California Notary Public Exam Misconduct, Penalties, and Disqualifying Interest Summary

A notary may not take the acknowledgment of a document the notary signed, and may not take the notary's own affidavit or deposition.

Wrong choices

• Yes, for acknowledgments but not jurats: The ban applies to every notarial act on the notary's own signature.
• Yes, if another person is present: A witness does not make it allowed.
• Yes, if she records it in her journal: Recording it does not make it allowed.

A notary who is not a licensed attorney may not give legal advice or help prepare legal documents such as wills. Doing so is the unauthorized practice of law and can lead to loss of the commission.

Wrong choices

• A normal notarial act: Helping draft a will is legal work, not a notarial act.
• Allowed if the notary records it in the journal: Recording it does not make it legal.
• Allowed if the notary charges no fee: Free legal advice is still unauthorized practice of law.

Failing to complete the acknowledgment at the time the notary's signature and seal are affixed is a ground for the Secretary of State to suspend or revoke the commission.

Wrong choices

• Acceptable if the notary fills them in later the same day: The certificate must be completed at the time it is signed and sealed.
• Acceptable if the certificates are kept locked: Locking them up does not make it proper.
• Acceptable for regular customers: No customer exception exists.

For an acknowledgment, the signer must personally appear before the notary and be identified. Completing a certificate for someone who did not appear is a false certificate and serious misconduct.

Wrong choices

• Complete it if the husband shows his own ID: The husband's ID does not identify the wife or replace her appearance.
• Complete it if the husband swears she signed: Only the signer can acknowledge her signature.
• Complete it and note the reason in the journal: A journal note does not fix the lack of appearance.

A notary may not notarize a transaction in which the notary has a direct financial or beneficial interest. In a real property deal, being named as grantor, grantee, trustee, beneficiary, or a similar party is a disqualifying interest.

Wrong choices

• Yes, if the notary charges no fee: Waiving the fee does not remove the interest.
• Yes, because the notary is not the one signing: Being named as grantee is a disqualifying interest, even when someone else signs.
• Yes, if the seller agrees in writing: The signer's consent does not remove the interest.

Using false or misleading advertising that claims duties, rights, or privileges a notary does not have by law is a ground for the Secretary of State to refuse, suspend, or revoke a commission.

Wrong choices

• Allowed if the notary charges only the legal fee: Fees do not make misleading claims acceptable.
• Allowed, because notaries handle legal papers: Notaries do not have the right to prepare legal papers or give legal advice.
• Allowed if the ad is only in English: The language of the ad does not matter here.

Any act involving dishonesty, fraud, or deceit with intent to substantially benefit the notary or another person, or substantially injure another, is a ground to refuse, suspend, or revoke a commission. A false date on a certificate is such an act.

Wrong choices

• A harmless favor if the customer asks: A false date is dishonest, no matter who asks.
• Allowed if the notary records the real date in the journal: The certificate still contains a false statement.
• Allowed if the notary charges no fee: Fees do not matter; the act is dishonest.

A notary who is individually named as a party, such as trustee or beneficiary in a deed of trust, has a direct interest and may not notarize it. Acting only as an employee, agent, escrow, or lender is not disqualifying.

Wrong choices

• The notary was paid the legal fee for notarizing: Receiving a lawful fee is not a financial interest in the transaction.
• The notary's employer is the lender: Acting for the lender as an employee is not disqualifying.
• The notary works for the escrow company handling the loan: Working for escrow is listed as not disqualifying.

Government Code section 8214.15 allows a civil penalty of up to $750 for a notary's negligent failure to discharge fully and faithfully the duties of a notary.

Wrong choices

• $2,500: $2,500 is the maximum for failing to take a required thumbprint.
• $1,500: $1,500 is the maximum for a willful failure, not a negligent one.
• $10,000: $10,000 applies to failing to obtain required satisfactory evidence of identity.

Government Code section 8214.15 allows a civil penalty of up to $1,500 for a notary's willful failure to discharge fully and faithfully the duties of a notary.

Wrong choices

• $2,500: $2,500 is the maximum for failing to take a required thumbprint.
• $750: $750 is the maximum for a negligent failure, not a willful one.
• $500: $500 is the maximum fine for willfully failing to report an address change.