Notary Public Responsibilities and Procedures in California, Exams of Nursing

Download Notary Public Responsibilities and Procedures in California and more Exams Nursing in PDF only on Docsity! 1 CALIFORNIA NOTARY PUBLIC EXAM Questions 100% Verified Answers Latest Version 2024 GRADED A+ Critical commencement date commencement date stated in the commission NOT date commission was issued or mailed Who issues commission? Secretary of State When does commission become valid After taking oath of office and bond are filed on time Who do you file oath and bond with county clerk Where is a notary's commission limited to? State of california; not only a certain county What kind of bond and how much needs to be filed Surety bond for 15,000 What is the purpose of the surety bond 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 notorial acts on their own time? Notaries appointed by Secretart 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 -doesnt have to be a CA resident -cannot collect fees -can only collect fees on the naval reservtion 2 With who should the oath and bond be filed 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? Notify Secretary of State by certified mail within 30 days of changing residence or business address Fine for failing to notify of address change: $500 What are the two duties to respond to written requests 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? yes. How many journals can a notary keep one Who can request photostatic copies of a notary's journal? -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 -Name of properties -type of document -month and year the act occurred Maximum fee per page of copy requests $0.30 How long does the notary have to respond to requests for copies of the journal 15 calendar days Does an employee have to permit their employer, employer's auditor or agent to inspect journal yes Who has to be present when showing employer journal the notary public How long does notary have to notify the Secretary of state of journal being taken by peace officer 5 What must the credible witness swear to under oath -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 -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 -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 -separate line items for each document notarized What must be recorded for each piece of identification that satisfies satisfactory evidence -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 both witnesses identification is needed What sorts of real estate documents do not require a thumbprint reconveyance documents, decree of foreclosure, nonjudicial foreclosure What is an acknowledgment 6 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? -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? 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? 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 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 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 sworn to or affirmed What are synonyms for jurats? affidavit or declaration What does a notary certify happened when competing a Jurat -signer personally appeared before notary public -identity of signer was proven by satisfactory evidence 7 -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 -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 jurat/affidavit What types of vital records can a notary not certify -birth certs -marriage certs -death certs What kind of notarization can a notary perform on vital certificates 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 certified copy of birth cert or identification card What is a proof of execution by subscribing witness 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? 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 -power of attorney -all mortgage/title docs EXCEPT trustees deed and reconveyance -no documents that require a thumbprint 10 How much can a registered and bonded immigration consultant charge for completing immigration forms? $10 What are the advertising limitations for a notary that is also an immigration consultant 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 Notary must also post advertisement in English, say that they're not an attorney and cannot give legal advice What is a deposition? 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 county clerk What type of notary must always charge a fee? notary employed for or on behalf of a state, county public agency Fee for acknowledgement $10 Fee for administering oath or affirmation and executing jurat $10 Fees for Depositions $20 and $5 for administering oath to witness and $5 for certificate of deposition Fee for certifying copy of power of attorney $10 Can notaries charge for signatures on applications for veterans benefits NO Purjury vs forgery Perjury penalty is 2, 3, 4 years forgery is 1 year Are you able to notarize a document with an expired ID? 11 Yes, if it was issued within the last five years Upon receiving the letter of commission, where should the notary file his/her oath and bond? 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? 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? To provide a limited fund to reimburse members of the public who are damaged by notarial misconduct. The Venue specifically indicates: The State and County where the notary and the signer of the document were physically located at the time of signing. Which of the following acts have a possible $1,500 fine? All of the above. 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? 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 signature and had to use the Signature by Mark process. She used two witnesses to watch Bill make his mark on the Power of Attorney and her notary journal. Who must write Bill's name and sign his or her name in the journal next to Bill's mark? The witness who wrote Bill's name next to Bill's mark on the document or the notary. Which of the following notaries can notarize a document even if he or she is gaining financial compensation from the transaction? None of the above 12 Which document must the notary notarize for free? document relating to nomination for public office Marilyn will not be renewing her commission. What must she do with her Notary seal? Deface or destroy the seal Nancy notary is also an escrow officer; she earns a bonus from her company for processing the sale of a property for one of the clients. She may: notarize the document involving this transaction. Who may request a certified copy of a notary's journal entry? Secretary of State When an advertisement in Spanish says "Notario Publico," what is the maximum the advertising notary can be fined? $1500 Robin is a Notary employed by the Acme Law Firm for the last 25 years. He is ready to retire and resign from his notary commission. What must he do with his notary journal? Turn in the journal to the County Clerk's office where his oath and bond are filed. Alissa is a non-attorney notary and a qualified, bonded immigration specialist. How much can Alissa charge to help one individual complete immigration forms? $15 When notarizing a foreign language document that you cannot read, as a notary you must: make sure the document is complete and describe it in the journal as a "foreign language document." Linda is called to the UC Davis Burn Unit to notarize a Power of Attorney for Timothy. The head nurse in charge of Timothy's care limits the number of people in Timothy's room. Since he is burned on 80% of his body and does not have specified paper identification, how must Linda proceed since she does not know anyone who is present? Use two credible witnesses who have their specified paper identification documents. 15 In which county does the notary applicant take, subscribe, and file an oath of office and file a $15,000 surety bond? 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? Ten days by certified mail What is the penalty for failure to surrender the notary public journal to the peace officer when requested? A civil penalty of up to $2,500 and grounds for revocation or suspension of notary commission What are the two primary tools of a notary public and how must they be stored? All of the above In which counties may a notary provide notarial services? 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? The seal must be destroyed. If the party signing the document is physically unable to provide a thumbprint, what must the notary public do? All of the above 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? 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? Satisfactory Evidence: Specified Paper Identification Documents or Credible Witness/es. What acts constitute the unlawful practice of law? All of the above 16 What is the required amount of the surety bond for every person appointed a notary public? $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? 30 calendar days A notary applicant may be denied a commission by the Secretary of State for such actions as failure to disclose any arrest or conviction on the notary application as well as which of the following? All of the above Sally Signer went to Nate Notary's office during regular business hours to have her properly completed document notarized. She provided her current California ID card and the fee required by Nate's office. Nate stated, "I will not notarize your signature because we are not of my race." What action may be taken for Nate's failure to notarize Sally's signature? All of the above Which of these is not a notarial act and procedure? Certifying a birth certificate for immigration documents. Before a document can be notarized, it must: 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? Use a California loose leaf Jurat Certificate. Each time Nancy Notary preforms a notarization it is important for her to complete each step in its entirety. Which of the following is not Nancy's responsibility? Proof read the document Nancy Notary is called to the hospital burn unit to notarize a Power of Attorney for Paul who is burned over 80% of his body. His California Driver License was 17 burned in the fire. The nurse in charge of Paul's care limits the number of people in Paul's room. How must Nancy proceed since she does not know anyone who is present? Use two credible witnesses who have their specified paper identification documents Mr. Smith 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? "Subscribed and sworn to (or affirmed) before me". When would a notary public notarize a document using a Signature by Mark? When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. When the notary willfully states as true a material fact and/or falsifies a certificate of acknowledgment. What are the penalties? All of the above What is the purpose of the $15,000 surety bond? Which of the following are possible $1,500 fines? Which of the following are possible $1,500 fines? All of the above.