Download Notary Exam Practice Test New Version Updated
2023-2024/ Notary Public Exam Latest Actual and more Exams Nursing in PDF only on Docsity! Notary Exam Practice Test New Version Updated 2023-2024/ Notary Public Exam Latest Actual Exam Questions and 100% Correct Answers There are certain documents that a notary will perform notary service on that requires that the notary have the constituent put the thumb print in the journal. Which of the following does not require a thumb print in the journal? Select one: a. Signatures on a Power of Attorney b. Notarization of a grant deed c. When acknowledging the signature on a deed of trust or quitclaim deed. d. If the notary is signing and sealing documents for a deed of reconveyance or deed in a foreclosure. --------- Correct Answer --------- d If the notary is signing and sealing documents for a deed of reconveyance or deed in a foreclosure. A journal entry is required every time a notary performs notary service in the State of California. What is required to be in the notary journal in order to comply with the law? Select one: a. Signature of signer, date and time of service, type of service, character of document, method of identification, fee charged and thumb print with most deeds and powers of attorney. b. Name, address, phone, type of document, fee charged, method of identification, and date of document. c. Name, date, county where service performed, fee charged and method of identification. d. Signature of the notary, type of service, date and time of day service took place, fee charged and identification. --------- Correct Answer --------- a Sometimes the constituent will not have a proper identification card that is acceptable to the Secretary of State. Which of the following is true about a "credible witness" when the notary uses this form of identification? Select one: a. If the credible witness knows the signer and is known by the notary and provides ID, the witness has to swear that the person is the person named on the document and sign the journal. b. If the credible witness is not known to the notary, the notary must require two credible witnesses with proper identification. c. A credible witness or credible witnesses are used to prove identification. d. All of the above are true. --------- Correct Answer --------- all of the above Which of the following best describes the use of "Personal Knowledge" when a notary uses this for identification purposes? Select one: a. If the notary knows the signer's signature, no journal entry is required because the notary already "knows" the information. b. Personal knowledge is the best form of ID, and is the only method of ID allowed. c. Personal knowledge is only allowed in addition to ID cards. d. Both B and C are correct. --------- Correct Answer --------- c Journals are the public record of the notary and can only be used for the completion of notary service. Which of the following is true about the journal? Select one: a. If the journal is damaged, destroyed, lost or is no longer in the exclusive control of the notary, the notary is required to notify the Secretary of State immediately by certified or registered mail. b. After the notary resigns, he/she is to notify the Secretary by certified or registered mail where he/she plans on keeping the journal for the next 10 years. c. Because the journal is the tool for the notary, the care and storing of the journal is up to the notary. The Secretary of state has no say in what the notary does with the journal. d. Notaries are allowed to have as many active journals as they want; however, they are required to state in the front of the journal what that journal is being used for. --------- Correct Answer --------- a A peace officer has good cause to examine your journal and comes to take it. Which of the following is the correct procedure for the notary? Select one: a. Call the Secretary of State and have them tell the officer that the court has no right to the notary record. b. Give the officer the journal immediately. c. Decline to give the journal because a warrant must be issued by a magistrate. d. The notary would request a receipt and send a copy of the receipt to the Secretary of State within 10 days. --------- Correct Answer --------- b Only a notary is allowed to be in possession of the notary journal, no matter who paid for it. Which of the following is not true about copies of journal entries? Select one: a. Any member of the public can request a copy of a journal entry as long as it is a proper request and it is in writing. b. The notary is required to give certified copies of the journal entries upon service of a subpoena or court order. c. In an acknowledgement the notary is assuring that the constituent personally appeared in front of the notary on the date and in the county indicated and was identified by the notary and the signer acknowledged signing the document. d. Both A and C are true. --------- Correct Answer --------- d The second most common service that a notary performs is a jurat. Which of the following is not true of a jurat? Select one: a. The notary is guaranteeing under penalty of perjury that the statement is true. b. After the oath is given, the jurat is filled out by the notary and the client could be guilty of perjury if he/she lied. c. The person swearing to the oath is in the presence of the notary. d. The notary administered the oath or affirmation. --------- Correct Answer --------- a If the document says "subscribed and sworn to" and the document states that the person taking the oath is swearing to their date of birth or age and the document includes a photograph or a finger or thumbprint of the person, the notary would Select one: a. Verify the birth date or age by examining a certified copy of the person's birth certificate or an ID or Driver's License issued by the DMV. b. Require an acceptable identification document and record the information in your journal. c. Administer the oath in the presence of the affiant and make sure that the affidavit is signed in the presence of the notary. d. The notary is required to do all of the above. --------- Correct Answer --------- d The jurat is the service and the document is the affidavit. What best describes what the notary does with a jurat? Select one: a. Makes sure that the document is complete before administering the oath by scanning it. b. Identifies the affiant and uses the approved identification card to fill out the journal entry. c. Gives the oath and watches them sign the document in the presence of the notary. d. All of the above are true. --------- Correct Answer --------- d Almost all service in front of the notary will be either acknowledgement or jurat. Although there are differences, the notary will be filling out the notary text on the document. All except one of the answers is correct about every document: Select one: a. The notary must scan the document to make sure it is complete and deny service if it is not complete. b. If the notary has prior knowledge that the document is fraudulent, the notary is not allowed to sign and seal the document. c. If the document is in a language unknown to the notary, the notary may use a translator to help understand what type of service to perform and help fill in the notary text. d. The document could be in a different language if the notary is able to communicate with the signer in a language that both understand. --------- Correct Answer --------- c A California notary is authorized to certify copies of Select one: a. Birth certificates b. A power of attorney and his/her own journal c. Deeds d. Immigration documents --------- Correct Answer --------- b If you are a notary commissioned by the State of California on July 1st, 2015 and you do not renew your commission, which of the following is the first day you would be in violation of the law if you were to acknowledge a signature? Select one: a. July 1st, 2018 b. July 2, 2019 c. July 1st, 2019 d. July 1st, 2018 --------- Correct Answer --------- c. This question makes you know two things: 1. The Commission Term (4 years) 2. The fact that you cannot perform service after your commission expires. Your commission starts at 12:00am on the start date and ends at 11:59:59pm the last day of the commission. If you were allowed to perform notary service on the 4 year anniversary date, that would be 4 years and 1 day, which is against statute. In this scenario, the last day you could legally perform notary service is June 30th, 2019 until midnight. The correct answer is: July 1st, 2019 Every notary is required to have a bond. What is the purpose of the bond and who does the bond protect? Select one: a. The bond is an insurance policy that covers the notary in the event that they make a mistake. b. The $15,000 bond is purchased from a surety insurer licensed to sell bonds in California and it protects the public for claims against the notary up to $15,000. c. There is no limit as to how much the bonding company will have to pay and the bond protects both the notary and the public. d. None of the above are true. --------- Correct Answer --------- b The bond protects the public up to $15,000. The notary is still responsible to pay any judgments against them. The correct answer is: The $15,000 bond is purchased from a surety insurer licensed to sell bonds in California and it protects the public for claims against the notary up to $15,000. The legislators in the State of California realized there was a need for notaries public to be adequately trained to insure that the laws were being followed. In order to do this they passed a law. Which of the following would best describe what that law said? Select one: a. The test was to be rewritten and made more difficult and made available in all different languages that are spoken in California. b. All new and renewing notaries would have to have a six hour training course by state approved education vendor. c. After the taking the initial six hour course, a three hour course would be required for renewing notaries. d. Both B and C are correct. --------- Correct Answer --------- c After the taking the initial six hour course, a three hour course would be required for renewing notaries. A notary is considered to have a disqualifying interest when acting as: Select one: a. An employee notarizing for an employer. b. A real estate agent selling a condominium. c. A mortgagor in a real estate transaction. d. An attorney who has drafted papers for a client. --------- Correct Answer --------- c If the Secretary of State sends a written request for a certified copy of the notary's journal, the notary must Select one: a. Decline and let the constituent know that the journal entry is private information known only to the signer and the notary. b. Make certified copies of the requested material and immediately send it to the Secretary of State. d. All of the above are restrictions required by the State of California. --------- Correct Answer --------- d The State of California sets the maximum fees that a notary may charge for the services; however, some services the notary is not allowed to charge. Which of the answers below describe the documents that the notary would not charge for service? Select one: a. A notary can never charge for travel fees or work done away from the office. b. Public agency notaries are not allowed to charge. c. Voter related items, Veteran's benefits, and on Military installations. d. If you have a private employer agreement, no fees can be charged. --------- Correct Answer --------- c Which of the following statements are true about the fees that a notary is allowed to charge? Select one: a. The notary may charge no more than $.30 (thirty cents) for a copy of a journal entry when requested in writing. b. A public agency is required to charge; however, the fees collected go to the public agency. c. If a notary gives an oath in a deposition, that notary is only allowed to charge $7. d. All of the above are true. --------- Correct Answer --------- d Even though the notary is not reading the document, if the notary knows that the document is fraudulent and it is a real estate document the notary has committed a crime. What type of crime is it? Select one: a. A felony b. A misdemeanor c. A tort d. A civil case and not a problem for the notary --------- Correct Answer --------- a There are two major crimes listed in the notary handbook, felonies and misdemeanors, which of the following constitutes a misdemeanor? Select one: a. A person who solicits or coerces or in any manner influences the notary to act improperly. b. Any person who destroys, defaces, or conceals any records or papers belonging to the office of the notary public. c. Any person who acts as a notary or advertises that he/she is a notary when he/she is not commissioned or duly qualified. d. All of the above are misdemeanors. --------- Correct Answer --------- d All offenses that are committed by the notary could result in a suspension or revocation of the notary commission, but the notary may also be fined $750.00. Which of the following is not punishable by the fine or suspension of the commission? Select one: a. Charging more than allowed to perform notary service. b. Not performing service on a document in a foreign language when you cannot read the text in that language. c. Failure to give the oath with a jurat. d. Failure to fill out the form in an acknowledgement. --------- Correct Answer --------- b There are crimes that could cause the notary to have a fine of up to $1500 or worse. Which of the following would fall into that category? Select one: a. Advertising as a notary public when one is an immigration specialist. b. Advertising in a foreign language without the disclaimer. c. Misleading advertising. d. All of the above. --------- Correct Answer --------- d Which of the following is true about the liability of the notary in the performance of the duties? Select one: a. Because the notary is a Commissioned officer of the State, the State will take care of all liability. b. The notary is required to file a $15,000 bond and that bond takes care of all liability for the notary. If there are any problems the constituent contacts the bonding company. c. The notary has unlimited liability on every document they sign. d. All of the above are true. --------- Correct Answer --------- c If a notary breaks any of the laws governing the notary, which of the following is true about the notary's right to defend him/herself? Select one: a. Every notary has the right to a fair hearing. b. When the notary takes the oath of office, he/she states that they give up all rights if he/she breaks the law. c. If the notary made an accidental mistake he/she cannot be held liable so no hearing is necessary. d. None of the above have to do with notary law. --------- Correct Answer --------- a California has many Spanish speaking residents so using the term "Notario Publico" or Spanish translation for Notary Public is against the law. What punishment could a notary receive for doing this? Select one: a. The first time the notary breaks the law, he/she will receive no less than one year suspension. b. If you read, write, and understand Spanish, you will be fined $ 750. c. The second time will result in permanent revocation of the commission. d. Both A and C are true. --------- Correct Answer --------- d The notary text says "...personally appeared __________, who proved to me on the basis of satisfactory evidence to be the person..." What should be done about this blank? Select one: a. This must be filled out by the constituent prior to performing notary service. b. The notary writes the signer's name. c. The credible witness writes his/her name in the blank. d. The notary writes his/her name. --------- Correct Answer --------- b The signer of a document has no ID but brings a friend of his/hers who is also personally known to the notary. What ID document is required of the signer? Select one: a. One other witness who knows the signer. b. A driver's license or other acceptable ID. c. Ask the mutual friend for ID and have them swear to the signer's identity. d. A birth certificate. --------- Correct Answer --------- c How long does a notary have to retake his/her oath of office before the county clerk after notifying the Secretary of State of a change in address? Select one: a. 30 days b. Retaking an oath is not required for an address change. c. 60 days d. 10 days --------- Correct Answer --------- b When a California resident applies to the state, which of the following is not required? Select one: a. Live scan finger prints will be required to be submitted to the department of justice and the Federal Bureau of Investigation. b. Submit proof of United States citizenship. c. Disclose both business and home addresses. d. The applicant must submit a photograph with the application. --------- Correct Answer --------- b act performed- acknowledgement satisfactory evidence requirements --------- Correct Answer --------- type of ID, gov agency that issued it, serial or id number, date ID issued/ expired which documents require satisfactory evidence was obtained? --------- Correct Answer -- ------- acknowledgements, jurants, proofs of execution thumbprint needed for: --------- Correct Answer --------- deed, quitclaim deed, deed of trust, other document affecting real property, power of attorney which is most common notarial act --------- Correct Answer --------- acknowledgment acknwoledgment --------- Correct Answer --------- notarial certificate attached to document when the notary confirms the identity of the signer and the signer acknowledges being the signer by completing a certificate of acknowledgement a notary is certifying under penalty of perjury that --------- Correct Answer --------- 1. signers personally appeared before notary and date indicated and country indicated in venue heading 2. identity of signer (based on satisfactory evidence) 3. signer acknowledged signing document by completing the certificate of acknowledgement the notary BLANK legality of the underlying document --------- Correct Answer --------- is not certifying the legality when to use California all purpose acknowledgement form --------- Correct Answer ------- -- any document used in another country acknowledgment form to be recorded out of state requiring notary to certify signer is president of a corporation venue statement --------- Correct Answer --------- where the notary performed the acknowledgment when is notary guilty of fogery --------- Correct Answer --------- if they acknowledged a doc knowing it was false Jan 5 2010 Abe signer signs document for the ABC corporation at office in San Joaquin county. in the same day ABC corp takes doc to NP to have signature notarized. The NP Must: --------- Correct Answer --------- 1. establish Abe's identity- check DL, in front of NP Abe acknowledges his signature on document 2. NP fills out journal entry - date, time and type of act, abe signs journal, np makes affirmative statement in journal of abe's identity, abe DL, fee charged, venue, np mark with stamp 3. np attaches certificate of acknowledgement to document second most common type notary type --------- Correct Answer --------- JURAT what is jurat --------- Correct 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 notarial certificate of jurat identified by wording --------- Correct Answer --------- "subscribed and sworn to or affirmed" jurats are found where in the document --------- Correct Answer --------- at the end document for jurat is referred to as --------- Correct Answer --------- affidavit or declaration oath or affirtmation for jurat --------- Correct Answer --------- "do you solemnly swear or affirm, under penalty of perjury that the contents of this document are the truth, the whole truth and nothing but the truth?" - along those lines NPs can't certify which documents --------- Correct Answer --------- vital records (borth, marriage and death certificates) what are proof of execution by subscribing witness used for --------- Correct Answer ------ --- acknowledgements who is considered the principal; pf a document --------- Correct Answer --------- the signer what is a subscribing witness --------- Correct Answer --------- appears under principals behalf (can't personally appear before np) to prove the principal signed or executed the document when cant proof of execution by subscribing witness be used: --------- Correct Answer --- ------ in conjunction with: any power of attorney, quitclaim deed, grant deed (other than trustee's deed/ deed of reconveyance), mortgages, deed of trust, security agreement or any instrument affecting real property first part of acknowledgement, jurat, proof of execution = --------- Correct Answer --------- venue statement are cw needed with proof of execution by subscribing witness --------- Correct Answer --- ------ yes and they must know sw and np personally what documents do sw and cw need --------- Correct Answer --------- cw needs id - proving who they are sw serves as proxy for principal when someone signing document with MARK --------- Correct Answer --------- NEEDS TWO CREDIBLE WITNESSES np can certify copies of --------- Correct Answer --------- powers of attorney copies of their journal if np is also registered and bonded immigration consultant they can charge --------- Correct Answer --------- $15 per person completing a set of immigration forms WHATS WRONG WITH THIS SCENARIO: Np is registered and bonded immigration consultant. Bob and Sue visit NP to obtain assistance in completing citizen forms. NP's business cards say they are "NP and Immigration specialist . Np enters info into citizenship forms that Bob and Sue provide and enters np knows from their own experience and education as immigration consultant. for services provided, the np charges $100. --------- Correct Answer --------- 1. np can't advertise as NP if immigration specialist 2. np can't enter info on immigration forms on their own 3. np has max fees they can charge - $15 for each signature notarized = $30 protest --------- Correct Answer --------- a notary act where the signer protests the nonpayment or nonacceptance of a bill of exchange or promisary note deposition --------- Correct Answer --------- method of providing oral or written testimony under oath outside of court proceeding max fees per signature of acknowledgement --------- Correct Answer --------- 15 max fee for adminstering oath or affirmation for jurat --------- Correct Answer --------- 15 max fee for taking depsoition --------- Correct Answer --------- 30 fee for certificate of deposition --------- Correct Answer --------- 7 fee for certifying power of attorney --------- Correct Answer --------- 15 fee per line item copied from np journal --------- Correct Answer --------- .30 cents when can't np charge fees --------- Correct Answer --------- 1. when appointed to military/ naval reservations 2. if acting on capacity of city or county, can't charge for affidavit, application, volunteer in relation to securing a pension 3. notarization of signature on application by military veteran 4. circulator's affidavit