Download NOTARY FINAL EXAM Verified Questions and Answers Graded A+ Latest Update 2024 and more Exams Law in PDF only on Docsity! NOTARY FINAL EXAM Verified Questions and Answers Graded A+ Latest Update 2024 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 ✔✔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. ✔✔b A California notary has jurisdiction only in Select one: a. The State of California. b. Anywhere in the world as long as the client is a California resident. c. As long as the document is going to be recorded in California, it does not make any difference where the notary is located. d. None of the above are true. ✔✔a. state of california If you change your name while you are a notary, what must you do? Select one: a. Submit a name change application to the Secretary of State within 30 days. b. A name change is not required until you renew your commission. c. File a modified bond and take a new oath of office. d. A and C are correct. ✔✔a and c are correct If a California notary changes his/her business or residential address while a notary, which of the following is/are true? Select one: a. As long as the notary does not move out of California, no action is required. b. If the business address is a P. O. Box the notary must have a physical home address on file with the secretary of state. c. The notary may refile the oath and bond in the new county, but is not required to. d. Both B and C are correct. ✔✔both b and c correct Notaries often use the notary commission in the workplace during regular business hours. This situation provides for a "private employer agreement." Which of the following is not true about that agreement? Select one: a. If the employer has paid for all the notary expenses, the employer is allowed to exclude the public from service and have the notary only acknowledge company documents during business hours. b. Fees charged during the business day can go to the employer. c. The notary can charge, but all the fees always go to the notary. d. Even though the employer paid for the stamp and journal, if the notary leaves the job for any reason, the seal journal and all notary records belong to the notary and the notary takes those items with him/her if he/she is no longer employed by that employer. ✔✔c 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. ✔✔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? 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. ✔✔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. ✔✔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. The notary's employer or a representative of the employer can have copies of business related journal entries, if the copying is done in the presence of the notary. d. Because the journal contains private information, no one other than the notary can have a copy of the journal. ✔✔d A notary must use the official seal in all cases except: Select one: a. There are no exceptions to this rule. b. When performing acknowledgments for California subdivision map certificates. c. When you type the information instead. d. When a seal and a rubber stamp are used at the same time. ✔✔b California notaries are required to have a seal. Which of the following is true about the laws governing the seal? Select one: a. The seal must be placed on the document in a way that it is clear and legible (photographically reproducible). b. Any notary seal may be used by any notary, for any good reason as long as you have permission from the other notary to do so. c. Each seal has the name of the notary and only that notary may use it or be in possession of the seal no matter who paid for it, so when a notary resigns or is no longer a notary, the notary must destroy it. d. Both A and C are correct. ✔✔d When a notary signs and seals a document, sometimes it must be recorded. Which of the following is not true? Select one: a. The recorder of the document could reject a document if it does not have a clear seal with all elements discernible. b. Documents from out of the country cannot be recorded in California. The most common service that a notary performs is Select one: a. Acknowledgments b. Affidavits c. Depositions d. Certified copies ✔✔a Which of the following is true of an acknowledgement? Select one: a. The acknowledgement form must be completely filled out by the notary at the time of service or the notary could be fined $750 or have the commission revoked or both. b. The acknowledged signature has to be signed in front of the notary in order for the notary to acknowledge the signature. 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. ✔✔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. ✔✔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. ✔✔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. ✔✔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: California notaries are allowed to acknowledge signatures on immigration documents as part of business; however, immigration consultants qualified and bonded are allowed to do all the listed except Select one: a. Assist in the filling out of immigration forms, but may not charge more than $15.00 per set of forms. b. Charge a maximum of $15.00 per notarized signature on the document. c. Speak to the client in a different language and acknowledge signatures on foreign language documents. d. Advertise that they are notaries public. ✔✔d Notaries are allowed to advertise their services in English and other languages; however, there are restrictions on advertising in a foreign language. Which describe these restrictions? Select one: a. A notary in California is never allowed to use the term "notario" or "notario publico" in advertising or in any other way. b. Any ad in a foreign language by a non-attorney has to have a disclaimer stating that the notary is not an attorney and may not practice law or give legal advice on any matter. c. The foreign ad must also list the fee for services. d. All of the above are restrictions required by the State of California. ✔✔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. ✔✔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. ✔✔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 ✔✔a There are two major crimes listed in the notary handbook, felonies and misdemeanors, which of the following constitutes a misdemeanor? 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. ✔✔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. ✔✔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. ✔✔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. ✔✔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 ✔✔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. c. $30 d. No maximum, as long as it is reasonable and agreed to in advance. ✔✔c You may charge less than the maximum, but in this question, we are looking for the maximum amount you are allowed to charge. Since there are two signers on one document, you can charge up to $15 per signer. If you see the words, "State of California, County of ," what does the notary put in the blank? Select one: a. This line does not have to be filled in as long as all parties are in California. b. The county where notarization is performed. c. Notaries have jurisdiction in the entire state, so it does not make any difference what is in the blank. d. The county where the notary does at least 51% of his/her business. ✔✔b how to get penlty of 10,000 (2) ✔✔1. np fails to obtain evidence to establish identity of cw 2. np states material is true knowing false certificate of acknowledgment $750 penalties (4) ✔✔1. charging more than max fees 2. failing to complete acknowledgement at time of signature 3. failing to administer oath 4. negligently failing duties and responsibilities of NP - failing to maintain journal, taking improper id, failing to provide info to ca sos within 30 days of written request 1500 penalties ✔✔1. uses false or misleading advertising 2. commission of any act involving dishonesty, fraud with intent to benefit or injure another 3. execution of any act known to be false 4. violating probation against immigration specialist/ consultant and advertising as NP (CANT DO THAT) 5. violating restrictions on advertising np services not in english 6. willing failing to discharge duties and responsibilities of np perjury ✔✔lying under oath punishable by imprisonment in state prison 2-4 years two infractions for np to commit WILLFULLY ✔✔1. CHANGE OF ADDRESS - FINE UP TO $500 2. NAME CHANGE - $500 term of a notary ✔✔4 years notary must respond to requests within ✔✔15 days if the notary does not know the credible witness ✔✔must have 2 credible witnesses with proper identification character of document- must be recorded in journal ✔✔kind or type of doc with the signature is being notarized grant deeds - what is the character of the document and what notary act is involved ✔✔character- grant deed act performed- acknowledgement satisfactory evidence requirements ✔✔type of ID, gov agency that issued it, serial or id number, date ID issued/ expired second most common type notary type ✔✔JURAT what is jurat ✔✔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 ✔✔"subscribed and sworn to or affirmed" jurats are found where in the document ✔✔at the end document for jurat is referred to as ✔✔affidavit or declaration oath or affirtmation for jurat ✔✔"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 ✔✔vital records (borth, marriage and death certificates) what are proof of execution by subscribing witness used for ✔✔acknowledgements who is considered the principal; pf a document ✔✔the signer what is a subscribing witness ✔✔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: ✔✔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 = ✔✔venue statement are cw needed with proof of execution by subscribing witness ✔✔yes and they must know sw and np personally what documents do sw and cw need ✔✔cw needs id - proving who they are sw serves as proxy for principal when someone signing document with MARK ✔✔NEEDS TWO CREDIBLE WITNESSES np can certify copies of ✔✔powers of attorney copies of their journal if np is also registered and bonded immigration consultant they can charge ✔✔$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. ✔✔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 ✔✔a notary act where the signer protests the nonpayment or nonacceptance of a bill of exchange or promisary note - failing to complete acknowledgement at time of signature - failing to administer oath - negligently failing duties and responsibilities of np (such as maintaining journal, taking improper id, failing to provide info to ca sos within 30 days) $2500 penalty ✔✔1. failing to provide journal to peace officer 2. failure to obtain thumbprint $10,000 penalty ✔✔1. fails to obtain satsifactory evidence required to establish identity 2. np willfully states as true material fact that they know false in cert of acknowledgement forgery ✔✔counterfeits seal or handwriting on document punishable by imprisonment of a year perjury penalty ✔✔imprisonment 2-4 years misdemeanors of np ✔✔1. fails to deliver records to county clerk in 30days of written notice 2. destruction, defacement, concealment of records or papers 3. improper notarial acts, solicitation, influence on performance (others onto np) 4. failure to maintain journal willfully 5. false certificate or writing by officer 6. unlawful practice of law- no longer active with state bar infractions by Np and charges associated ✔✔1. change of address 2. name change charge is $500