California Notary Public Exam Concept Review

Overview

This chapter covers how a person becomes a California notary public and what must happen before the commission takes effect. The Secretary of State appoints notaries, and the steps are the same for every applicant: education, exam, background check, and then filing an oath and a bond.

An applicant must be at least 18 years old and a legal resident of California. First-time applicants must finish a 6-hour course approved by the Secretary of State and pass the written exam. A notary who has already taken the 6-hour course and renews before the current commission expires may take a 3-hour refresher course instead. If the commission expires first, the 6-hour course is required again.

A commission lasts four years and lets the notary act anywhere in California. Within 30 days after the commission begins, the notary must take the oath of office and file it, together with a $15,000 surety bond, with the county clerk of the county where the notary's principal place of business is located. If this is not done in time, the commission does not take effect.

The bond protects members of the public who are harmed by the notary's misconduct or neglect. It does not protect the notary. The surety pays only up to the bond amount, and the notary remains personally responsible for all damages caused.

Overview

This chapter covers the notary's official seal and the reports a notary must send to the Secretary of State when personal details change. The seal identifies the notary on every certificate, so the law sets its size, its contents, and how it is kept.

A seal may be round, no more than 2 inches across, or rectangular, no more than 1 inch wide and 2.5 inches long, with a serrated or milled edge border. It must print or emboss an image that can be clearly copied by photographic methods. It shows the notary's name, the State Seal, the words "Notary Public," the county where the oath and bond are filed, the commission expiration date, and identifying numbers for the notary and the seal maker. A seal vendor needs a Certificate of Authorization from the Secretary of State before making a seal.

The seal is the notary's own property, even when an employer paid for it, and it must be kept in a locked and secured area under the notary's direct and exclusive control. If it is lost or stolen, the notary must notify the Secretary of State immediately. When the commission ends, the seal is destroyed or defaced.

A notary must notify the Secretary of State within 30 days of a change in business or residence address. Willfully failing to do so is an infraction with a fine of up to $500. A notary who changes names applies for an amended commission and files a new oath and bond amendment with the county clerk within 30 days.

Overview

This chapter compares the two notarial acts that California notaries perform most often: the acknowledgment and the jurat. Both require the signer to appear in person and prove who they are, but they certify different things and follow different steps.

In an acknowledgment, the signer declares to the notary that they signed the document. The signer may sign before coming to the notary, but must personally appear. The notary certifies, under penalty of perjury, that the signer proved their identity with satisfactory evidence and acknowledged signing the document.

In a jurat, the signer must sign the document in the notary's presence and take an oath or affirmation that the contents are true. The notary must also identify the signer with satisfactory evidence. Jurats are used for affidavits and other sworn statements.

Both California certificates begin with a boxed notice at the top saying the notary verifies only the identity of the signer, not the truthfulness, accuracy, or validity of the document. The notary must complete the certificate at the time it is signed and sealed. The notary does not choose which certificate the document needs; that choice belongs to the signer or whoever prepared the document.

Overview

This chapter covers the notary's journal, the official record of every notarial act. The journal protects the public and the notary by showing who appeared, what was signed, and how identity was proven.

A notary keeps one active sequential journal at a time and records each act in order at the time it is performed. Each entry includes the date, time, and type of act, the type of document, the signature of each person whose signature is notarized, how identity was established, and the fee charged. For real property documents and powers of attorney, the signer also leaves a right thumbprint, except for foreclosure trustee's deeds and deeds of reconveyance. If the right thumb is not available, the notary uses the left thumb or another finger and notes this in the journal.

The journal must be kept in a locked and secured area under the notary's direct and exclusive control. It belongs to the notary, even if an employer paid for it. If it is lost, stolen, or damaged, the notary must notify the Secretary of State immediately by certified or registered mail or another delivery method with a receipt.

A member of the public may ask in writing for a copy of a journal line, giving the names of the parties, the type of document, and the month and year it was notarized. The notary may charge no more than 30 cents per page. A peace officer investigating a crime may take the journal; the notary gets a receipt and notifies the Secretary of State within 10 days. When a notary resigns or the commission ends without renewal, the journal and records go to the county clerk within 30 days.

Overview

This chapter covers notarial acts other than acknowledgments and jurats. California law gives notaries a short list of powers, and the exam checks that you know where those powers stop.

A notary may take acknowledgments and proofs, take depositions and affidavits, and administer oaths and affirmations. A notary may certify a copy of a power of attorney, and may certify a copy of an entry in the notary's own journal when the Secretary of State or a court asks for it. Demanding payment of bills of exchange and protesting them is a duty only for a notary employed by a financial institution, while working for it.

A notary may not certify copies of birth, death, or marriage records. Those certified copies come only from official record keepers such as the state or local registrar or the county recorder. A notary commission alone does not let a person perform marriages: the notary must also be a person the Family Code authorizes, such as a priest, minister, or rabbi. A notary may issue confidential marriage licenses only after the county clerk approves the notary and the notary completes the clerk's course.

A notary may administer an oath or an affirmation. California allows a form of oath that ends with "so help you God" and another form made under penalty of perjury with no mention of God, and a jurat oath can be asked as "Do you swear or affirm that the statements in this document are true?" A person who cannot write may sign with a mark, such as an X, when witnesses watch and sign their own names, and one of them writes the person's name near the mark.

Overview

This chapter explains how a California notary identifies a signer. The law calls this "satisfactory evidence," and it is required for acknowledgments and jurats. It means there is nothing that would make a reasonable person doubt the signer's identity, plus either an acceptable ID or the sworn word of credible witnesses.

A California notary may not identify a signer by personal knowledge alone, even a family member or coworker. The notary may rely on a California driver's license or ID card, a U.S. passport, and certain other cards listed in the law, such as another state's driver's license or a U.S. armed forces ID. The ID must be current or issued within the last five years.

When a signer has no acceptable ID, credible witnesses may identify the signer under oath. The law allows one credible witness who personally knows both the signer and the notary, or two credible witnesses who do not know the notary, each with acceptable ID. A credible witness must have no financial interest in the document and must not be named in it.

A notary who fails to obtain the satisfactory evidence the law requires can face a civil penalty of up to $10,000. The notary records how identity was proven in the journal, including the type of ID, the agency that issued it, its serial number, and its date of issue or expiration.

Overview

This chapter covers the proof of execution by a subscribing witness. It is used when the principal (the person who signed the document) cannot come to the notary, and another person who witnessed the signing appears instead.

A subscribing witness is a person who saw the principal sign the document, or heard the principal acknowledge the signature, and then signed the document as a witness at the principal's request. The subscribing witness appears before the notary and swears to these facts. The principal does not appear.

The notary identifies the subscribing witness through the oath of a credible witness who shows acceptable ID. The subscribing witness's own ID card is not enough by itself.

Proofs of execution may not be used for documents affecting real property, such as grant deeds, quitclaim deeds, and deeds of trust, with narrow exceptions for certain trustee's deeds and deeds of reconveyance. They also may not be used for powers of attorney or other documents that need a journal thumbprint.

Overview

This chapter covers rules that protect immigrants and people who speak languages other than English. California law limits what a notary may do and say so that people are not misled into treating a notary as a source of legal help.

A notary who is not a licensed attorney may not give advice about immigration or any other legal matter. A notary who calls themselves an immigration specialist or consultant may not advertise that they are a notary public. A notary who is also qualified and bonded as an immigration consultant may enter information the client provides onto immigration forms, but may not give legal advice.

A notary who is not an attorney and advertises notary services in a language other than English, on signs or other written communication (a single desk plaque is excepted), must post a notice in English and in that language. The notice states: "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters," and it lists the fees the law lets a notary charge. Translating "notary public" into Spanish as "notario publico" or "notario" is prohibited, even if the notice is posted.

For a first violation of these advertising rules, the Secretary of State suspends the commission for at least one year or revokes it. For a second violation, the commission is revoked permanently.

Overview

This chapter covers what a California notary may charge. Government Code section 8211 sets the maximum fee for each kind of notarial act, such as acknowledgments, jurats, and certified copies of powers of attorney. The amounts are limits, not required prices, so a notary may charge less or nothing at all.

Fees for acknowledgments are counted for each signature taken, so a document with two signers can carry two fees. The jurat fee covers administering the oath to one person and completing the jurat, including the seal. Because fee amounts can change by law, always check the current handbook for the exact dollar figures before the exam.

Some notarizations must be free. No fee may be charged to notarize signatures on vote-by-mail ballot identification envelopes or other voting materials. No fee may be charged to a U.S. military veteran for notarizing an application or claim for a pension, compensation, insurance, or other veteran's benefit.

The notary records the fee charged in the journal. A copy of a journal line requested by the public costs no more than 30 cents per page. Charging more than the law allows is a ground for the Secretary of State to refuse, suspend, or revoke a commission.

Overview

This chapter covers what happens when a notary breaks the rules. The Secretary of State can refuse to appoint a person or suspend or revoke a commission, civil penalties can be imposed, and some acts are crimes. The exam often asks you to match an act with its penalty.

Grounds for refusal, suspension, or revocation include a material misstatement on the application, a felony conviction, false or misleading advertising, charging more than allowed fees, acts of dishonesty, fraud, or deceit, failing to complete an acknowledgment at the time the notary signs and seals it, failing to secure the journal, and willfully failing to give a peace officer access to the journal.

Civil penalties can reach $750 for a negligent failure to perform a notary's duties and $1,500 for a willful failure. Failing to take a required journal thumbprint can bring a civil penalty of up to $2,500, and failing to obtain required satisfactory evidence of identity can bring one of up to $10,000. A notary who knowingly and with intent to defraud notarizes a forged or false deed of trust on a home of one to four units commits a felony. A person who pressures a notary into an improper act commits a misdemeanor.

A notary may not notarize their own signature or act in any transaction in which they have a direct financial or beneficial interest, such as being named as grantor, grantee, trustee, or beneficiary. Acting only as an agent, employee, insurer, attorney, escrow, or lender for a party with an interest is not a disqualifying interest. A notary who is not an attorney also may not give legal advice.