness. Where is the Notary's bond purchased? - ANSWER- from a California Admitted Surety Insurer in the amount of $15,000 When may a Notary begin notarizing? - ANSWER- Once the oath and bond are filed. What are the three types of special appointments for a Notary? - ANSWER- - Military Base -Public Employee - Private Employee A Notary commissioned for a military base or naval reserve: - ANSWER- -Is a federal civil service employee -Must be a US citizen -Notarizes on base only -May charge no fees -Commission ends when service on base ends A Notary commissioned for a public state, county, city, or public school district agency: - ANSWER- -Must be an employee of a public agency -Notarizes for public agency only -Must charge for all notarial services -Remits fees charged back to agency -Commission ends when employment ends A Notary Public who has agreed to special provisions with his or her employer to limit services to the employer's business during business hours. - ANSWER- - Bond and supplies paid for by employer -Limited service agreement -Agreement may contain a fee remission agreement during business hours -end of employment does not end commission What are the circumstances when the Secretary of State must be notified? - ANSWER- -Address change -Name change -resignation of notary -death of the notary How long does a Notary Public have to notify SOS of address change? - ANSWER- 30 days A Notary who changes the address of his or her principle place of business to a new county has the to file a new oath of office and bond in the new county - ANSWER- option In the event of a legal name change, a Notary must file a with the SOS office. - ANSWER- name- change application Willful failure to notify the SOS of a change of address or name can result in an infraction with a fine of up to . - ANSWER- $500 If a Notary resigns, is disqualified, removed from office, or allows their appointment to expire without obtaining reappointment in 30 days, they must: - ANSWER- Turn in journals and papers to county clerk in the county where their oath is on file within 30 days and destroy or deface their seal When must the SOS be notified of the death of a notary? - ANSWER- immediately Upon the death of a Notary, journals must be turned into the county clerk where the oath was filed within days. - ANSWER- 30 What are the two circumstances in which the SOS will make a request of the Notary? - ANSWER- - Information about a notarial act - A certified copy of a journal entry How long does a Notary Public have to respond to written requests from SOS? - ANSWER- 30 days or within the specified time What are the five steps of notarization? - ANSWER- 1. Require personal appearance 2. Scan the document for completeness 3. Identify and screen the signer 4. Record the journal entry 5. Complete the notarial certificate A Notary may not take an or a proof of execution on an incomplete document. - ANSWER- acknowledgement A Notary may not notarize a document containing blanks the Notary knows from his or her to be incomplete. - ANSWER- experience All acceptable ID documents must be current or . - Can a phone call, email, or web broadcast replace a personal appearance? - ANSWER- No What must a notary scan for in a document? - ANSWER- - A complete document -An original signature What notarial acts involve notarizing signatures? - ANSWER- Acknowledgements Jurats Proof of execution What must a notary screen for before proceeding with any notarization? - ANSWER- willingness and awareness What must a notary obtain for acknowledgements and jurats? - ANSWER- satisfactory evidence of the signer's identity What is classified as satisfactory evidence? - ANSWER- - a state-approved ID - The oath of one credible identifying witness - The oats of two credible identifying witnesses Can a Notary use personal knowledge to establish the identity of the signer? - ANSWER- No ANSWER- issued within the last five years. What are the four main types of CA approved ID documents a Notary may accept? - ANSWER- - ID card or driver's license issued by the CA Dept of Motor Vehicles. - US passport -Inmate ID card issued by the CA Dept of Corrections and Rehabilitation (inmates in custody in prison only) -Any form of inmate ID issued by a sheriff's department (inmates in custody in a local detention facility only) The journal must be kept in a locked and secured area under the and control of the Notary when not in use. - ANSWER- Direct -The issuance or expiration date Exclusive If a member of the public requests a copy of the journal entry, what must their written request contain? - ANSWER- - Names of the parties - Type of document - Month and year of notarization How long does a Notary have to respond to a request? - ANSWER- 15 business days How much can a Notary charge per page for journal line item requests? - ANSWER- 30 cents How long does a Notary have to notify SOS once they surrender their journal? - ANSWER- 10 days How long does a peace officer have to notify SOS that you have surrendered your journal? - ANSWER- 24 hours Willful failure to surrender the journal to a peace officer is punishable with a fine up to - ANSWER- $2500 When does a notary have to notify SOS of a lost stolen misplaced destroyed or damaged journal? - ANSWER- immediately Notarial Certificates must contain - ANSWER- 1. Notice 2. Venue 3. Statement of particulars 4. Signature 5. Seal 6. Penalty or perjury clause 7. Testimonial clause What shape and size must a seal be? - ANSWER- Rectangular - no larger than 1" x 2 1/2" Circular - no larger than 2" What information must a seal contain? - ANSWER- - Words 'Notary Public' - CA state seal - Seal manufacturer's sequential ID number -Notary's commission name -county where oath and bond are on file -Notary's sequential commission number -Commission expiration date What are the requirements for an acknowledgement? - ANSWER- - The signer must personally appear before the Notary - The signer must be positively identified using satisfactory evidence - the signer must acknowledge his or her signature What is the fine for perjury? - ANSWER- $10,000 What is the maximum fee for an acknowledgement? - ANSWER- $15 When is a Jurat used? - ANSWER- A Jurat is used when an individual attests to the truth and accuracy of the statements in the document. What are the requirements for Jurats? - ANSWER- 1. The signer must personally appear before the Notary 2. The signer must be positively identified using satisfactory evidence 3. The signer must sign the document in the Notary's presence 4. The Notary must administer an oath or affirmation to the signer, who declares that the contents of the documents are true. What is the maximum fee for all services in connection with the taking of any deposition? - ANSWER- $30 What is the maximum fee for administering an oath to the witness? - ANSWER- $7 What is the maximum fee for the certificate for a deposition? - ANSWER- $7 What is a subscribing signer? - ANSWER- A substitute signer If a document requires a thumbprint, can you perform a Proof of Execution? - ANSWER- No. Proof of execution can not be performed on any document requiring a thumbprint. What is a certified copy? - ANSWER- A certified copy is a document that has been verified as an accurate reproduction of an original document. CA Notaries may only certify copies of: - ANSWER- 1. Original powers of attorney 2. Notary journal line entries, upon subpoena or court order or written request by SOS Who may perform a Protest? - ANSWER- A Notary employed by a financial institution during the course and scope of the Notary's employment? California Notaries Public are prohibited from performing any - - ANSWER- Duties that may be construed as the practice of law. Unauthorized practice of law includes: - ANSWER- - Giving advice about documents - Preparing documents - Choosing the notarial act aka notaries must 'stay in their lane' What happens if a notary public fails to include a statement on all advertisements clarifying 'I am not an attorney, and, therefore, cannot give legal advice about immigration or any other legal matters.' and the fees set by statute which a Notary public may charge? - ANSWER- The state will susspend the Notary Public's commission for at least a year or revoke it altogether. What is the civil fine for if a notary fails to include a statement on all advertisements clarifying 'I am not an attorney, and, therefore, cannot give legal advice about immigration or any other legal matters.' and the fees set by statute which a Notary public may charge? - ANSWER- $1500 A notary public who is also an immigration consultant is prohibited from - ANSWER- Advertising in any manner whatsoever that he or she is a Notary Public