California Notary Public Exam Questions (97 Terms), Exams of Nursing

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California Notary Public Exam Questions

(97 Terms) with Correct Elaborations

updated 2023-2024.

Critical commencement date - Answer: commencement date stated in the

commission NOT date commission was issued or mailed

Who issues commission? - Answer: Secretary of State

When does commission become valid - Answer: After taking oath of office and

bond are filed on time

Who do you file oath and bond with - Answer: county clerk

Where is a notary's commission limited to? - Answer: State of California; not only

a certain county

What kind of bond and how much needs to be filed - Answer: Surety bond for

15,

What is the purpose of the surety bond - Answer: reimburse members of the

public that are damaged by notarial misconduct

May still be liable for damages, costs and attorney's fees exceeding policy limits What kind of notary publics are not allowed to perform notarial acts on their own

time? - Answer: Notaries appointed by Secretary of State who serve as notary

public on behalf of the state, city or county public agency What are the restrictions of becoming a notary on a military or naval reservation -

Answer: -doesn’t have to be a CA resident

-cannot collect fees -can only collect fees on the naval reservation

With who should the oath and bond be filed - Answer: county clerk in the county

where the notary holds her principal place of business

How much time and who must a notary notify of an address change? - Answer:

Notify Secretary of State by certified mail within 30 days of changing residence or business address

Fine for failing to notify of address change: - Answer: $

What are the two duties to respond to written requests - Answer: 1-respond in

30 days to written requests for information 2-respond in time specified when certified copies of journal are requested

Can an employer request that fees be turned over to employer? - Answer: yes.

How many journals can a notary keep - Answer: one

Who can request photostatic copies of a notary's journal? - Answer: -any

member of the general public can request to see their line item in the journal What must the request include when requesting copies of a notorial journal -

Answer: -Name of properties

-type of document -month and year the act occurred

Maximum fee per page of copy requests - Answer: $0.

How long does the notary have to respond to requests for copies of the journal -

Answer: 15 calendar days

Does an employee 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 peace 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

What sorts of real estate documents do not require a thumbprint - Answer:

reconveyance documents, decree of foreclosure, nonjudicial foreclosure

What is an acknowledgment - Answer: notarial certificate attached to a

document when notary confirms the identity of the singer and the singer acknowledges being the signer of the document What does notary certify under penalty of perjury with certificate of

acknowledgment? - Answer: -signer personally appeared

-identity of the signer -signer acknowledged signing the document

For an acknowledgement, does the document need to be signed in front of the

notary? - Answer: NO.

When is a notary allowed to complete an out of state acknowledgment that will be used in another state or territory. What should be done if this person has to

certify the signers role? - Answer: When the notary doesnt have to confirm the

signers representational status within a corporation/business. If notary has to certify the signers role, the notary must insert the california form

What is a venue statement - Answer: statement establishes where the

acknowledgment and signer personally appeared before the notary. County will always be the county where they appeared

What is a Jurat - Answer: certificate attached to a document when a person signs

a document and swears under oath or affirms that the contents of the document are true and correct

What verbage does a Jurat include - Answer: sworn to or affirmed

What are synonyms for jurats? - Answer: affidavit or declaration

What does a notary certify happened when competing a Jurat - Answer: -signer

personally appeared before notary public

-identity of signer was proven by satisfactory evidence -the notary administered the oath or affirmation -Signer signed the document IN THE PRESENCE of the notary What does a notary need to do to perform an oath or affirmation and jurat -

Answer: -confirm their identity (satisfactory evidence)

-administer oath or affirmation -watch signer sign the affidavit -complete journal entry attach jurat to the affidavit or complete the jurat at the end of the affidavit Which type of document does the notary need to be present during signing -

Answer: jurat/affidavit

What types of vital records can a notary not certify - Answer: -birth certs

-marriage certs -death certs

What kind of notarization can a notary perform on vital certificates - Answer: can

provide an affidavit or jurat which states that a signer has certified their own vital information by swearing to the contents of the document

What documents are needed to verify birthdate or age in jurat - Answer:

certified copy of birth cert or identification card

What is a proof of execution by subscribing witness - Answer: When the principal

of the document cannot personally appear before the notary, another person can appear on their behalf to prove the principal signed the document What sort of items can the subscribing witness swear to the truth of and what can

they not? - Answer: CAN: truth of the principal having signed/ proving identity

CANNOT: truth of the documents by means of proof of executiuon Which documents are not able to be confirmed by a subscribing witness -

Answer: -power of attorney

-all mortgage/title docs EXCEPT trustees deed and reconveyance -no documents that require a thumbprint

What does a notary certify when completing proof of execution? - Answer: -

subscribing witnes appeared before notary public -the identity of the subscribing witness was established by oath or affirmation of credible witness that the notary personally knows -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: $

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: $

Fee for administering oath or affirmation and executing jurat - Answer: $

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: $

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

Are you able to notarize a document with an expired ID? - Answer: Yes, if it was

issued within the last five years