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1-800-873-9865
Free Notary Classses.com This study guide is free. With over 100 pages, it covers all of the same information as if you attended one of our notary preparation seminars
at NotaryClasses.com and can be used to complete your California Notary Education requirements.
(There is a nominal charge of $10 for a Proof of Completion if required.)
Why is this free? It’s really very simple. We provide this study guide free as a marketing tool so that you will be persuaded to come to one of our 1- day notary seminars somewhere in California. Our live seminar only costs $69.95 and we guarantee that if you attend the seminar, you will pass the California State Notary Examination which is always given on the same day.
Do I have to attend a live seminar to become a California notary public? California state law requires that all new notary applicants complete an approved 6-hour course of study and then pass a written state exam. You may complete this requirement at a live seminar or by studying this home study course for at least 6 hours. If studying this guide is sufficient to meet California’s educational requirement, why would I want to take your live seminar instead? There are of course many advantages to taking our live seminar.
1. We guarantee that if you take a live seminar, you will pass the exam!
2. The state exam is always given immediately following our live seminars.
3. The live seminar is only 6 hours and only costs $69.95.
4. Anyone taking the live seminar will receive the required Certificate of Completion at no extra charge and is automatically registered to take the exam. No additional requirements will be necessary to notify the Secretary of State of your intent to become a notary. Everything, including the notary application is handled on the day of the seminar and exam.
5. Great optional Notary supply offers and other services are always available at our seminars.
6. Interacting with our experienced notary instructors is an easy way to clear up any questions about the process of becoming a notary or question regarding the exam. And all of this is done on the same day you take the exam so the material is fresh and easily remembered.
What if I live in an area which is too far for me to travel to take one of your seminars? We suggest that you travel for just a day (or make a weekend out of it with a friend or
1-800-873-9865
relative) in order to attend a seminar. There are so many conveniences to attending that it makes sense. However; if you absolutely cannot make it to a seminar, you may use this course instead. We do not charge for this course, so if you decide that after studying it that you want to pursue a different notary home study course, there is no further obligation. You will have learned a great deal and we hope that you will remember us in the future. If you would like to use this course to meet your educational requirement, simply sign the included affidavit that you studied for at least 6 hours and fax it over to us. Please understand that while we can offer this course for free, if you choose to use it to fulfill the State’s requirements, our staff will need to prepare paperwork for you to turn into the Secretary of State. The administrative cost for preparing this paperwork including your Certificate of Completion is only $10 which also includes regular postal delivery charges.
Since each seminar location provides the state notary exam immediately following the seminar, you may also choose to take the exam at one of these sites. The cost to use our seminar facility to take your exam is only $30 but remember that you can register for a live notary seminar which includes all printed material, instructor, Certification of Completion, administrative fees and also guarantees you a seat for the exam, not to mention a guarantee of passing the exam.
How do I sign up for your seminar? The schedule and locations are available on-line at www.NotaryClasses.com or you can call 800-873-9865 and speak with one of our representatives. Begin your study right away with this free study guide and get a head’s up for the day of the exam. You will be glad you did!
How much will everything cost including the seminar fees? There are required costs and optional costs involved with becoming a notary public and we believe that you have the right to know exactly what to expect.
Required costs: Seminar Fee: $69.95 State fee to take the exam: $40
Optional Costs: Passport photo $10 (to be submitted on the day of the exam. Can be taken at our seminar site or provided by you. Must be an actual 2”x2” passport photo with white background) Background live scan: $80 (must be completed sometime prior to your appointment. Can be done at most of our seminar locations but can also be done later at your convenience.) Notary Supplies: Around $45-$125 depending on the items you select. Questions? FREE! 1-800-873-9865 www.NotaryClasses.com
Take a live Notary Seminar for only $69.95 and we guarantee that you will pass the State Notary Exam! See the schedule of classes at www.NotaryClasses.com . Take the seminar and the exam on the same day!
WWW.NOTARYCLASSES.COM 165 W. Hospitality Ln. Ste 10, San Bernardino, CA. 92408 800-873-9865
California Secretary of State Approved Home Study Course for the Notary Public. IMPORTANT INSTRUCTIONS: PLEASE READ FIRST
Thank you for choosing this Home Study Version of the NotaryClasses.com study course for Notaries Public in the state of California. We trust that you will find this Home Study Course easy to follow and self-explanatory. We also trust that this guide will become a useful reference throughout your notary career.
The qualifications for becoming a notary public in California are as follows: 1. If this is a first-time commission, you must complete a required 6-hour educational course. Re-
commissions only require a 3-hour refresher course as long as your notary application is submitted to the Secretary of State and you pass your examination before your current commission expires.
2. You must pass an exam (50 minutes for 30 multiple choice questions) with a score of 70% or greater. 3. After your exam you will need to complete fingerprinting by a live-scan fingerprinting service which is
offered by many sheriff’s offices and private fingerprinting companies. The Secretary of State will send a list of fingerprinting companies to you after you have submitted your notary application. Your fingerprints will be submitted to the DOJ and FBI and checked for criminal history. The Secretary of State will recommend a denial of the notary application for convictions of qualified misdemeanors where less than 10 years has passed since the end of probation or for any felony conviction. A list of qualified misdemeanors
can be found on page 16 in this study guide. 4. You must be a legal resident of California. (No minimum time qualification) 5. You must be a minimum of 18 years of age.
This Home Study Course satisfies the 6-hour educational requirement but you must follow these steps in order to complete the process.
Step 1: Once you have completed at least 6 hours of study with this course, complete the Registration Form and Affidavit on the following pages and fax them to 909-388-1796. Provide a mailing address where we can send you a Certification of Completion with an original signature. The administrative charge for this is $10 which includes the cost of regular postage delivery. Step 2: After receiving your proof of completion by mail, you should schedule your notary exam. All notary exams must be taken in-person at an examination site. The exam is administered by the Cooperative Personnel Services (CPS) at many locations throughout California. To find an examination site, go to the Cooperative Personnel Services webpage for notary exam sites at: http://www.cps.ca.gov/TakeATest/Notary/ or you may attend an exam at one of our seminar locations. The cost of attending an “Exam Only” is $30. Schedule by calling 1-800-873-9865 and referring to the following code: F2009 EXAM ONLY. The Secretary of State requires a $40 fee to process your notary application and examination which you must pay by check or money order only at the examination site. Pre-registration is required and is subject to availability! If you decide to register for a live seminar instead, the seminar cost includes the examination site fees. To register for a seminar at one of our locations, please call us at 800-873-9865 or register on-line at www.NotaryClasses.com. Step 3: If you are taking your exam only at one of our sites and you have pre-registered with us, please arrive at the examination site between 3:45pm – 4:00pm. Late arrivals may not be permitted to enter the examination room!
IF you are taking the exam only, please bring with you the following: 1. A completed Notary application, (see the Notary Application link at www.notaryclasses.com) You must have
the Notary Application completed before you arrive at the seminar testing site. There will not be sufficient time for you to complete this application just prior to your exam.
2. Your identification such as a driver’s license or passport. 3. A check or money order for $40 made payable to The Secretary of State. 4. The Proof of Completion that we mailed to you after once we received your faxed Registration and Affidavit. 5. The completed Registration and Affidavit within this instruction form that you faxed to us.
6. The PROOF OF PURCHASE for your examination site fees and your Proof of Completion. ($40) 7. Be sure to also bring a passport photo and two (2) number 2 pencil and a passport photo (2” x 2”). FAILURE
TO BRING ALL THREE OF THESE ITEMS TO THE EXAMINATION SITE WILL REQUIRE YOU TO RESCHEDULE THE EXAMINATION.
Live notary seminars are given by NotaryClasses.com all over California. See NotaryClasses.com for dates. All Southern California live seminar locations provide live-scan fingerprinting services on site on the day of the seminar. All locations provide passport photo services and assistance in completing the notary application & registration form for seminar students. If you would also like to attend the live notary seminar which begins at 9:00 am, please let our staff know when you pre-register. Any fees paid will be credited and you will only be charged the difference between the those fees and the Live Seminar fee. If you choose to attend the live seminar, please arrive between 8:15 am and 8:45am. BEST WISHES and call us with any questions! 800-873-9865
REGISTERED NOTARYCLASS.COM HOME-STUDY STUDENTS ONLY
NOTARYCLASSES.COM
REGISTRATION FORM
__________________________________________ (Print name of notary public applicant)
HOW TO PASS CALIFORNIA’S NOTARY EXAM
THIS ____ DAY OF _______ , ______.
_________________________
Signature of student
Identifying information Type of identifying information ______________ (Ca driver’s license for example)
Identifying number _______________________ (Driver’s license number)
State or country of issuance _________________ Expiration date _____________
2
NOTARYCLASSES.COM 6-Hour Approved Home Study
AFFIDAVIT OF COURSE COMPLETION
I, ____________________________________________________________________, (Print name of notary public applicant or notary public completing the approved 6-hour home study course) SWEAR UNDER PENALTY OF PERJURY that I have fully completed a minimum of 6-hours of required notary education by taking and completing the home-study course entitled HOW TO PASS CALIFORNIA’S NOTARY EXAM.
_____________________________________ ___________________ Signature of Applicant Date of Completion
You MUST fully complete 6-hours of notary course study and sign this affidavit under PENALTY OF PERJURY before a Certificate of Completion will be issued. This AFFIDAVIT MUST be sent to us signed and dated. Do not send this form to CPS or Secretary of State.
Additional Information Your address: ________________________________________ ___________________________________________________ ___________________________________________________ Phone Number (_____) _______________ Fax Number (_____) _______________ Type of State DMV issued Driver’s License or ID ________________________________ Identifying number _____________________________________ Expiration date _____________________ State or Country of Issuance ____________________ The Administrative processing fee for issuing this Proof of Completion is $10. Call us to process payment when you fax these forms to us. We accept check or credit card payments. Be sure to check your email for your receipt. Once you receive the Proof of Completion form by mail, you will need to bring that form with you to the exam location or the Secretary of State will not accept your notary application. You must also bring with you a receipt for your Proof of Completion ($10) and a receipt for your exam site fees ($30) or you will not be admitted into the examination site. Remember that registering for our live seminar includes the testing site fees (not the $40 charged by the Secretary of State) and includes your application, exam registration and we guarantee that you will pass the examination! Call us today at 1-800-873-9865. Do everything in one easy step at our seminar!
CALIFORNIA NOTARY
LAWS & EXAM PREPARATION
California State Approved
6-Hr Home-Study Guide Notary Public
Daniel C. Jones, MA.Ed; Notary Public Copyright © 2008 notaryclasses.com. All rights reserved
NOTARYCLASSES.COM Rev 11/22/08
2
TABLE OF CONTENTS
Chapter 1
The Office of the Notary Public ………………………………………………… 3
Chapter 2
How to become a Notary …………………………………………….………….. 13
Chapter 3
Independent Notaries VS. Notary Employees ………………..………………… 24
Chapter 4
Completing the Notary Act ……………………………………………………… 29
Chapter 5
Quick Review Proper Identification ..………………………………….……….. 46
Chapter 6
The Notary Journal and Seal ………………………………………….………… 60
Chapter 7
Additional Prohibited Acts as a Notary ………………………………………… 70
Chapter 8
Additional Requirements A Notary Must Know .………………………………. 75
Chapter 9
Allowable Notary Fees ……………………………………………………………80
Chapter 10
Violations, Fines and Penalties …………………………………………………... 84
Chapter 11
Review: Steps to Receiving Your Commission …………………………………..93
Chapter 12
The Test……………………………………………………………………………..95
Sample Notary Exam………………….……………….…………………………...96
APPENDIX
All Purpose Acknowledgment Form (Loose Certificate) ……………….……... A-1
Grant Deed (Example of pre-printed Acknowledgment verbiage)……….….…A-2
Affidavit of Death of Joint Tenant (Example of a pre-printed Jurat) …………A-3
Subscribing Witness Jurat (Proof of Execution) ………………………………..A-4
Journal Entry ……………………………………………………………………...A-5
3
CALIFORNIA NOTARY LAWS & EXAM PREPARATION
CHAPTER 1
THE OFFICE OF THE NOTARY PUBLIC
Chapter Objective:
The goal of this chapter is to introduce the general duties of a notary
public which will encompass new vocabularies for many students.
Subsequent chapters will cover most of these duties in greater detail.
At the end of this chapter, the student will recognize the expected duties
of a notary public and will be able to correctly answer general questions
concerning these functions.
Part 1
What is a Notary Public? Almost everyone needs the services of a notary sooner or later, yet the underlying
purposes for the office of the Notary Public are not generally understood by much of the
public whom we serve. Most people know that a notary is used when a document signer
must be identified, but outside of that important role, the various additional duties of a
notary are not generally known. Perhaps the best way of understanding the role of a
notary public is to first examine the fundamental purpose for the office, and then expand
to the duties involved in achieving that purpose.
So, What Is a Notary Public?
The office of the Notary Public is critical to everyday business and personal
transactions. For example, state laws require many documents to be notarized before
recording with a County Clerk office. Quite often, state agencies or private companies
require a signature on a document to be notarized prior to moving forward with
transactions or document requests. There are literally hundreds of types of documents in
every state and even most countries that require the process of notarization.
4
A Notary Public is a public servant whose office exists in large part as a measure
to help protect the public from fraud and whose notary actions during the notary
process guarantee that certain minimum required standards have been met. What
are these minimum required standards?
A NOTARY PUBLIC is someone commissioned by the state whose primary
duties include certifying that:
a) The signer(s) personally appeared before the notary at the time of
notarization in the county and on the date indicated within the
Notary Certificate.
b) The signer(s) were properly identified.
c) That if the document required the signer to swear to the
truthfulness of the statements within the document, that the
signer did so in front of the notary.
As we will see later, this description does not cover 100% of the notary duties, but
the underlying principle remains in that notaries are public servants whose important and
careful actions provide an essential layer of protection for the general public. For
example, suppose someone signed a Grant Deed transferring property from one person to
another, but years later the signer granting the property claims that the signature on the
Grant Deed is not his and the property was never legally transferred! How could the new
owner prove that indeed the signature on the Grant Deed was legitimate? In situations
such as these, requiring that such documents undergo notarial standards prior to
recording, two important goals are accomplished: 1) such a procedure makes it more
difficult to engage in fraudulent transactions since personal identifying information is
gathered from the signer at the time of notarization and 2) since the notary retains a
formal record of all notarized acts performed, the legal system has concrete evidence to
offer should the need arise.
Furthermore, notaries act as an “impartial witness” to the signing of important
documents; consequently, the notary may never notarize a document in which they
have a direct financial or beneficial interest. In other words, if the notary is named
within the document as a principal, or if the notary could directly benefit personally or
financially from the signing of the document, that notary may not notarize that document.
Consequently, notarizing documents for a spouse or relative might even be illegal
if the document notarized could have a direct beneficial or financial interest to the notary.
Notaries in community property states such as California should exercise extreme caution
when notarizing documents for a spouse. For instance, if the spouse is requiring a
notarized signature on a pension benefit document, you can easily see that the notary
would have a direct financial interest in the document being notarized, even though he or
she is not named in the document.
Who Commissions the Notary Public?
In California, the Secretary of State commissions the notary for a term of 4 years
after the applicant passes a written multiple-choice examination concerning notary law.
Additionally, the notary must be able to pass a criminal background check. Since the
office of the notary plays such a vital role in ensuring that the general public has some
5
minimum protections against fraud, it is important that the notary demonstrate to the state
a background of legal integrity that is consistent with the values of the office itself. A
commissioned notary usually holds office for a term of four years after which the notary
must re-take the exam if he or she wishes to be re-commissioned as a Notary. Currently,
the examination is administered by proctors from the Cooperative Personnel Services
(CPS), which is a company contracted with the Secretary of State to administer notary
exams. Since the CPS proctors administer the exam, they obviously are precluded from
being able to take the examination themselves, and consequently are also not permitted to
seek appointment as a notary public.
In the past, qualified persons seeking appointment as a notary public in California
were permitted to simply schedule an exam with the CPS and upon passing the exam and
meeting the additional requirements we will discuss subsequently, were commissioned as
notary publics. As the office of the notary has changed recently with new legislation, the
State of California issued a new requirement effective in July, 2005 that all applicants
whether re-commissioning or seeking a first term will be required to take an approved 6-
hour notary course prior to testing. Subsequent commissioning will require a 3- hour
refresher course prior to testing.
Once a notary receives a commission in California, the notary may notarize
documents anywhere in the state of California but only within the state of California. You
might imagine that a notary may see many kinds of documents during his or her tenure
and many of these documents may originate outside of the state of California. This does
not present a problem for the notary as long as the document does not require a notary to
perform or state something that a notary is not allowed to comply with as a California
notary public. A California notary is always subject to the laws and limitations of
California regardless of the requirements of other states or countries. Hence it becomes
imperative that a notary commissioned in California become very familiar with
California legislation pertaining to his or her office. We will discuss this legislation
throughout the course, but first, we need to understand what duties a notary may be called
upon to perform as a California appointed notary.
The General Duties of a Notary Public
As suggested in the opening section of this chapter, most people associate a
notary with obtaining identification for the signer or executor of a document, but there
are really a number of other duties of a notary that are not as well known. We will
introduce eight specific duties of a notary which are often referred to as “notary acts” and
then discuss several of these duties more thoroughly in subsequent chapters. That said, it
is true that 90% of all notary duties actually performed include identifying the document
signers and actually, most notaries find that almost all of their notary requests are one of
two primary duties: 1) taking an acknowledgment and 2) administering a jurat.
Taking Acknowledgments
The most common duty of a notary is to take an acknowledgment.
Taking an acknowledgment means that the document signer personally
appears before the notary at the time of notarization, either signs the
document in front of the notary or, if signed prior to presentation to the
notary, acknowledges that the signature is indeed his or hers and
6
acknowledges to the notary that he or she signed the document in his or
her authorized capacity (i.e. CEO or company partner if applicable).
Additionally, an acknowledgment requires that the notary has properly
identified the document signer. Beginning January 1, 2008, the Certificate
of Acknowledgment is executed by the notary under penalty of perjury. A
notary who willfully states as true any material fact known to be false can
be subject to a civil penalty of up to $10,000.
Administering a Jurat The second most often-completed notary act is when the notary must
administer a jurat. A jurat is a specific notary act in which the signer
must personally appear before the notary, swear an oath or affirmation
to the notary regarding the truthfulness of the contents within the
document and must sign the document in front of the notary. The
document signer in this case is sometimes referred to as an affiant since he
or she is making an affidavit that the contents of the document are true.
Effective January 2005, the notary must also properly identify the signer
of a jurat.
You should note that the notary is never responsible for the accuracy of the
information within the document nor does the notary ever guarantee the document’s
veracity. This assumes, of course, that the notary is not aware of any fraudulent
information contained within the document at the time of notarization. A notary who
notarizes a document that contains information known by the notary to be false can be
subject to criminal prosecution as a misdemeanor which carries the potential for
incarceration and suspension or revocation of their commission. The notary may also be
financially liable for any losses incurred as a result of his or her action.
If you are a new notary applicant, you undoubtedly have many questions
regarding these two acts but be assured that we will cover both of these duties in great
detail in Chapter 4. Our purpose now is simply providing an introduction to these terms.
You will become very familiar with each of these notary acts before the end of this guide.
Remember that as a notary, at least 90% of all documents you will notarize will fall into
one of these two notary acts, however, there are six more notary acts with which you still
need to become familiar.
Less Common Notary Acts
Taking a Power of Attorney A Power of Attorney is a document which grants the legal authority for
someone to sign on behalf of another person. Quite often, for example, a
spouse may execute a Power of Attorney to the other spouse in case
documents must be signed during a period of time when the spouse
granting the Power of Attorney cannot appear before a notary at the time
of notarization.
7
Certifying a Copy of a Power of Attorney
Other than a copy of recorded items in the Notary Journal, a copy of a
Power of Attorney is the only document in California that a notary may
certify. Certification means that the copy was examined and compared to
the original by the notary and is an exact duplicate of the original. A
Certified Copy of a Power of Attorney has the same legal force and effect
as the original document.
Taking an Advance Health Care Directive
When someone in California desires to formalize their wishes regarding
their own health care, they can complete a document called an “Advance
Health Care Directive”. A notary is quite often called upon to notarize
this document which often includes completing an acknowledgment.
Provide Copies of Journal Entries
A notary is required to 1) Furnish Certified Copies of journal entries to
the Secretary of State upon request. The notary must respond in the time
provided in the request from the Secretary of State. 2) A notary is required
to provide a copy of a line item from their journal within 15 business days
after the receipt of the request from a member of public or acknowledge
that no such item exists. 3) A notary must provide the journal for
examination and copying in the presence of the notary upon receipt of a
subpoena duces tecum or a court order and must certify the copies if
requested.
Demand Debts or Protest Non-Payment
Another duty of a notary in California is to ―demand payments of bills of
exchange and to protest them in the event of non-payment‖. This duty
is really a carry-over from duties of a notary during the 19th
century.
Briefly, a Bill of Exchange is a document drawn between parties which
one of the parties uses as evidence of money owed. It was a convenient
and popular substitute for carrying cash usually from one county to
another. If the party to whom the Bill of Exchange is presented decides not
to honor the payment, it was a notary’s duty to formally “demand
payment” or “certify the protest” as to why the payment would not be
made. It is rather unlikely that a notary today would be requested to
provide such a service and if presented with such a request, the notary
should not proceed unless under the direction of an attorney.
Confidential Marriages
Unlike some other states, California notaries do not perform marriages.
However, when a couple wishes to be married through a Confidential
Marriage, a notary, under the following conditions may authorize the
confidential marriage. A Confidential Marriage is most often issued for
persons who do not wish their record of marriage to be public knowledge.
These records are sealed to everyone except the bride and groom or upon
8
court order. If a notary wishes to authorize a confidential marriage, he or
she must contact the County Clerk and request approval. As a condition
of approval, the notary must attend a class offered upon arrangement with
the County Clerk and any license issued for this reason is valid for 90 days
and may only be used in the county in which it was issued which also
must be the county in which the notary resides. The notary would
complete a jurat in this case indicating that the parties personally appeared
before the notary, signed before the notary and that the notary
administered an oath or affirmation to the signers. The notary authorizing
the confidential marriage is not necessarily the official who performs the
marriage. A notary wishing to perform the marriage must be a member of
the clergy or other official normally permitted to officiate marriages.
Approval may be revoked by the County Clerk if the notary does not
follow required procedures or otherwise violates notary law.
Some Common Documents Requiring Notarization
There are hundreds if not thousands of different forms to be notarized which
would be impractical for us to attempt a complete listing; however, a few of the most
common are listed below for your review.
Grant Deeds
Grant Deeds are used to transfer property from the Grantor(s) to the Grantee(s).
Quitclaim Deeds
Quitclaim Deeds are a type of Grand Deed. This document also transfers
property.
Affidavit of Death of Joint Tenant or Trustees
If property is being vested (held) in joint tenancy or in a trust, and one of the joint
tenants or trustees dies, California allows someone to file an Affidavit of Death Of
Joint Tenant or Trustee which essentially removes the person from the property
title.
Power of Attorney
A Power of Attorney grants permission for someone to legally sign documents for
someone else.
Deed of Trust, Security Agreement or Mortgage Agreement
These documents are used to encumber by agreement the borrower by placing the
property into collateral until the note or promise to pay is completely satisfied.
Deed of Reconveyance
Once the borrower has satisfied the note (paid off the amount owed through re-
finance, sales or complete satisfaction), a Deed of Reconveyance is issued
indicating that the property is no longer held in collateral.
9
Chapter Summary The Office of the Notary Public
Introduction
WHAT IS A NOTARY PUBLIC?
A Notary Public is essentially a public servant whose office exists
primarily as a measure to help protect the public against fraud and whose
notary actions guarantee that certain minimum required standards have
been met during the signing of documents.
A NOTARY PUBLIC is someone commissioned by the state whose primary
duties include certifying that:
a) The signer(s) personally appeared before the notary at the time of
notarization in the county and on the date indicated within the
Certificate of Acknowledgment or Jurat.
b) The signer(s) were properly identified.
c) That if the document required the signer to swear to the truthfulness of
the statements within the document, that the signer did so in front of
the notary.
1. It is important that the notary always remains an IMPARTIAL
WITNESS to the signing of documents which they notarize. As an
impartial witness, a notary may never notarize documents for his or her
own signature or any document which has a direct financial or beneficial
interest to the notary.
2. In California, a notary may notarize documents for a spouse or relative,
but that document may not have a direct beneficial or financial interest
to the notary. Notaries should be very careful in what documents they
notarize for spouses in California because of the community property
laws.
3. The California Secretary of State commissions notaries for 4-year terms
after which the notary must retake the exam in order to be re-
commissioned.
4. Notaries who are commissioned in California may notarize documents
anywhere within the state of California.
5. Notaries are governed by the laws of California. If notarizing documents
originating from other states or countries which require the notary to
engage in any act which is illegal in California, the notary must not
comply with that request.
10
DUTIES OF A NOTARY
Taking Acknowledgments 6. The most common duty of a notary is to take an acknowledgment.
Taking an acknowledgment means that the document signer personally
appears before the notary at the time of notarization, either signs the
document in front of the notary or, if signed prior to presentation to the
notary, acknowledges that the signature is indeed his or hers and
acknowledges to the notary that he or she signed the document in his
or her authorized capacity (i.e. CEO or company partner if applicable).
Additionally, the notary is required to properly identify the document
signer.
Beginning January 1, 2008, the Certificate of Acknowledgment is
executed by the notary under penalty of perjury. A notary who willfully
states as true any material fact known to be false can be subject to a civil
penalty of up to $10,000.
Administering a Jurat (or taking an Affidavit) 7. The second most often-completed notary act is when the notary must
administer a jurat. A jurat is a specific notary act in which the signer
must personally appear before the notary at the time of notarization,
swear an oath or affirmation to the notary regarding the truthfulness of the
contents within the document and sign the document in front of the
notary. The document signer in this case can be referred to as an affiant
since he or she is making an affidavit. Additionally, the notary is required
to properly identify the document signer.
8. The notary is never responsible for the accuracy of the information
within the document nor does the notary ever guarantee the document’s
veracity. This assumes, of course, that the notary is not aware of any
fraudulent information contained within the document at the time of
notarization. A notary who notarizes a document which contains
information known by the notary to be false can be convicted of a
misdemeanor which carries the potential for criminal prosecution, jail time
and suspension or revocation of their commission.
Taking a Power of Attorney
9. A Power of Attorney is a document which grants the legal authority for
someone else to sign on behalf of another person. Quite often, for
example, a spouse may execute a Power of Attorney to the other spouse in
case documents must be signed during a period of time when the spouse
granting the Power of Attorney cannot appear before a notary at the time
of notarization.
11
Certifying a Copy of a Power of Attorney
10. Other than a copy of recorded items in the Notary Journal, a copy of a
Power of Attorney is the only document in California that a notary may
certify. Certification means that the copy was examined and compared to
the original by the notary and is an exact duplicate of the original. A
Certified Copy of a Power of Attorney will have the same force and effect
as the original.
Taking an Advance Health Care Directive 11. When someone in California desires to formalize their wishes regarding
their own health care, they can complete a document called an “Advance
Health Care Directive”. A notary is quite often called upon to notarize
this document which often includes completing an acknowledgment.
Certifying Copies of Journal Entries
12. A notary is required to 1) Furnish Certified Copies of journal entries to
the Secretary of State upon request. The notary must respond in the time
provided in the request from the Secretary of State. 2) A notary is required
to provide a copy of a line item from their journal within 15 business days
after the receipt of the request from a member of public or acknowledge
that no such item exists. 3) A notary must provide the journal for
examination and copying in the presence of the notary upon receipt of a
subpoena duces tecum or a court order and must certify the copies if
requested.
Demand Debts or Protest Non-Payment
13. Another duty of a notary in California is to ―demand payments of bills of
exchange and to protest them in the event of non-payment‖. This duty
is almost never requested of a notary today because of technological
advances in such transactions. It is recommended that “protests” be issued
only under direction of an attorney.
Confidential Marriages
14. Unlike some other states, California notaries do not perform marriages.
However, when a couple wishes to be married through a Confidential
Marriage, a notary, under the following conditions may authorize the
confidential marriage. If a notary wishes to authorize a confidential
marriage, he or she must contact the County Clerk and request approval.
As a condition of approval, the notary must attend a class offered upon
arrangement with the County Clerk and any license issued for this reason
is valid for 90 days and may only be used in the county in which it was
issued which also must be the county in which the notary resides. The
notary would complete a Jurat.
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Check Your Knowledge
1. A notary public’s duties include certifying that the signer personally
___________________________ before the notary and at the time of
_____________________________ and in the county indicated in the notarial
certificate.
2. A notary must also certify that the signer presented proper
___________________ at the time of notarization.
3. A notary who willfully states as true any material fact known to be false can be
subject to a civil penalty of up to ____________.
4. Notaries in California receive their commissions from the California
_____________________________ of _________________ and are governed by
the laws of _________________________ regardless of the notary requirements
in other states.
5. An Acknowledgment is a specific notary act which guarantees the signer
personally ___________________ before the notary at the time of notarization,
proved their ____________ to the notary and acknowledged that they signed the
document in his or her __________________ _________________.
6. A jurat is a notary act which certifies that the signer personally _______________
before the notary, _____________________ the document before the notary and
took an _________________ or ______________________ as to the truthfulness
of the statements within the document. Additionally, the notary is required to
properly identify the document signer.
7. An affiant is one who makes an ________________ which is a sworn statement
pertaining to the truthfulness of the contents within a document.
8. A certified copy of a power of attorney has the same force and _____________ as
the original.
9. A notary is required to furnish certified copies of journal entries to the Secretary
of State upon request and to do so within the ________________ specified in the
request.
10. The only document that a notary may certify in the State of California is a copy of
a ________________ ________ ____________________ and a copy of their
journal.
Answers: 1. appeared, notarization 2.identification 3. $10,000 4. Secretary of State, California 5. appeared, identification,
authorized capacity 6. appeared, signed, oath, affirmation 7. affidavit 8. effect 9. time 10. Power of Attorney
13
CHAPTER 2 HOW TO BECOME A NOTARY
Chapter Objective:
This section will describe the process and the laws governing various
aspects of becoming a notary. The student will be introduced to the
proper steps and procedures of becoming a notary so that at any time
following the course, the student will have sufficient information to
complete their commissioning procedures.
QUALIFICATIONS TO BECOME A CALIFORNIA NOTARY
As with any other profession, we would expect that notaries must meet minimum
qualifications. The qualifications are specified by California state law and include the
following:
1. A notary in California must be a legal resident of the State of
California (no minimum time required). Please note that while U.S.
Citizenship is not required, the applicant must be a legal resident.
2. A notary must be at least 18 years old
3. The notary applicant must pass a written exam with a score of 70% or
greater.
4. All notary applicants must pass a background check.
5. All notary commissions issued after July 1,2005 will require the
completion of a state approved 6-hour notary course prior to
commissioning. The applicant must submit a “Proof of Completion” to
the Secretary of State along with the application. You could qualify for
a 3-hour course for subsequent commissioning if you submit the
application (at the time of taking the exam) while your previous
commission is still active. This also requires the submission of a
“Proof of Completion”. The Proof of Completion is valid for two (2)
years and the exam results are valid for one (1) year.
Legal Residency
As a notary applicant, you will be expected to list a permanent California address
on your application at the testing site. There is no minimum time for which you must
have been a California resident, but without that California address on your application,
your application will be denied. As an additional note, your application will ask for a
primary place of business address. If you plan to function as a notary from an office site
or business address other than your home, be sure to list that address as your business
address. If your primary place of business is in a county other than your residency, your
commission will be within that county, not your home address county.
Age Limitation of 18
A notary may not be commissioned until he or she is 18 years of age. As you will
discover in subsequent sections, it will take several weeks from the time you take your
exam until you are commissioned due to fingerprinting requirements and background
checks. If you are currently 17 years old, you should consider waiting until you are 18
14
before you take the exam since your application will be completed on the day of your
exam.
The Written Exam
Beginning July 2005, all notary candidates will be required in addition to the
exam, to take an approved 6-hour notary course prior to commissioning. Subsequent
commissioning will require a 3-hour refresher course prior to testing. The notary
applicant will submit a Proof of Completion along with their initial application to the
Secretary of State at the examination site. The Proof of Completion is valid for two (2)
years and the exam results are valid for one (1) year.
A notary is commissioned after passing a written examination with a score of at
least 70%. The notary applicant may complete the registration process during the seminar
or afterwards. Testing is conducted by the Cooperative Personnel Services (CPS) at
locations throughout California. To find a testing location and register for the exam,
follow this link: http://www.cps.ca.gov/takeatest/notary/schedule.asp or call them at: CPS Human Resource Services
Notary Public Examination Services (916) 263-3520
There are currently 30 multiple-choice questions on the exam and you must
answer at least 70% correctly to pass. This means that you may not miss more than 9
questions on the Notary exam. The content of the exam is covered in the Notary Public
Handbook. The handbook is available online at:
http://www.sos.ca.gov/business/notary/notary.htm and this course is derived from that
publication with the intent to provide assistance in explaining the regulations through an
instructional format.
Your completed notary application will be submitted at the place of examination, and
will then be forwarded to the Secretary of State for review. Please note that a fee of $40,
($20 for the application and $20 for the exam) will be due at that time. You must pay
with either check or money order, as the state will not accept cash. You will need to print
your name and last 4 digits of your social security number at the bottom left portion of
the check.
You will need to bring to the testing site identification such as:
A valid DMV issued driver’s license from any state.
A State issued ID.
A current U.S. or foreign passport.
A Military ID Card
The CPS will not accept a VISA or Student ID card for identification. If you have
an Alien Registration Card, you will need to know your number when you fill out the
application.
Beginning January 1, 2008, all notary applicants must also submit a 2‖ x 2‖
color passport photograph of himself or herself to the Secretary of State along with
the application.
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If you have any further questions about your identification documents or change
of name, contact the Secretary of State, Notary Division at:
Business Programs Division
Notary Public Section
P.O. Box 942877
Sacramento, CA 94277-0001
916-653-3595
916-653-9580 (fax)
Once you take the exam, you will need to wait 7 to 10 business days before your
results are mailed to you; however, your results may be accessed on line at:
https://cmas.cps.ca.gov/CMAS/login.aspx or go to www.notaryclasses.com and follow
the link provided for you. You must still wait for 7-10 business days before the results
will be posted. You will not be able to call the CPS for your test scores due to privacy
acts and when you access the website for your results, you will need to obtain a
password. The directions on the website will provide you with a telephone number to call
should you need to obtain a password by phone. Keep in mind that you will only be able
to obtain a password by phone during regular business hours. Once you obtain your
password, enter your social security number and password in the fields requiring this
information and your testing score will be shown. You will not know which questions, if
any you missed, only your raw score. If your test scores are not available yet, you will
receive a message indicating that you are not in the system. Don’t worry! If you took the
exam and you correctly indicated your social security number on your application, you
will get into the system. Keep checking day to day…you will be there soon.
Scoring less than 70% on the exam will require you to retake the exam. To re-take
the exam, simply contact the CPS at
http://www.cps.ca.gov/takeatest/notary/schedule.asp or call them at (916)263-3520 to
request a new test date at a time and location suitable for you. You may retake the exam
no sooner than the next calendar month and will need to bring the copy of the fail letter to
the exam site along with a $20 re-examination fee.
After the Examination
Once you have received notice that you have passed the exam, you will need to
provide fingerprints required for your background check. This is called obtaining a Live
Scan. The application and locations for the Live Scan are available online at the
Secretary of State’s website http://www.sos.ca.gov/business/notary/notary.htm. A
good location to check is usually at a sheriff’s station, not the police department.
Unfortunately, you will need to go through the live scan process even if you have
recently completed a live scan for another purpose. All notary applicants must submit
fingerprints to the Department of Justice and to the Federal Bureau of Investigation and
the Secretary of State will be informed of any results as well as any subsequent arrests.
A Notary Commission lasts four years after which a notary may apply for re-
commissioning. A notary whose commission is expiring can retake the examination
no sooner than one year prior to the termination date of his or her commission
because the exam results are valid for one year.
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Background Checks:
Your application is reviewed by the Secretary of State for acceptance or denial of the
commission. Grounds for refusal, revocation or suspension of a notary commission
include the following as found within The Notary Public Handbook:
Substantial and material misstatement or admission in the application.
Application denial will be recommended for the failure to disclose any
arrest or conviction! You must disclose all arrests and convictions on your
application including any convictions which had later been dismissed. Call
the Secretary of State, Notary Department if you have any questions about
whether or not a particular incident on your record must be disclosed. If
you do not recall the details concerning your arrest(s) and or conviction(s),
you can contact the California Department of Justice at (916) 227-3849.
See the NOTARY PUBLIC HANDBOOK, Secretary of State.
Conviction of a felony.
Conviction of a disqualifying misdemeanor where less than 10 years has
passed since the completion of probation.
Some examples of disqualifying convictions: (From CPS Application)
Accessory
Arson-related offenses
Assault
Auto theft
Battery
Burglary
Carrying a concealed weapon
Carrying a loaded firearm in a public place
Child molestation
Child pornography
Conspiracy
Discharge of a firearm in a public place or into an inhabited dwelling
Drugs, possession for sale
Embezzlement
Escape without force
Failure to comply with a court order
Failure to pay child support
Failure to return to confinement
False financial statements
False imprisonment
Forgery
Fraud involving, but not limited to, bank cards, credit cards, insufficient
funds/checks, insurance, mail, MediCal or MediCare, real estate, tax, and
welfare.
Fraudulent impersonation of a peace officer
Hit and run
Kidnapping-related offenses
Manslaughter
Pimping and pandering
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Possession of an unregistered firearm
Practicing without a license when a license is required
Prostitution
Rape
Receipt of stolen property
Resisting or threatening a peace officer
Robbery
Solicitation
Statutory rape
Tax evasion
Terrorist threats
Theft, grand and petty, including burglary and robbery
Threats to commit a crime involving death or great bodily injury
Child Support
Applicants who are not in compliance with child support requirements may be
granted temporary commissions or may be denied commissions until the candidate comes
into compliance. Subsequent non-compliance may result in suspension or revocation of
your commission.
Receiving Your Notary Commission
Within 8-12 weeks upon submitting your live scan, you will receive your notary
Commission from the Secretary of State. There are times when the Secretary of State
may take a few extra weeks to process these background checks, so you should not be
surprised if you have not received your commission within the expected time frame.
Your letter of commission will include your sequential commission number and an
authorization to manufacture your notary seal. If, for any reason, you must manufacture
additional seals anytime during your commission, you must obtain authorization from the
Secretary of State who will forward you a new application to manufacture a notary seal.
Instructions will also be provided which indicate that you have 30 calendar days
to do the following:
File a surety bond of $15,000 (purchased from a California admitted surety
firm) with the county clerk in the county in which you plan to operate as
your principal place of business.
Take, subscribe and file an oath of office with the county clerk in the county
in which you plan to operate as your principal place of business.
The Surety Bond
The notary is personally liable for notarial acts completed improperly, illegally or
through negligence. This means that if you do something illegal or neglect to fully carry
out your required duties as a notary, you may be sued personally. This bond is a
protection for the public against your actions (or inaction such as failing to administer an
oath when required). This bond offers no protection for you as the notary. If you are held
liable for damages because you did not exercise due care and diligence, you will be
personally responsible to pay the damages and the bonding insurance company will
aggressively seek the full return of the money spent on your behalf up to the $15,000
bond amount. Keep in mind that the $15,000 is not a limitation on the amount of damages
18
for which you may be sued, it is the required amount you must have available through a
licensed surety company and filed with the county clerk.
Errors and Omissions Insurance
As stated earlier, notaries are personally and financially liable for any improperly
executed notary act. For this reason, notaries often choose to obtain errors and omissions
insurance for financial protection. This is not a legal requirement, but it is a very good
idea. Be sure to shop around for this and when comparing prices, find out whether the
price quoted is for one year or for four years. Many companies quote a price for their
E&O insurance but charge annual or semi-annual premiums. Contact NotaryClasses.com
at 800-873-9865 if you would like suggestions on where to obtain your Bond or E&O
insurance. You can obtain higher amounts than $15,000 if you feel more comfortable
such as $50,000 or $100,000 policies, but remember, while E&O insurance will protect
you financially up to the amount of your policy, you will still be legally liable if you
perform illegal or negligent notarial actions.
Taking and Subscribing Your Oath of Office
You also have the limited time of 30 days to take and subscribe your oath of
office either directly at the County Clerk’s office or with another notary in the county
which you have listed on your application as your primary place of business. This may be
different from your county of residence. This will be the county in which you plan to
perform 51% or more of your notary services. If you are working from your home, it may
very well be your county of business as well.
Subscribing your oath means that you have signed a statement regarding your
oath of office which states in part, that you will promise to fully and faithfully carry out
the duties required of a notary public.
Filing Your Oath and Bond
This can be done in person or by certified mail. Specific instructions about how to
do that will be provided to you in the letter you receive from the Secretary of State. If you
fail to file the oath and the bond within 30 calendar days, your commission will be null
and void and will need to re-apply all over again, resubmit fingerprints via live-scan from
the DOJ and the FBI and pay $20 for re-application fee; however, your testing score is
valid for a full year. Notarizing documents without a valid commission is illegal and will
require all documents notarized by you after that date to be re-notarized by a duly
commissioned notary. If you notarize a document which encumbers someone into
property, such as a Deed of Trust, and you are not commissioned, you will be guilty of a
felony! (A Deed of Trust is a document which secures a property as collateral until the
loan on the property is paid in full.)
Remember that once you receive your commission, you may notarize anywhere in
the State of California but you are always under the laws of California. Your stamp
indicates the county where your bond and oath are filed, and does not limit your notary
services to that county.
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Items You Will Need as a Notary
The most important ―tools of the notary trade‖ aside from the actual notary seal
are:
1) A notary journal
2) Acknowledgment forms
3) Jurat forms
4) Fingerprinting device
The Notary Journal
Every notarial act requires the notary to record certain information in an official
Journal of Notary Acts. You will need to have a journal before you complete your first
notarization. Once you have passed your exam, vendors of notary supplies will solicit
you by mail. As with anything else you buy, contact several for pricing as they really do
vary among vendors. Perhaps even more important is the style of journal you purchase.
All journals will have entries for required information, but you may find some styles
more useful than others.
Acknowledgment Pads
Certain types of notary acts require you to attach an official Acknowledgment
page to the document. We will discuss this in detail later, but this is another item you will
want to purchase prior to your first notary assignment. You can usually use the same
vendor as used for the notary journal as that vendor will likely have all of the necessary
items required.
Jurat Form or Stamp
Since the wording of all Jurats changed in 2008, you will want to have a way to
correct any Jurats that are not in compliance. There are two ways to make this change
with a Jurat. Use a loose Jurat page with proper wording or use a Jurat stamp. The Jurat
stamp will be a notary tool you will use many times. Find one with a good price but be
confident of the quality before you purchase. They are really not very expensive, but a
faulty Jurat stamp can be an absolute headache.
Fingerprinting Device
Some notary acts require a fingerprinting device more commonly referred to as a
thumbprint pad. Look for one which is referred to as “inkless” or “disappearing” which
means that while the thumbprint is permanent on the paper, the ink should rub off of the
thumb leaving little or no residue or staining. Your client will thank you and you will not
have to take a supply of tissues with you to each appointment.
The Notary Seal
Finally, you will need your notary seal. While you may purchase the other items
listed prior to receiving your commission, you may not purchase your Notary Seal until
you have received your letter of commission from the Secretary of State. The letter of
commission will include a Certificate of Authorization to have notary seals
manufactured. This must be done through a company licensed to do so by the Secretary
of State. No stamp manufacturer may solicit or manufacture a Notary Seal without first
20
being approved to do so by the Secretary of State. A listing of authorized seal
manufacturers will be included in your letter of commission.
You will submit the original Certificate of Authorization to your selected
authorized seal manufacturer who will make and send you your notary seals. Most
notaries obtain two seals, but this is not a requirement. At the time of this printing, the
cost to have a Notary Seal manufactured should be around $25.
Chapter Summary HOW TO BECOME A NOTARY
1. Qualifications to become a notary are: a. Must be at least 18 years of age
b. Pass a written exam with a score of 70% or greater
c. Be a legal resident of California
d. Pass a background check
e. All notary commissions issued after July 1,2005 will require the
completion of a state approved 6-hour notary course prior to
commissioning. The applicant must submit a “Proof of
Completion” to the Secretary of State along with the application.
You could qualify for a 3-hour course for subsequent
commissioning if you submit the application (at the time of taking
the exam) while your previous commission is still active. This also
requires the submission of a “Proof of Completion”. The Proof of
Completion is valid for two (2) years and the exam results are valid
for one (1) year.
2. Since the exam results are valid for one year, a notary whose commission
is expiring can take the exam no sooner than one year prior to the
termination date of his or her commission.
3. The original application fee is $20 and the testing fee is $20. You will
need to pay a total of $40 at the testing site and must be in the form of a
check or money order made payable to the Secretary of State. All notary
applicants must also submit a 2” x 2” color passport photograph to the
Secretary of State along with his or her application.
4. Background checks: You will complete an application for Notary
commission at that time. This application will include information which
will be used by the Secretary of State to complete your background check.
Failure to list arrests or convictions on your application may be cause for
denial. Even convictions which have been dismissed must be disclosed.
The Secretary of State will recommend denial for conviction of a felony
and any disqualifying misdemeanors where probation for that offence has
been completed less than 10 years ago.
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5. The test consists of 30 multiple-choice questions, and you can miss a
maximum of 9 questions.
6. It will take 7-10 working days for the CPS to send out a letter indicating
whether a student passed or failed the exam. At around 10 working days
from the date of the exam, you may be able to see your scores on line at:
https://cmas.cps.ca.gov/CMAS/login.aspx or go to www.notaryclasses.com and follow the link provided for you.
You may need to call the CPS at (916) 263-3520 in order to obtain a
password during regular business hours. Do not call them for scores
because they will not give them to you by phone due to the privacy acts.
7. Notary testing scores are valid for 1 year. Re-testing fees are $20. In the
event you do not pass the initial exam, you may not retake the exam
within the same calendar month. When taking the re-examination, be
sure to bring a copy of the fail letter you received along with your
identification. Contact the Cooperative Personnel Services at
http://www.cps.ca.gov/takeatest/notary/schedule.asp or 916-263-3520
for testing dates and locations in your area.
8. Once you have received your pass letter you should have fingerprints
taken via live scan. An application for the fingerprints, as well as
locations for the fingerprints can be found on the Secretary of State
website http://www.sos.ca.gov/business/notary/notary.htm. Complete
your live scan as soon as possible because it will take at least 10-12 weeks
(possibly longer) for your background check to be completed and your
commission to be issued.
9. All notary applicants must submit fingerprints to the DOJ and FBI for a
background check. The Secretary of State will be notified of any results as
well as any subsequent arrests.
10. Anyone not in compliance with child support payments may have their
applications denied or may receive a temporary commission only. Notaries
who do not remain in compliance with child support requirements may
have their commissions suspended or revoked by the Secretary of State.
11. After passing your exam and your background check is approved, you will
receive your letter of commission. You will have 30 days to take,
subscribe and file an oath and bond with the Office of the County
Clerk in the county in which you indicate on your application will be
your principal county of business. This may be done by certified mail or
in person but you may not notarize documents until you do so as your
commission is not valid without an oath and bond on file. If you cannot go
directly to the County Clerk’s office to take and subscribe your oath, you
may use a notary within that county but you will need to ensure enough
time for certified mailing to the County Clerk. You will need to take the
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“Oath of Office” form to the notary public, take your oath and subscribe
your name on that form in front of the notary who will notarize your oath.
You will be responsible for ensuring that it is sent to the County Clerk by
certified mail. Your oath and bond MUST be on file within 30 days.
12. Your bond must be purchased from a California admitted surety
company and must be in the amount of $15,000. The notary is
personally and financially liable for notarial acts completed improperly,
illegally or through negligence. The bond offers protection to the public in
the event you are sued and in no way protects you. Although it is not
legally required, many notaries purchase a separate Errors and Omissions
insurance for additional personal protection.
13. Your commission is not valid until you have satisfactorily taken,
subscribed and filed the oath and bond. Failure to file your oath and
bond within 30 calendar days will result in voidance of your
commission. You will need to re-apply all over again and pay $20 for
your application as well as resubmit fingerprint via livescan to the DOJ
and FBI.
14. Along with your letter of commission from the Secretary of State, you will
receive an authorization to manufacture your Notary Seal and a listing of
authorized seal manufacturers. You will send your original authorization
to the seal manufacturer of your choice. If, for any reason, you must
manufacture additional seals anytime during your commission, you must
obtain authorization from the Secretary of State who will forward you
a new authorization to manufacture a notary seal.
15. Before taking your first assignment, you will need to obtain your notary
seal and take with you the “tools of the notary trade‖.
1) A notary journal- required for every notarial act
2) Acknowledgment forms- required frequently for correcting
wording on California Acknowledgments
3) Jurat form or stamp- required frequently for Jurat acts
4) Fingerprinting device- required when notarizing commonly
notarized real estate documents which are recorded in the County
records.
16. A notary’s commission lasts for 4 years after which the notary must
complete the required education course, re-take the examination, file a
new application and a new oath and bond should the notary desire to
renew his or her commission.
Check Your Knowledge
1. List the qualifications indicated in this manual to become a notary:
23
1. _____________________________________________
2. _____________________________________________
3. _____________________________________________
4. _____________________________________________
5. _____________________________________________
2. A notary commission lasts for ________ years after which you must re-take the
examination, file a new application and a new oath and bond upon receiving
notification of passing.
3. A notary whose commission is expiring may re-take the exam no sooner than
_______ year prior to the termination date of his or her commission.
4. All notary applicants must submit fingerprints to the ________and ________ for
a background check. The Secretary of State will be notified of any results as well
as any subsequent arrests.
5. Substantial and material misstatement on your application will be grounds for the
Secretary of State to _____________ your application to become a notary.
6. A notary failing to remain in compliance with child support requirements will
have their commission ___________ or ______________.
7. Newly commissioned notaries must file a surety bond in the amount of
______________ take, subscribe and file their oaths of office and bond with the
County Clerk within _______ days as indicated in their letter of commission or
their commissions will be void.
8. The $15,000 bond protects the _____________ should you as the notary be held
liable for damages as a result of improper, illegal or negligent notary actions.
9. Important steps to becoming a notary are:
Submit an application at the examination site and pay the $20 application
fee, $20 for the examination fee for first-time applicants and $_____ for
persons retaking the exam.
Pass the examination with a score of at least __________%
File your oath and bond within ____ calendar days of receiving your
commission.
Order your notary seal; purchase a journal and a ________________
device.
Answers: 1.Be at least 18 years old; pass a test with a score of 70% or greater; Be a legal resident of California; pass a background
check; complete the required education course 2. four 3. one 4. DOJ; FBI 5. deny 6. suspended or revoked 7. $15,000 ; thirty
8. public 9. $20; 70; 30; fingerprinting
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CHAPTER 3 INDEPENDENT NOTARIES VS. EMPLOYEE NOTARIES
Chapter Objective:
This section will distinguish between these two important types of
notaries. Students will be able to understand their expected roles and
obligations as a notary regardless of what category they find themselves.
In general, we can list notaries under two different categories with respect to his
or her business status: 1) the independent notary public who operates as a business and
2) the notary public who is an employee notarizing documents for the purposes of their
employer.
The Independent Notary Public
Notaries who have received their commissions through personal voluntary efforts
and are providing services to the general public outside of an employer are considered
independent notaries. Most independent notaries work for themselves by advertising their
services to the public or to other companies such as title companies or loan signing
agencies.
A very important distinction regarding independent notaries from a notary who is
an employee is that as a public servant, you are required to perform notary functions for
anyone who requests the service, is willing and able to pay for the service (when
applicable) and for whom there is proper identification. This does not mean that you have
to travel or accept notary assignments during odd hours while you would not normally
provide services, but if you operate out of an office and someone comes in requiring
notarial services, you must notarize their document assuming there is no legal reason for
not doing so. This law is intended to require you as the notary to remain unbiased and
function as a public servant for anyone requiring your services.
Employees
If you have obtained your commission at the request of an employer, or have a job
which may require you to perform notary functions, you fall into the second category of
notaries and there are a few rules that differ from independent notaries. First of all,
however, remember that the notary commission belongs to you, the employee, regardless
of who paid for the application, examination or bond.
The employer may, upon agreement with the notary, limit the duties of employed
notaries during the course of employment to performing notary services for transactions
directly associated with the business purposes of the employer. You will, of course,
notice the important difference here between a notary who is an independent contractor
and an employee. As an independent notary, you may not pick and choose who you
notarize documents for, but the employer, upon agreement made with the notary, may
indeed limit an employee’s notarial functions. In any case, since the notary commission
belongs to you whether or not you are an employee, you may act as an independent
notary on your own time.
All notaries must obtain a seal and keep an official record of every notary act
performed in an official Journal of Notarial Records. Failure to obtain a notary seal
25
or properly maintain a journal can be cause for the Secretary of State to suspend or
revoke the notary’s commission. The notary journal and seal must be kept in a locked
and secured area when not in use. If the notary who is an employee wishes to notarize
documents outside of regular business hours, the same journal must be used as the notary
may only use one journal at a time regardless of what they are notarizing.
Another important consideration regarding notaries who are employees is that a
notary who received his or her commission as an employee at the expense of the
employer may, upon agreement with the employer, be required to submit fees charged for
notarial services back to the employer. This is usually up to negotiation between you and
your employer; however, if a notary public is an employee of a school or government
office and was appointed at the request and expense of their employer and notarizes
documents specifically for that employer, any fees charged must be remitted back to
that employer. Of course, any fees from documents you notarize outside of the
employer’s control may be kept by you.
Important Note Regarding Conflict of Interest
You will remember that a notary may not notarize any document for which he or
she has a direct beneficial or financial interest. Many notaries are employed by mortgage
companies, real estate companies or insurance companies, contractors and so on and
notarizing documents for their company might be incorrectly viewed as having a
financial interest in the document. Notary legislation specifically says that with respect to
financial transactions, a notary acting in the capacity of an attorney, agent, employee,
insurer, escrow or lender has NO beneficial interest in the transaction and may
notarize the document so long as they are not a principal to the document or an
executor (signer) on the document.
However, with respect to real-estate documents, any notary who is named
individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee,
beneficiary, vendor, vendee, lessor or lessee to a transaction is determined to have a
beneficial or financial interest in the document and may NOT notarize that document.
One Final Note Regarding Employees
When the notary who has obtained their commission as an employee leaves the
employer, he or she is to keep their notary seal and journals. The employer may not
demand that either the notary seal or the journal be returned to them or left on their
premises after termination of employment. Remember that the commission is yours and
the seal and journal is your personal property which you must retain and control at all
times. If your employer wishes to have copies of the notary journal records pertaining to
the business, the notary must supervise the process of copying.
If, during the course of your commission, your place of business changes, you will
need to notify the Secretary of State by certified mail within 30 days of your new
business address. You will not need to re-file your oath or bond if your place of business
is in a different county, although you may elect to do so and has 30 days to obtain a new
notary seal for the new county.
As an employee, if your position is terminated or you resign prior to the expiration
date of your commission, your commission does not automatically expire unless you are
commissioned on behalf of the state, city, county, or public school districts, or on behalf
of a military reservation. If this is the case, you must resign your commission when you
26
terminate employment. If you elect to resign your commission after changing
employment, you must notify the Secretary of State in writing and turn in all notary
journals to the county clerk’s office within 30 days.
1If you want to notarize documents as a loan signer, you may want to become certified by taking a loan-
signing seminar as most companies or agencies have a preference in using certified loan signers. Most
signing companies have their own certification testing which you will need to pass before they will send
you on an assignment, so take advantage of as many as you can. While it is not a legal requirement to
become certified, doing so will improve your marketability not to mention your personal continuing
education as a professional notary.
You may be interested in becoming a Certified Loan Signer with the Association of Professional
Notaries and Certified Signing Agents which is an association formed by notaryclasses.com to provide the
needed educational requirements and experience for inexperienced notaries. You may also be interested in
the home-study course called How to be a Wildly Successful Loan Signing Agent written by Bergstrom,
Elliott and Jones, 2008. (See www.notaryclasses.com to order).
Chapter Summary
INDEPENDENT NOTARIES VS. EMPLOYEE NOTARIES
1. Notaries who provide notary services on their own rather than through an
employer are often referred to as independent notaries. These notaries
must notarize a document for anyone who properly requests their services,
able to present proper identification and is willing and able to pay for the
services. This does not mean a notary is required to travel in order to
fulfill a notary request.
2. Notaries who are notarizing documents in the capacity of an employee for
the purposes of the employer may, upon arrangement with the employer,
have their notarial services limited to the purposes of the employer during
their hours of employment. This is based on an agreement with the
employer as some employers may allow their notary employees to notarize
documents for the public as well as for their business.
3. Notaries who are employees may negotiate with their employer the
remittance of notary fees to the employer, except that notaries who are
employees of a public school or the government and have obtained
their commissions upon the requirement of their employer, and who
have had their commissioning fees and other associated fees paid for
by their employer, must remit any fees charged for notary services back
to their employer.
4. All notaries must obtain a seal and keep an official record of every notary
act performed in an official Journal of Notarial Records. The notary
journal and seal must be kept in a locked and secured area when not in
use. If the notary wishes to notarize documents outside of regular business
hours, the same journal must be used as the notary may only use one
journal at a time regardless of what they are notarizing. Failure to obtain
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a notary seal or properly maintain a journal can be cause for the
Secretary of State to suspend or revoke the notary’s commission.
5. Notaries personally own their commission, notary seal and bond
regardless of who paid for them. However, notaries are responsible to pay
for their own filing fees when filing their oath and bond.
6. Notaries who are employees may still notarize documents for the public
outside of their employment hours.
7. A notary may not turn over notarial journals or seals to their employers
upon termination of their employment. If the employer wants a copy of the
journal, the notary must supervise during the copying process taking care
to copy only the journal entries relevant to the employer’s business.
8. Should the employee notary elect to retain his or her commission after
changing employment, a change of business address must be filed with
the Secretary of State by certified mail. If the county of employment
changes, they will not need to file a new oath and bond for that county
unless they choose to do so. If the notary does decide to file a new oath
and bond in a different county, then, the notary has 30 days to purchase
another seal indicating the new county since this is where the current oath
and bond will be filed. If the notary elects to resign his or her commission
after changing employment, he or she must notify the Secretary of State in
writing and turn in all notary journals to the county clerk’s office within
30 days.
9. Notaries who received their commission specifically at the request and for
an employer may retain their commission upon termination of their
employment except for the following categories:
Notaries commissioned on behalf of the city, county, state, public
school districts or on behalf of a military reservation MUST resign
their commissions when they terminate their employment.
10. With respect to a financial transaction, a notary, acting in the capacity of
an attorney, agent, employee, insurer, escrow or lender for the person
having a direct beneficial or financial interest in the document has NO
beneficial interest in the transaction and may notarize the document.
11. With respect to real-estate transactions only, a notary who is named
individually as a grantor, grantee, mortgagor, mortgagee, trustor,
trustee, beneficiary, vendor, vendee, lessor or lessee to the transaction is
determined to have a beneficial or financial interest in the document and
may NOT notarize that document.
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Check Your Knowledge
1. Notaries who have been commissioned for the purposes of an employer’s
business function may have their notary duties ____________ to the employer’s
business transactions during his or her period of the employment day.
2. Notaries who have terminated their position with an employer who paid the
necessary fees for the notary’s commission, shall not ________________ their
journal or seal to their employer. Notaries must supervise any copies of journal
entries made and must file a change of business address with the Secretary of
State. They will not be required to re-file their bond or change their county with
the County Clerk unless they choose to do so.
3. Notaries who are notarizing documents as employees of a school or government
office must ________________ any fees when notarizing documents directly
associated with the employer.
4. Notaries who have had their commission paid for by their employer are still
__________________ to notarize documents for the public outside of normal
working hours. An agreement may be made between the notary and the employer
regarding the disposition of notary fees.
5. With respect to a financial transaction, notaries who are acting in the capacity of
an attorney, agent, employee, insurer, escrow or lender does ________ have a
beneficial interest in the transaction and _____ notarize the document assuming
that the notary is not named as a principal within the document.
6. With respect to real-estate transactions, a notary who is a grantor,
______________, mortgagor, ___________, trustor, _____________,
beneficiary, vendor, ____________, lessor or ____________ to the transaction is
determined to have a beneficial or financial interest in the document and may
_________ notarize that document.
Answers: 1. limited, 2.relinquish 3. remit 4.allowed 5.not; may 6. grantee, mortgagee, trustee, vendee, lessee; not
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CHAPTER 4
Completing the Notary Act
Chapter Objective:
This section will further elaborate several of the duties of a notary
public and provide information as to how these duties may or must be
performed. The student will have an opportunity to complete an
Acknowledgment form. They will also understand more thoroughly the
details of specific notary acts.
Part 1
Acknowledgments and Jurats Without a question, the two most often performed duties of a notary are known as
“taking or completing an acknowledgment‖ and ―administering jurats‖. When a
client is required to have a document notarized, that document will usually require a
notary to either complete an acknowledgment or administer a jurat. The notary will
usually know which is required because the document to be notarized will usually have
the indication or the signer may already know. Interestingly enough, the notary is not
allowed to select which act is performed because to do so may place the notary in a
position of illegally practicing law. When a client brings a document to a notary, if the
proper verbiage is not preprinted on the form indicating which notary act to perform, the
notary is supposed to ask the client which notary act he or she requires. If the client does
not know, then the notary is to require the client to obtain an answer from the originators
of the document.
Completing Acknowledgments
In a nutshell, this notarial act means that the person who signed the document to
be notarized must 1) personally appear before the notary at the time of the notary request
and 2) must acknowledge that he or she signed the document in his or her authorized
capacity, (i.e. CEO, Partner, individual) and 3) the document signer(s) must be properly
identified by the notary.
If the notary is required to complete an acknowledgment, the document may be
signed by the principal(s) at the time of notarization or may have been signed prior to
appearing before the notary. If it has been signed prior to bringing the document before
the notary, the notary must ask the signer to acknowledge that the signature is indeed his
or hers. Whether the document was signed previously or in front of the notary, the notary
is required to verify the identity of the person or persons signing a document with
satisfactory evidence such as a driver’s license.
When a document signer (sometimes referred to as the document executor) places
his or her signature on a document, the notary must assume that the signer intends to
execute the document. California notary law does not require a notary to verify the
competency of the document signer nor is the notary required to make judgments
concerning whether or not the document signer is being coerced in some manner. If the
document signer insists that the notary notarize his or her signature, then regardless of
suspicions, the notary must comply with that request. State law prohibits non-attorney
notaries from giving legal advice or providing legal assistance of any kind. The notary is
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obligated to notarize the document if requested by the document signer and the signer can
present proper identification as well as the required fees.
It is an absolute legal requirement that the notary be able to speak the language of
the signer. If a person signing a document cannot communicate to the notary in a
language that the notary understands, the notary must refuse to notarize that document.
The signer should be directed to another notary who does speak their language. Utilizing
an interpreter brought in by the client is not allowed since that interpreter might have
ulterior motives and render an inaccurate translation or something may be lost in the
translation itself.
Proper Acknowledgment Verbiage Proper notarization includes the requirement that the notary fill out specific
information in a particular format. This is known as notary verbiage and is usually, but
not always, found pre-printed on the document itself or will be attached to the document.
As stated earlier, the document to be notarized will usually require either the completion
of a Certificate of Acknowledgment or the completion of a Jurat process. These two
notary acts are quite different from one another and will have associated verbiage which
will be immediately recognizable by the notary. As we continue through this chapter, you
will be introduced first to proper acknowledgment verbiage and then to proper jurat
verbiage. Once you complete this chapter, you will immediately be able to recognize
which notary act to perform for any document containing proper notarial verbiage.
Remember that if a document contains no notarial verbiage at all, the notary must ask the
client to inform him or her of which notary act he or she requires.
When someone brings a notary a document to notarize, the notary should first
look the document over to ensure that it is not blank or incomplete as it is illegal to
notarize blank or incomplete documents. If the document is blank or incomplete, return
the document to the client for completion. Remember that you as a notary may never
give legal advice so filling out the contents in the document for the client can be illegal.
The second piece of information to look for on the document is if the proper
notary verbiage is already printed on the document. Depending on the type of documents
you will be notarizing, most documents will already have notary verbiage on the form
and will need to fill this portion out and seal it with your notary stamp. However, many
documents either do not have proper verbiage or will not have any notary verbiage pre-
printed on the form. If there is no notary verbiage preprinted on the form, you will need
to add the verbiage. If you need to add acknowledgment verbiage to a document, you
will use an additional form called an “All-Purpose Acknowledgment” form. An example
of an All-Purpose Acknowledgment can be found on page A-1 in the back of this manual.
All California notaries should carry these forms because many documents do not have the
proper verbiage for California.
For an example of a typical document requiring an acknowledgment, please turn
to page A-2 which is a Grant Deed. Once again, someone requiring this document to be
notarized will already have it filled in completely prior to presenting it to you for
notarization. It is not important that the notary be familiar with every kind of document
requiring notarization as that would be rather impractical. There are hundreds if not
thousands of different documents out there. Simply look the document over to ensure that
it is not obviously blank or incomplete. The only portion that may be incomplete is the
notary verbiage which begins: The State of _________, County of ____________. This
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is the section the notary begins completing once the signature or signatures are obtained.
If it has not been signed, request the signature or signatures of the clients prior to
completing this section.
How to Fill Out an Acknowledgment
Acknowledgment verbiage is very important especially with documents to be
filed in California. Acknowledgments taken within the state of California must contain
the following verbiage:
STATE OF CALIFORNIA
COUNTY OF (Name of County in which the notary act occurred)
On (Date of Notary Act) before me, (Notary’s name as on the commission ),―Notary Public‖
(Name/Title, i.e. “Jane Doe, Notary Public)
Personally appeared (Name of person(s) acknowledging their signatures at the time of notarization)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notice that your signature is placed underneath this phrase, not just anywhere on the document)
__________________________________ (Notary Seal)
(SIGNATURE OF NOTARY)
Once again, please refer to the example of this on the Grant Deed found in the
appendix section of this book, page A-2. As the notary, you will begin completing this
notarial verbiage by filling in the state and the county in which you are physically located
at the time of notarization. This portion of the acknowledgment is called the venue.
STATE OF CALIFORNIA
COUNTY OF (Name of County in which the notary act occurred)
Many mobile notaries travel to different counties when completing a notary act.
As a notary commissioned in California, you may notarize documents drawn either in
California or anywhere outside of California but you must be physically located
somewhere within California at the time you notarize the document and must always
comply with California law. Regardless of what county your bond and oath is on file,
you must indicate the county where you are completing the notary act in this venue
section. Sometimes, the venue will be already filled in because an escrow company or
some other third party drew up the document and the venue is wrong. For example, if
loan documents originated in the state of Texas, the escrow company filling out the form
to be notarized may have already typed in the state of Texas in the venue. Simply cross
out the wrong venue and write in the correct state and county.
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On (Date of Notary Act) before me, (Notary’s name as on the commission ),―Notary Public‖
(Name/Title, i.e. “Jane Doe, Notary Public)
Now you will fill out the correct date which is the date of notarization. This is
always the date that the person or persons appeared in front of you and the notary act was
completed. You may never notarize a document for someone who does not appear
personally before you and you must never comply with any request to enter in a
date other than the actual date of notarization. To do so is to subject yourself to
criminal prosecution for forgery, a civil penalty of up to $10,000 brought by the
Secretary of State or a public prosecutor as well as any personal financial liabilities. Whenever you complete a date, try to write out or at least abbreviate the month. If
you notarized a document on April 1, 2008, for example, and entered in the date of 4/1/08
instead of writing it out, it may be possible that if the document is sent to another
country, the reader may conclude that the person appeared in front of you on January 4
and not April 1.
Follow this by clearly printing your name as the notary as it appears on your
commission.
Personally appeared (Name of person(s) acknowledging their signatures at the time of
notarization) who proved to me on the basis of satisfactory evidence
Next you will clearly print the name or names of the persons who appeared before
you and requested that their signatures be notarized. Sometimes, there will be more than
one signature required on the form requiring notarization. Look again at page A-2, the
Grant Deed. You will notice that two persons are signing this document and both persons
are requiring that their signatures be notarized. The signers must sign the document
exactly as their name appears within the document. In our example of the Grant Deed,
you can see that both William A. Jones and Mary B. Jones both signed the document as
their names appeared within. The notary must print their names in this section of the
acknowledgment verbiage exactly as they appear within the document. Because you must print the name or names of the persons who personally
appeared before you on the acknowledgment, you are required to look at the signer’s
identification to ensure that the names on the document match the names on the
identification. Suppose, for example, the name on the document was William A. Jones,
Jr. but when Mr. Jones presents his identification, you notice that there is no Jr. indicated
on his identification. Unless you personally know the signer, how do you know if this
person is Jr. or Sr.? We will talk more about proper identification in the next chapter, but
the general rule of thumb is that the identification used may contain more information
than the signature but never less. If the signature contains “Jr”, and the identification does
not contain “Jr., you must use a different form of identification or you may not complete
the notarization!
Let’s look at another important point about completing this section. Quite often a
document requires the signatures of two or more parties, but only one party can appear
personally at the time of notarization or can prove their identity satisfactorily. In this
case, you may only indicate the name of the person or persons who personally appear at
the time of notarization and are able to prove their identification either though personal
knowledge or satisfactory evidence. If this section has already been filled out for you,
say once again by an escrow company, you will need to cross the name of the party who
33
did not appear before you or could not provide proper identification before completing
the acknowledgment.
Once you are satisfied of the identity of the signer or signers and you have printed
his/her or their names, you will complete the Certificate of Acknowledgment by
appropriately indicating the correct plural/singular terms and pronouns by circling the
correct form or crossing out the incorrect form.
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Since in our example on page A-2, we had both William A. Jones and Mary B.
Jones personally appearing and both proved their identity to the notary, the notary has
indicated so by selecting the plural forms on the acknowledgment. Completing this
section is critical because any document to be recorded will most likely be rejected
otherwise.
As you read through this section, you will notice the phrase “executed the same in
his/her/their authorized capacity(ies)”. California law does not permit a notary to certify
the capacity of a signer. That means if someone is claiming to sign a document as CEO of
a company or a partner of a company, California notaries do not require the signer to
prove to the notary that he or she holds the capacity claimed by the signer. Part of the
acknowledgment in California is that the signer must simply “claim” his or her
authorized capacity. There are still some states that require a notary to verify the capacity
of a signer.
As a notary in the state of California, you may NOT complete any notary act
which requires the notary to comply with a request which is not legal for a California
notary to perform. One of these requests may be for a notary to either know or otherwise
certify the capacity claimed by a document signer. If you are ever presented with a
document which has notary verbiage requiring such certification, you may not complete
such a Certificate of Acknowledgment. Simply cross it out and attach a California All-
Purpose Acknowledgment form to the document and place your notary seal on this
completed acknowledgment instead. Your seal impression must be placed on the form
which contains the correct notarial wording.
A very good example of an acknowledgment used by another state which the
notary should not complete is shown below which is an excerpt from a Corporate
Acknowledgment used in a different state.
STATE OF _______________
COUNTY OF _____________
On this __________ day of __________________, ______________, before me, the undersigned,
a Notary Public in and for the State of ____________________, duly commissioned and sworn,
personally appeared ___________________________________________to me known or
proved to me to be the ___(capacity of signer; ie. CEO, CFO, Secretary) of ____(name of
company) ___, the corporation that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act of and deed of said corporation, for the uses and
purposes therein mentioned…. (Continued)
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Notice that this acknowledgment requires the notary to certify or personally know
the capacity of the signer (such as CEO). You should use an All Purpose
Acknowledgment form for documents with this acknowledgment verbiage. Cross out this
acknowledgment with a single diagonal line and attach a Loose Certificate All Purpose
Acknowledgment Form to the document. (See page A-1)
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Beginning January 1, 2008, any notary who willingly falsifies a Certificate of
Acknowledgment may be prosecuted for perjury by a public prosecutor. A civil penalty
of up to $10,000 may be brought by the Secretary of State in an administrative
proceeding or by a public prosecutor in superior court. The notary also may be liable for
any financial liabilities which may have resulted from the perjury.
Finishing Up the Acknowledgment
WITNESS my hand and official seal.
(Notary Seal)
(Notice that your signature is placed underneath this phrase, not just anywhere on the document)
__________________________________
(SIGNATURE OF NOTARY)
WITNESS my hand and official seal indicates that the notary should sign here as
his or her name appears on the commission and place the notary seal close to the name.
You are now finished this portion of the notary act. Even though it may look
daunting to you at first, this process really only takes a few minutes.
If you find it necessary to complete the All-Purpose Acknowledgment for some of
the reasons indicated above, you must attach that to the document you are notarizing. Be
sure to fill out the optional information section as well. Although not required legally, if
you do need to complete an All-Purpose Acknowledgment form you should fill out as
much of this section as you can because it helps to further insure against potential
fraudulent activities. This is crucial when filling out a loose certificate since without your
remarks indicating the referencing document, the loose certificate may be attached to any
form inadvertently or because someone is trying to take advantage of the signer.
Suppose, for example, a property owner wants to have their property homesteaded
and completes the appropriate paperwork do so. When having the document notarized,
the notary would need to use a loose certificate if the correct acknowledgment verbiage is
not on the form.
But suppose the notary did not fill in the optional section? What might happen if a
relative finds the notarized Homestead and, after tearing off the loose certificate from the
Homestead, attaches it illegally and fraudulently to a Grant Deed which now grants the
property from the legal owner to himself or herself. After forging the grantor’s signature,
the relative now has a loose certificate acknowledgment which was meant for a
homestead now attached to an illegal grant deed.
Once the document is recorded the property transfer is complete at least until the
fraudulent activity charges are filed and proven. The notary simply filling out the optional
section of the acknowledgment form could have thwarted this fraudulent activity.
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Filling out the optional section is quite simple. If the signer is claiming to be the
president of a corporation, you should indicate that title as well as the name of the
corporation in the indicated areas. If the signer is one or more individuals, indicate self or
individual(s) in this section. Also be sure to fill out the areas requesting the Title of the
Document and the Date of the Document.
Completing an Acknowledgment for Other States
As you have already seen, different states may have different forms with different
acknowledgment verbiage. We have already mentioned that a notary is permitted to
notarize documents from another state so long as the notary complies with California
notary law. When completing an Acknowledgment in California, the notary must use
California’s version of the Certificate of Acknowledgment unless the document will be
recorded in another state. As long as the verbiage on the Certificate of
Acknowledgment does not require to notary to do something illegal, such as certify the
capacity of the signer, if the document will be recorded in another state, the notary is
permitted to use the acknowledgment verbiage provided for that state. All other
documents requiring a Certificate of Acknowledgment, regardless of their origin must
have the proper California acknowledgment verbiage. The recorder’s office may reject
the filing if the acknowledgment verbiage is not complete or correct. If the form does not
have this verbiage already there, use an All-Purpose Acknowledgment form.
Completing Acknowledgments for Faxed Documents
Remember that the document must be present before the notary and the notary
must complete the notary act at the time of notarization. It is permissible for a notary to
notarize a document which has been photocopied, faxed or delivered in any other similar
manner, as long as the signer is present before the notary at the time the notary seal is
affixed and the notarial verbiage is completed, and the signature on the document is an
original. It is illegal to notarize any document, whether faxed, mailed or otherwise
delivered if the document signer is not present before the notary at the time of
notarization. It is also illegal for a notary to not complete the notary act at the time of
notarization. This includes the filling out of the notarial verbiage, sealing with the notary
seal, signing the document as the notary and attaching the notary verbiage to the
document, if necessary.
During your career as a notary, you may be asked to “backdate” a notarization or
complete a notarization such as an acknowledgment for someone who is not personally
appearing before you at the time you complete the notarization, especially when it comes
to faxed documents. This request is illegal and can subject the person making the request
to criminal prosecution as it is a misdemeanor to request that a notary perform illegal
services. Of course, as stated several times already, it is also illegal for you to comply
with such a request.
For example, suppose you notarize a set of loan documents for someone the day
before and the lender calls you to inform you that they forgot to include an important
form which also must be notarized. The lender informs you that they have had the
borrowers sign the document and may request you to allow the new document to be faxed
to you so you can complete the acknowledgment and fax it back to them so the loan will
close on time. If you comply with this request, you are violating notary law and
36
subjecting yourself to both criminal prosecution as well as personal liability should the
documents be contested at a later time.
Administering a Jurat
Our discussion now brings us to the other frequently requested notary act known
as “administering a jurat”. A jurat means that the notary has required that the party swear
under an oath or affirmation that the contents of the document being notarized are true.
The difference between an affirmation and an oath is the reference to God or a supreme
being. There is no exact requirement for jurat wording. A sample affirmation might be
worded as follows: “Do you swear that the information contained in this document is true
and correct to the best of your knowledge?” A sample oath might be, “Do you swear that
the information contained in this document is true and correct to the best of your
knowledge, so help you God?” You might have them raise their right hand but this action
is not required. Whether you wish to administer an oath or affirmation is up to you as the
notary, but you must do one of the two. Any jurat completed without an oath or
affirmation can be overturned in court and the document can be voided until proper
notarization.
As you can see, this process is intended to appeal to the conscience of the signer.
You as the notary do not have to have evidence that the content within the document is
true as an affirmative statement from the document signer is sufficient. Remember that
you, the notary never guarantee the truthfulness of the document in either an
acknowledgment or a jurat. With a jurat, you are guaranteeing that the person appeared
before you at the time of notarization and that you issued the oath or affirmation and that
the signer responded affirmatively.
A jurat is identified by the wording “Subscribed and Sworn to” immediately
above the place where the notary public signs his/her name. Please note the following
requirements:
The signer must personally appear before the notary on the date and in the
county indicated.
The signer must sign in the presence of the notary public.
The notary public must administer the oath, for example, “Do you swear or
affirm that the statements in this document are true?”
Beginning 2005, the signer of a jurat must be properly identified.
How to Fill Out a Jurat
State of California
County of __________________
Subscribed and sworn to (or affirmed) before me on this _______ day of __________, 20__ by
____________________, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
____________________________ (Notary Seal)
Signature of Notary
Effective 2008, this wording is the proper verbiage for a Jurat and if it is not pre-
printed on the form, you will need to write it in or use a jurat stamp on the form. For
acknowledgments, if the verbiage needs to be added, we usually use an All-Purpose
37
Acknowledgment form, but jurat verbiage is small enough that you can usually get away
with stamping the verbiage on the document itself. For this, we use a stamp conveniently
known as a “Jurat Stamp”. You will then sign it as the notary and seal it with your notary
stamp.
Another reminder that since a jurat is meant to appeal to the conscience of the
signer because the signer must swear to the truthfulness of the contents of the documents,
the document MUST be signed at the time of notarization, not before. If it has been
signed before, you must require re-signing after you give the oath or affirmation and prior
to placing your notary seal on the document.
Prior to 2005, identification of the document signer was not necessary, but as a
general rule, notaries always obtained identification information from the signer
regardless. Beginning 2008, all jurats must be completed in the new format which
requires a statement regarding proper identification of the signer.
The Distinction Between Jurats and Acknowledgments
The essential purpose of a jurat differs from an acknowledgment in that the signer
must swear an oath or affirmation that the contents of the document are true. This is not
the case with documents requiring an acknowledgment. Additionally, a document
requiring a jurat may only be signed in front of a notary since the notary must require the
oath or affirmation from the document signer(s). If the document was signed beforehand,
it must be re-signed at the time of notarization.
It is important to point out once again that for both acknowledgments and jurats,
the signer or signers must personally appear before the notary at the time of notarization
and must provide proper identification to the notary.
Unlike Acknowledgments, all jurats completed in California must have California
verbiage without regard to where they will be recorded. If a document which requires a
jurat does not have the new California verbiage, you will need to add it to or attach it to
the document before sealing with the notary seal.
How Will You Know if a Document Requires an Acknowledgment or Jurat? Remember that this decision is not yours, it is the client’s. However, the intent is
that if the document to be notarized contains wording in which the signer is swearing to
the truthfulness of the contents within the document, you will use a jurat unless otherwise
instructed. In almost every instance, every other form requiring notarization will require
an acknowledgment. Most documents presented before a notary will already include the
proper verbiage; however, as previously discussed, not all document have the right
verbiage. The notary is not supposed to advise the client as to which act to perform and to
do so is considered to be practice of law. Of course, few people who are not notaries will
know which act to perform, but remember that if you direct the client to a specific notary
act and it turns out to be the wrong one, you may be held liable for losses arising from the
improper act. You are supposed to require your client to refer to the advice of the
originator of the document.
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Part 2
Providing Certified Copies of Power of Attorney Let’s briefly discuss what a Power of Attorney is before we move on to
certification of a Power of Attorney. A Power of Attorney is a document which delegates
or legally allows one person to sign documents on behalf of another party. A General
Power of Attorney may allow the person to sign almost any document without
restrictions while a Specific Power of Attorney will specify which types of transactions
are permissible. For example, a Power of Attorney may be used when a husband and wife
are purchasing property and one of the two is not available at the time of loan signing. A
Specific Power of Attorney may be granted by the absent spouse which allows the other
spouse to sign the documents on his or her behalf. This is a specific power of attorney
because it is specific to this particular real estate transaction.
When the person delegated with the right to sign on someone else’s behalf, the
correct method of signing should be followed. Suppose Jane Doe has the Power of
Attorney for John Doe. Jane Doe will sign the document: John Doe by Jane Doe, as his
Attorney in Fact. The words, “as his Attorney in Fact” indicate that she has a Power of
Attorney for John Doe and may legally sign the document on his behalf.
Sometimes a notary may be requested to provide a certified copy of a Power of
Attorney. A certified copy means that the certifying person, has examined the original
document and the copy and that the copy is a true and correct duplicate of the original
document. If someone brings you a copy of a power of attorney to be certified, you must
have in front of you both the original and the copy for comparison purposes. Most
notaries will simply make their own copy and certify that copy rather than read and
compare each word with the original.
Sample Certification of Power of Attorney
State of California
County of ______________
} s
s
.
I ______________________(name of notary), Notary Public, certify that on
_____________(date), I examined the original power of attorney and the copy of the
power of attorney. I further certify that the copy is a true and correct copy of the original
power of attorney.
__________________________
Notary Signature (Notary Seal)
A copy Power of Attorney is the only document in California that a notary
may certify other than copies of his or her own sequential journal.
Part 3
Required Notary Procedures It might be easily argued that the most important duty of a notary is that all
notarial acts performed are required to be recorded formally so that anyone questioning a
signed document, whether it is soon after the signing or years later, can request a copy of
the notary’s recorded information. Since the notary must retain specific information about
39
every document signed in a Journal of Notarial Records, the notary journal becomes
important evidence for the public. This notary procedure alone does much to assist in
minimizing such fraudulent claims.
Recording the Notarial Act
To complete the notarial act a notary is required to obtain and use an official
Journal of Notarial Records which will retain certain information concerning any notary
act performed during the notary’s commission. A notary public is only permitted to keep
one active sequential journal at a time which records of all official acts performed as a
notary public. All entries must be entered in date and time order. The journal must be
kept in a locked and secured area, under the direct and exclusive control of the notary.
Failure to secure the journal may be cause for the Secretary of State to take
administrative action against your commission. This means that your commission may be
suspended or revoked.
The journal should include the required information as listed below as well as any
additional information the notary feels may benefit him or her should a notarial act be
questioned in the future. For example, if a notary refuses to notarize a document, the
notary may wish to record the details of that in their journal for later reference.
The journal must contain the following information:
1) Date & time the document is notarized
2) The type of notary act performed (acknowledgment or jurat)
3) The character (almost always the name) of the document notarized
(such as Grant Deed)
4) A statement as to the identity of a person making an
acknowledgment or taking an oath or affirmation which must be based
on satisfactory evidence.
5) Name of the identification document (such as driver’s license) or an
indication that credible witnesses were used and pertinent
identification information about the credible witness when required
(see chapter 5).
6) Serial number of the identification document, i.e. driver’s license
number
7) Date of issue or expiration of the identifying document
8) Signature of the person
9) Fees charged for notary services
10) Right thumbprint is required for a Power of Attorney and for Deeds
(for example, Warranty Deeds, Quitclaim Deeds, Grant Deeds) or
Deeds of Trust affecting real property. ***Please note that not all
documents with the word Deed in their title require a right thumbprint!
For example, Thumbprints are not required for Deeds of
Reconveyance or for a Trustee’s Deed if the Property is in
foreclosure. (When a property loan is paid in full, a Deed of Reconveyance is
issued; a Trustee’s Deed is issued for transfer of property which has been placed into
foreclosure.)
If the right thumbprint is unavailable, use a left thumbprint or any available finger
but be sure to indicate what was used. If the signer is unable to provide a print, the notary
must document the inability and state an explanation as to why the fingerprint was
40
unavailable. Failure to obtain a thumbprint when required is subject to a civil penalty of
up to $2,500.
Also note that addresses and birth dates are not required for journal entry. You
will find a sample journal entry in the appendix of this study guide on page A-5.
Chapter Summary
COMPLETING THE NOTARY ACT
PERFORMING ACKNOWLEDGMENTS
1. A certificate of acknowledgment is completed when the document
signer
a) Personally appears before the notary at the county and
date of the notary request which must be indicated on the
certificate of acknowledgment. (This is the notary verbiage
completed by the notary which MUST be completed at the
time of notarization.)
b) The signer must sign the document or acknowledge to the
notary that he or she signed the document in his or her
authorized capacity, (i.e. CEO, Partner, individual).
c) The document signer must be properly identified by the
notary (see next chapter).
2. Acknowledgments should never be completed for a document not
presented in person by the document signer and the acknowledgment
verbiage must be completed at the time the seal and notary’s signature are
placed onto the document. If using a separate Certificate of
Acknowledgment form, that form should be affixed to the document in
order to complete the notary process.
Completing Acknowledgments for Faxed Documents
3. Remember that the document must be present before the notary and the
notary must complete the notary act at the time of notarization. It is
permissible for a notary to notarize a document which has been
photocopied, faxed or delivered in any other similar manner, as long as the
signer is present before the notary at the time the notary seal is affixed and
the notarial verbiage is completed. The signature on the document;
however, must be an original! It is illegal to notarize any document,
whether faxed, mailed or otherwise delivered if the document signer is not
present before the notary at the time of notarization. It is also illegal for a
notary to not complete the notary act at the time of notarization. This
includes the filling out of the notarial verbiage, sealing with the notary
seal, signing the document as the notary and attaching the notary verbiage
to the document, if necessary.
4. During your career as a notary, you may be asked to “backdate” a
notarization or complete a notarization such as an acknowledgment for
41
someone who is not personally appearing before you at the time you
complete the notarization. This request is illegal and can subject the
person making the request to criminal prosecution as it is a misdemeanor
to request that a notary perform illegal services. It is, of course, also illegal
for you to comply with such a request and the notary can be prosecuted for
forgery which could be either a misdemeanor or a felony. A notary public
who willfully states as true any material fact he or she knows to be false
shall be subject to a civil penalty not exceeding $10,000 which may be
brought by the Secretary of State in an administrative proceeding or a
public prosecutor in superior court. The notary can also serve 2, 3 or 4
years in prison and may be required to repay any financial liabilities which
may have resulted from the falsification.
5. California state law allows notaries to use the acknowledgment verbiage
from other states if the document will be recorded in that other state.
The acknowledgment verbiage may be different from the California
verbiage but may be verbiage required in that other state. The critical
issue here is that the verbiage may not require the notary to do
anything illegal. For example, a California notary may not determine
or certify that the signer holds a particular representative capacity.
Acknowledgments made in California require that the signer simply claim
their authorized capacity which is not necessarily known or proven to the
notary. Other states may require that the notary know or otherwise certify
the capacity of the signer.
6. Notaries commissioned in California are governed by the laws of
California but a notary may notarize any document from any other
state as well so long as the notary act is completed in California.
7. Acknowledgment verbiage is very important especially with documents to
be filed in California. Beginning January 1, 2008, the wording on a
Certificate of Acknowledgment completed in California for all documents
except those to be recorded in another state must read as follows:
STATE OF CALIFORNIA
COUNTY OF _________________
On ______________ before me, __________________________________________________________
personally appeared _____________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________ ( Notary Seal) (SIGNATURE OF NOTARY)
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8. See page A-1 for an example of an All-Purpose Acknowledgment. Also
referred to as a “loose certificate”, and A-2 for an example of a properly
executed acknowledgment on a Grant Deed.
9. An example of an acknowledgment which a notary in California may not
complete is as follows: STATE OF _______________
COUNTY OF _____________
On this __________ day of __________________, ______________, before me, the undersigned,
a Notary Public in and for the State of ____________________, duly commissioned and sworn,
personally appeared ___________________________________________to me known or proved
to me to be the ___(capacity of signer; ie. CEO, CFO, Secretary) of ____(name of company) ___,
the corporation that executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act of and deed of said corporation, for the uses and purposes therein
mentioned…. (Continued)
This is excerpt from an actual Corporate Acknowledgment used in at least one
other state. Notice that this acknowledgment requires the notary to certify or
personally know the capacity of the signer (such as CEO). You should use an
All Purpose Acknowledgment form for documents with this acknowledgment
verbiage. Cross out this acknowledgment with a single diagonal line and attach a
Loose Certificate All Purpose Acknowledgment Form to the document. (See
page A-1)
10. The notary may use one acknowledgment form for multiple signers, but
each signer must personally appear before the notary at the time of
signing. If notarizing a single document for multiple signers at different
times, the notary must use a separate acknowledgment for each event.
11. The signer of an acknowledgment may have signed the document
previously so long as the signer acknowledges that he/she/they signed the
document.
ADMINISTERING JURATS
12. This notary act is sometimes also referred to as “taking an affidavit”. A
jurat is used when the signer must swear to the truthfulness of the
contents within the document to be notarized. Effective 2008, the new
verbiage for Jurats must also include a statement that the signer provided
acceptable identification to the notary upon signing. An example of an
acceptable jurat wording is as follows:
Example of a Jurat Stamp effective 2008
State of California
County of __________________
Subscribed and sworn to (or affirmed) before me on
this _______ day of __________, 20__ by ____________________, proved to me on the basis
of satisfactory evidence to be the person(s) who
appeared before me. ____________________________ (Notary Seal)
Signature of Notary
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13. The notary must administer an oath or affirmation when completing a
jurat. There is no exact required wording but an example might be: “Do
you swear (or affirm) that the contents in this document are true?”
14. The signer of a jurat must sign the document at the time of notarization
since he or she is “subscribing and swearing” an oath to the notary.
15. If the document to be notarized requires a jurat and the required jurat
verbiage is not preprinted on the form, you may use a jurat stamp. Unlike
Acknowledgments, all jurats completed in California must have California
verbiage without regard to where they will be recorded. If a document
which requires a jurat does not have the new California verbiage, you will
need to add it to or attach it to the document before sealing with the notary
seal. Be sure to always place your notary seal as close to your
signature as possible!
16. If a person signing a document cannot communicate to you in your
language, the notary must refuse to notarize that document and instruct
the person to find a notary who does speak their language. Utilizing an
interpreter brought in by the client is not permissible since the interpreter
may have ulterior motives or something important may be lost in the
translation.
17. The certificate of acknowledgment or the jurat, whether pre-printed or an
attached loose certificate must be filled out and completed at the time
that the notary’s seal and signature are affixed. Failure to do so can result
in suspension or revocation of your commission.
18. When completing the VENUE section of either an acknowledgment or
a jurat, indicate the state and county where the document was actually
notarized.
Recording the Notarial Act
19. To complete the notarial act a notary is required to obtain and use an
official Journal of Notarial Records which will retain certain information
concerning any notary act performed during the notary’s commission. A
notary public is only permitted to keep one active sequential journal at a
time which records of all official acts performed as a notary public. All
entries must be entered in date and time order. The journal must be kept in
a locked and secured area, under the direct and exclusive control of the
notary. Failure to secure the journal may be cause for the Secretary of
State to take administrative action against your commission. This means
that your commission may be suspended or revoked.
The journal should include the required information as listed below as
well as any additional information the notary feels may benefit him or her
should a notarial act be questioned in the future. For example, if a notary
44
refuses to notarize a document, the notary may wish to record the details
of that in their journal for later reference.
The journal must contain the following information:
1) Date & time the document is notarized
2) The type of notary act performed (acknowledgment or jurat)
3) The character (almost always the name) of the document notarized
(such as Grant Deed)
4) A statement as to the identity of a person making an
acknowledgment or taking an oath or affirmation which must be based
on satisfactory evidence.
5) Name of the identification document (such as driver’s license) or an
indication that credible witnesses were used and pertinent
identification information about the credible witness when required
(see chapter 5).
6) Serial number of the identification document, i.e. driver’s license
number
7) Date of issue or expiration of the identifying document
8) Signature of the person
9) Fees charged for notary services
10) Right thumbprint is required for a Power of Attorney and for Deeds
(for example, Warranty Deeds, Quitclaim Deeds, Grant Deeds) or
Deeds of Trust affecting real property. ***Please note that not all
documents with the word Deed in their title require a right thumbprint!
For example, Thumbprints are not required for Deeds of
Reconveyance or for a Trustee’s Deed if the Property is in
foreclosure. (When a property loan is paid in full, a Deed of Reconveyance is
issued; a Trustee’s Deed is issued for transfer of property which has been placed into
foreclosure.)
If the right thumbprint is unavailable, use a left thumbprint or any available finger
but be sure to indicate what was used. If the signer is unable to provide a print, the notary
must document the inability and state an explanation as to why the fingerprint was
unavailable. Failure to obtain a thumbprint when required is subject to a civil penalty of
up to $2,500.
Also note that addresses and birth dates are not required for journal entry. You
will find a sample journal entry in the appendix of this study guide on page A-5.
Check Your Knowledge
1. One of the most common duties of a notary is to take an acknowledgment. An
acknowledgment means that the person who signed the document
___________________ appears before the notary and _____________________
that they signed the document.
2. Additionally, the notary must ___________________ the identity of the signer
when completing an acknowledgment.
45
3. For both the acknowledgment and the jurat, the person signing the document must
_____________________ appear before the notary. The acknowledgment may be
signed beforehand since the person appearing before the notary will acknowledge
his or her signature, but the signer of a jurat must sign in front of the notary since
he or she must be given an oath or affirmation at the time of signing.
4. Beginning 2005, the notary is also required to verify the identity of the signer of
an affidavit when the notary completes a _______________.
5. A notary must administer an ___________ or an affirmation when completing a
jurat. This act is not negotiable! A jurat document signed without the oath or the
affirmation can be nullified in court.
answers: 1. personally; acknowledges 2. verify 3. personally 4. jurat 5. oath
CHAPTER 5
QUICK REVIEW AND PROPER IDENTIFICATION
Chapter Objective:
This section reviews the Acknowledgment and Jurat. It explains the
proper and acceptable forms of identification in addition to explaining
proper procedure should a person not have identification available. The
student will know what kinds of identification documents are acceptable
for notarizing signatures and will know the proper procedures for
obtaining acceptable identification when identification documents are
not available.
Part 1
Review: Completing the Notarial Act Remember that before NOTARY PUBLIC completes and Acknowledgment or
Jurat that notary must insure that:
1) the notary always remains an IMPARTIAL WITNESS to the signing
of documents which they notarize
a. As an impartial witness, a notary may never notarize
documents for his or her own signature or any document which
has a direct financial or beneficial interest to the notary.
b. With respect to a financial transaction a notary acting in the
capacity of an attorney, agent, employee, insurer, escrow, or
lender for the person having a direct beneficial or financial
interest may notarize the document.
c. In California, a notary may notarize documents for a spouse or
relative, but that document may not have a direct beneficial or
financial interest to the notary. Notaries should be very careful
in what documents they notarize for spouses in California
because of the community property laws
2) The principal personally appears at the time of notarization
3) The document is complete
a. The notary is not responsible for the contents of the document
unless there is knowledge of fraud before notarization
4) The notary is able to communicate with the principal without the aid of
a translator (even certified translators are not allowed).
5) The signer(s) are properly identified through satisfactory evidence
6) That if the notarial certificate is an Acknowledgment:
a. the principal must acknowledge signing the document if the
document was not signed in the notary’s presence.
b. The notarial certificate must exactly match the standard version
as dictated by the California Secretary of State unless the
document is to be filed in another state. If not attach a loose
certificate instead with the statutory wording.
47
c. standard verbiage is as follows:
STATE OF CALIFORNIA
COUNTY OF _________________
On _____________ before me, _______________________________________
personally appeared_______ ______________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________ ( Notary Seal)
(SIGNATURE OF NOTARY)
d. A notary can use the Acknowledgment provided when filed in
another state, only if does not ask the notary to verify the
capacity of the signer.
7) That if the notarial certificate is a Jurat:
a. the signer swears to the truthfulness of the statements within
the document in front of the notary.
b. the signer signed the document in the notary’s presence.
c. the notarial certificate used is the standard Jurat certificate
mandated by the California Secretary of State
8) Be sure to complete the notarial certificate at the time of signing and
sealing
9) Be sure that all 4 components of the notarial certificate are complete:
a. Venue
b. Verbiage
c. Signature
d. Seal
State of California
County of __________________
Subscribed and sworn to (or affirmed) before me on
this _______ day of __________, 20__ by
____________________, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
____________________________ (Notary Seal) Signature of Notary
48
Part 2
Satisfactory Evidence for Proving Identity As you now know, identity must be proven to the notary for acknowledgments
and jurats. In fact, completing a notary act without obtaining acceptable identification can
subject the notary to a civil penalty of up to $10,000 brought by the Secretary of State or
a public prosecutor.
There are three means of proving identity:
Proven identity through proper identification documents.
Credible witness or witnesses
Subscribing Witness
This, of course assumes that you, the notary do not have any evidence or reason to
believe that the person requesting the notarization is not the person he or she claims to be.
In other words, if you know that someone is committing signature forgery, you obviously
may not notarize the document.
Proven Identity Through Proper Identification Documents
The notary may satisfy the identification requirement by accepting one to the
following:
1) An identification card or driver’s license issued by the California
Department of Motor Vehicles which is current or has been issued
within the past 5 years.
2) A passport issued by the Department of State of the United States
which is current or has been issued within the past 5 years.
3) The use of any one of the following, as long as the document is current
or has been issued within five years and it contains a photograph and
description of the person named on it, signed by the person, and
MUST bear a serial or other identifying number. If the document is a
foreign passport, it must be stamped by the United States Citizenship
and Immigration Services. (The USCIS stamp is adequate to meet this
requirement).
(A) A passport issued by a foreign government.
(B) A driver’s license issued by a state other than California or by a
Canadian or Mexican public agency authorized to issue
drivers’ licenses.
(C) An identification card issued by a state other than California.
(D) An identification card issued by any branch of the armed forces
of the United States.
(E) An inmate identification card issued by the Department of
Corrections, if the inmate is in custody. (Not an ID bracelet)
49
(F) An employee identification card issued by an agency or office
of the State of California, or by any agency or office of a city,
county, or city and county in this state.
You should never accept an international driver’s license as proof of
identification. While there are legitimate international driver’s licenses, these can also be
obtained through the internet with no verification of identity. Also, you should note that
social security cards cannot be used since they do not meet the above listed criteria nor
should credit cards be used even if they do have a picture of the person.
It is important to again reiterate that a signer’s identity document must contain at
least as much information as contained in the signature. For example, when notarizing the
signature, John Smith, Jr., the “Jr.” must also appear on the identity document. The
identity document can contain more information as the signature, but never less. If
someone signs the document as Mary Ann Smith and her driver’s license only has Mary
Smith, you must use an alternate form of identification that has her name in the form of
Mary Ann Smith. Similarly, John W. Jones, II must have an identity document with at
least John W. Jones, II.
Effective January 1, 2008, personal knowledge alone is not acceptable
identification. The document signer must present acceptable identification to the notary
even if personal knowledge exists.
Alternative Forms of Identity
Credible Witness
If someone is requiring notarial services but lacks the proper
identification, we can use a procedure called a obtaining a credible witness. A credible
witness must personally know the signer and be personally known by the notary public.
The credible witness will prove their identity through the specified identification
documents. In addition, the credible witness must swear the following oath or
affirmation:
1) that the person making the acknowledgment is the person named
within the document
2) that the person making the acknowledgment is personally known to the
credible witness;
3) that it is the reasonable belief of the witness that the circumstances of
the person making the acknowledgment are such that it would be very
difficult or impossible for that person to obtain another form of
identification;
4) that the person making the acknowledgment does not possess any of
the identification documents named above
5) that the witness does not have a financial interest in the document
being acknowledged and is not named in the document.
If the notary does not personally know the Credible Witness, then two Credible
Witnesses may be used whose identities are proven to the notary. Please note again that
credible witnesses may not have any financial interest in the document, nor may they be
named within the document!
50
The Credible Witness(s) do not sign the document but must sign the notary
journal. Identification for the two Credible Witnesses must be recorded in the nearby
their signature. Remember that a single credible witness must personally be known by the
notary and must personally know the signer.
Subscribing Witness (Also known as Proofs of Execution)
When a person has signed or wishes to sign a document but cannot personally
appear before a notary, the signer can request another person to sign the document as a
witness to the principal signer’s signature and have the document notarized. That person
is called a subscribing witness. The subscribing witness must either witness the
document signer signing the document or have the document signer acknowledge that he
or she did sign the document. The subscribing witness must personally know the identity
of the document signer and the subscribing witness must be personally known by
someone who knows a notary public. In other words, his or her identity must be
established, or proven by a third party. That third party must personally know the
subscribing witness and be personally known by the notary public. That third party is
called a credible witness.
Since the subscribing witness must be personally known by one credible witness
who also knows the notary, a notary’s personal knowledge or paper identification
satisfying the requirements for satisfactory evidence is never used to verify the
subscribing witness identity. The subscribing witness must swear under oath that:
1) the subscribing witness either saw the principal sign the document or
heard the signer acknowledge that he or she signed the document.
2) the principal requested that the subscribing witness sign the document
as a witness
The subscribing witness must sign the document as well as the notary’s official
journal as the document signer. In addition, the credible witness must also sign the
identification column of the notary’s official journal.
Notice that the credible witnesses only signs the journal and not the document
whereas the subscribing witness must sign both.
A document called a Subscribing Witness Jurat, also referred to as a “Proof of
Execution” must then be filled out and stamped to complete the notarization act. See page
A-4 for an example of a Proof of Execution. You will notice that it is a special kind of
jurat since the signer must swear that he or she either witnessed the signing of the
document or that the signer acknowledged his or her signature to the Subscribing
Witness.
Example Please!
You may be wondering when a subscribing witness would ever be used. Suppose
a boss needs to sign a contract prior to leaving, so the boss asks his secretary, Janice, to
witness the signing, sign the document as a witness, and then have it taken to be
notarized. The secretary would comply, then take the document to her longtime friend,
Stella, who works in Human Resources. Stella’s daughter is a Notary Public who works
in the office next door. Janice and Stella would take the document to the Notary Public
51
who is known by Stella. The notary. Stella’s daughter, would then follow the procedures
for proof of execution and notarize the document.
A proof by a subscribing witness cannot be used in conjunction with any Deed
of Trust, Mortgage, Security Agreement, Quitclaim Deed, or Grant Deed document.
As in the case of right thumbprints, a Proof by Subscribing witness may indeed be used
for a Deed of Reconveyance and a Trustee’s Deed if the property is in foreclosure. These
two documents are singled out because while they do contain the word “Deed” in them,
they do not require thumbprints and they may be used with a subscribing witness.
If you would like to see diagrams which illustrate the usage of Credible Witnesses
or Subscribing Witnesses, look ahead to the chapter summary beginning with point
number 5.
Part 3
Related Procedures
Signature by Mark
If the signer of an instrument cannot write (sign) his or her name, that person may
sign by mark (x). The requirements for signature by mark are as follows:
The signer’s mark must be witnessed by two persons who must subscribe their
own names as witnesses on the document. One witness should write the person’s name
next to the person’s mark and then the witness should sign his or her name as a witness.
The witnesses are only verifying that they witnessed the individual make his or her mark
on the signature line of the document. A notary public is not required to identify the two
persons who witnessed the signing by mark or to have the two witnesses sign the notary’s
journal.
Exception If the witnesses were acting in the capacity of credible witnesses in establishing
the identity of the person signing by mark, then the witnesses’ signatures must be entered
in the notary’s journal.
Example of signature by mark
Date: August 18, 2003 Name: X John Smith by: Mary Jones (Witness #1)
Peter R. Roberts (Witness #2)
You can easily see here that Mary Jones signed John Smith after Mr. Smith
placed his mark (x) on the document. Peter R. Roberts signs as a witness but does not
need to resign Mr. Smith’s name.
It is important to note that when you perform a notarization for a person who is
signing by mark, you must still verify the identity of the person signing by mark! In
addition, you must have that person also sign the journal with his or her mark. That
person must also sign under his or her own power. It may be acceptable for someone to
support his or her arm during the signing, but the notary cannot allow the person helping
to make the mark or signature for the person by guiding the signer’s hand.
52
Chapter Summary QUICK REVIEW AND PROPER IDENTIFICATION
REVIEW OF THE NOTARIAL ACT
1. Remember that before NOTARY PUBLIC completes and
Acknowledgment or Jurat that notary must insure that:
a) the notary always remains an IMPARTIAL WITNESS to the
signing of documents which they notarize
b) As an impartial witness, a notary may never notarize
documents for his or her own signature or any document which
has a direct financial or beneficial interest to the notary.
c) With respect to a financial transaction a notary acting in the
capacity of an attorney, agent, employee, insurer, escrow, or
lender for the person having a direct beneficial or financial
interest may notarize the document.
d) In California, a notary may notarize documents for a spouse or
relative, but that document may not have a direct beneficial or
financial interest to the notary. Notaries should be very careful
in what documents they notarize for spouses in California
because of the community property laws
e) the principal personally appears before the notary at the time of
notarization and on the date and county indicated on the
certificate
f) the document is complete
The notary is not responsible for the contents of the
document unless there is knowledge of fraud before
notarization
g) the notary is able to communicate with the principal without
the aid of a translator (even certified translators are not
allowed).
h) the signer(s) are properly identified through satisfactory
evidence
i) If the notarial certificate is an Acknowledgment:
the principal must acknowledge signing the document if
the document was not signed in the notary’s presence.
the notarial certificate must exactly match the standard
version as dictated by the California Secretary of State
unless the document is to be filed in another state. If
not attach a loose certificate instead with the statutory
wording
statutory verbiage:
53
STATE OF CALIFORNIA
COUNTY OF (Name of County in which the notary act occurred)
On (Date of Notary Act) before me, (Notary’s name as on the commission ),―Notary Public‖
Personally appeared (Name of person(s) acknowledging their signatures at the time of notarization) who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________ (Notary Seal) Signature of Notary
A notary can use the Acknowledgment provided when
recorded in another state, only if it does not ask the
notary to verify the representative capacity of the
signer.
j) That if the notarial certificate is a Jurat:
the signer swears to the truthfulness of the statements
within the document in front of the notary.
the signer signed the document in the notary’s presence.
the notarial certificate used is the standard Jurat
certificate mandated by the California Secretary of
State
k) Be sure to complete the notarial certificate at the time of
signing and sealing
l) Be sure that all 4 components of the notarial certificate are
complete:
Venue
Verbiage
Signature
Seal
State of California County of Name of County in which the notary act occurred)
Subscribed and sworn to (or affirmed) before me on this _______ day of _______________, 20____ (date of
notarization) by (name of affiant(s)_______________, proved to
me on the basis of satisfactory evidence to be the person(s) who appeared before me.
____________________________ (Notary Seal)
Signature of Notary
54
PROPER IDENTIFICATION
2. The methods for proving identity include
a) Using acceptable identification documents
b) Using one or two Credible Witnesses
c) A Subscribing Witness
3. Personal knowledge alone between the document signer and the
notary is no longer acceptable identification. Even if the notary personally
knows the document signer, proper identification documents must be
presented to the notary. Failure to obtain proper identification documents
for someone can subject the notary to a civil penalty of up to $10,000.
4. Acceptable identification documents: Any one of the following, as long
as the document is current or has been issued within five years and
contains a photograph and description of the person named on it, is
signed by the person, and MUST bear a serial or other identifying
number.
a) An identification card or driver’s license issued by the
California Department of Motor Vehicles or any other State
DMV or similar office (such as Bureau of Motor Vehicles).
b) An identification card issued by any branch of the armed
forces of the United States. c) A passport issued by the Department of State of the United
States. (U.S. Passports do not require a physical description).
d) A passport issued by a foreign government which must be
stamped by the United States Citizenship and Immigration
Services. (The USCIS stamp is adequate to meet this
requirement).
e) A driver’s license issued by a state other than California or
by a Canadian or Mexican public agency authorized to issue
drivers’ licenses.
f) An inmate identification card issued by the Department of
Corrections, if the inmate is in custody. (Not an ID bracelet)
g) An employee identification card issued by an agency or office
of the State of California, or by any agency or office of a city,
county, or city and county in this state.
5. The signature on the document should match the name as it is referred to
within the document. The identification document (for example Driver’s
license) used for signature verification can contain more information than
the signature, but never less. For example, if a document is signed with the
name of John S. Smith, Sr., the identification can include John S. Smith,
Sr., or even John Stanley Smith, Sr. If, however, the identification
document does not have the “Sr.” indication, the notary may not use that
55
document for identification purposes. Again, the identification
document can contain more information than the signature, but never
less.
6. The use of a credible witness as identification- If someone is requiring a
notary but lacks the proper identification, we can use a procedure called a
obtaining a credible witness. A credible witness must personally know
the signer and must be personally known by the notary.
If the notary does not personally know the credible witness, then two
credible witnesses may be used whose identities are proven to the notary
upon the presentation of satisfactory evidence.
Document Signer
without ID Notary Public who
personally knows the credible witness
Credible witness who
personally knows the
signer
Document signer
without ID Notary Public Two Credible witnesses
who know the signer.
I need your
ID’s Please
Document Signature:
Daniel C. Jones , III Daniel C. Jones, III
Driver’s License has:
Daniel C. Jones
Signed as:
Daniel C. Jones
We must not use this Driver’s License for
documents signed as Daniel C. Jones, III
since the name on the approved identification
MUST contain the same or more information
as the document signature, but never less.
This driver’s license does not include the
“III”, so we do not really know if this is
Daniel C. Jones, III, II or even the Ist!
Even though
I know you,
I still need
your ID.
56
7. Credible witnesses may not have any financial interest in the document,
nor may they be named within the document!
8. The credible witness(es) do not sign the document but must sign in the
identification column of the official notary journal. Credible witnesses
must swear to the notary that they personally know the document signer.
This verbal oath is acceptable identification to the notary for the document
signer. Be sure to enter the Credible Witness identifying information in the
journal properly. Identification for the two Credible Witnesses must be
recorded in the journal nearby their signature.
SIGNATURE BY MARK AND IDENTIFICATION OF THE SIGNER ONLY
9. If the signer of an instrument cannot write (sign) his or her name, that
person may sign by mark (x).
10. The signer’s mark must be witnessed by two persons who must subscribe
their own names as witnesses on the document.
Date: August 18, 2007 Name: X John Smith by: Mary Jones (Witness #1)
Peter R. Roberts (Witness #2)
You should note that only one witness is required to subscribe the
document signer’s name, but both witnesses sign the document. The
witnesses are only verifying that they witnessed the individual make his or
her mark on the document.
11. A notary public is not required to identify the two persons who witnessed
the signing by mark or to have the two witnesses sign the notary’s journal.
12. When a notary completes a notarization for a person who is signing by
mark, he or she must still verify the identity of the person signing by
mark. In addition, that person must also sign the journal with his or her
mark.
13. All persons signing a document must be able to sign under his or her own
power.
Special circumstance for document signers who cannot appear before the notary at
the time of notarization: use of a SUBSCRIBING WITNESS
14. Subscribing witness – When a document principal has signed or wishes
to sign a document but cannot personally appear before a notary, the
principal may request that a person sign the document as a witness to the
principal signer’s signature and ask a notary to notarize the document.
That person is used to prove the execution by the document principal
57
(signer) and is called a subscribing witness. (You should remember that a
document signer can also be referred to as the document executor or the
signing document principal).
15. The subscribing witness must swear under oath that he or she either saw
the principal sign the document or heard the signer acknowledge that he or
she signed the document.
16. The subscribing witness must personally know the identity of the
document signer and the subscribing witness must be personally known
by someone who knows a notary public. In other words, the subscribing
witness identity must be established, or proven by a third party. That third
party must personally know the subscribing witness and be personally
known by the notary public. That third party is called a credible
witness since he or she is verifying the identity of the subscribing
witness through personal knowledge and will prove their own identity
through the specified identification documents.
17. Since the subscribing witness must be personally known by one credible
witness who knows a notary, a notary’s personal knowledge or paper
identification such as a driver’s license, or any other form of satisfactory
evidence, is never used to verify the subscribing witness’ identity.
18. The subscribing witness must sign the document as well as the
notary’s official journal as the document signer. In addition, the
credible witness will also sign the identification column of the notary’s
official journal.
19. A Proof of Execution, also called a Subscribing Witness Jurat, must be
filled out and stamped to complete the notarization act. (See A-4).
No Problem!
Notary Public
who knows the Credible
Witness
Credible Witness
With ID who knows
the Subscribing
Witness
Document Signer
who cannot personally
appear before the notary
Subscribing Witness
who knows the
document signer
58
20. A proof by a subscribing witness may not be used in conjunction with any
Quitclaim Deed, Grant Deed, Deed of Trust, Security Agreement or
Mortgage Agreements.
21. If the wording of a document purports to identify an affiant (signer of a
written affidavit), and the document includes the birth date or age of the
person and a photograph or thumbprint of the person, the notary must
require:
a. A certified copy of the person’s birth certificate or
b. An identification card or DMV issued license. If the form is
required for immigration purposes, the notary may accept
identification documents acceptable to the United States Citizenship
and Immigration Services.
Check Your Knowledge
1. Some acceptable forms of identification include: a _________________
___________________ or _______________________________
_________________ issued by California or any other state, a passport issued by
the ______________ ____ __________________, to name a only a few .
2. The rule of thumb when using identification documents is that they should have a
photograph of the person, a physical description of the person and shall be
___________________ by the person. The document should also bear a
_____________ ______________ or other identifying number.
3. Foreign government passports, a driver’s license issued by a state other than
California or by a Canadian or Mexican public agency authorized to issue drivers’
licenses, an identification card issued by a state other than California, a United
States Military ID card, and an inmate identification card if the inmate is in
custody, an employee identification card issued by an agency or office of the State
or California, or by any agency or office of a city, county or city in California, are
all acceptable forms of ID as long as they are either current or have been issued
within ________ years and contain the aforementioned information.
4. If the document is a foreign passport, it _______________be stamped by the
United States Immigration and Naturalization Service or the United States
Citizenship and Immigration Services.
5. Proving identity on the basis of one credible witness requires that the credible
witness knows the signer and that the credible witness be known by the
________________. The credible witness must still provide proper identification
documentation to the notary.
59
6. If the notary does not personally know the credible witness, two
_________________ ________________ may be used as long as both have
proven their identity to the notary.
7. A ________________ _________________ may be used when a person has
signed a document but cannot personally appear before a notary. The
________________ identity must be established, or proven, by a third party
called a credible witness who is known by the notary and who has proper
identification.
8. Since the subscribing witness identification must be proved by one credible
witness, paper identification _______________ not be used in establishing the
subscribing witness’ identity.
9. A proof by a subscribing witness cannot be used in conjunction with any
______________ _________________, __________ _________, ___________
__ _____________, __________ ______________ , or ____________________.
10. If a signer is using Signature by Mark, that mark must be witnessed by
__________ witnesses who must sign their name on the document. A notary is
________ required to identify the two persons who witnessed the signing by mark
unless they are acting in the capacity of credible witnesses.
11. A credible witness may________ have a financial interest in the document and
may __________ be named within the document.
12. When notarizing a signature by mark, the notary must still verify the
_____________ of the one signing by mark.
Answers: 1. driver’s license, identification card, Department of State 2. signed; serial number 3. five 4. must 5. notary 6. credible
witnesses 7. subscribing witness; notary 8. cannot 9. Quitclaim Deed, Grant Deed, Deed of Trust, Security Agreement, Mortgage
10. two; not 11. not; not 12. identity
60
CHAPTER 6
THE NOTARY JOURNAL AND SEAL
Chapter Objective:
This section will further discuss the important requirements and use of
your notary journal and your notary seal.
The Sequential Journal A notary is required to obtain and use an official Journal of Notarial Records
which will retain certain information concerning any notary act performed during the
notary’s commission. A notary public is only permitted to keep one active sequential
journal at a time which records of all official acts performed as a notary public. The
journal must be kept in a locked and secured area, under the direct and exclusive control
of the notary because failure to secure the journal may be cause for the Secretary of State
to take administrative action against your commission. This means that your commission
may be suspended or revoked. If the notary who is an employee wishes to notarize
documents outside of regular business hours, the same journal must be used as the notary
may only use one journal at a time regardless of what they are notarizing
The journal must contain the following information:
1) Date & time the document is notarized
2) The type of notary act performed (acknowledgment or jurat)
3) The character (almost always the name) of the document notarized
(such as Grant Deed)
4) A statement as to the identity of a person making an
acknowledgment or taking an oath or affirmation which must be based
on satisfactory evidence.
5) Name of the identification document (such as driver’s license) or an
indication that credible witnesses were used and pertinent
identification information about the credible witness when required
(see chapter 5).
6) Serial number of the identification document, i.e. driver’s license
number
7) Date of issue or expiration of the identifying document
8) Signature of the person
9) Fees charged for notary services
10) Right thumbprint is required for a Power of Attorney and for Deeds
(for example, Warranty Deeds, Quitclaim Deeds, Grant Deeds) or
Deeds of Trust affecting real property. ***Please note that not all
documents with the word Deed in their title require a right thumbprint!
For example, Thumbprints are not required for Deeds of
Reconveyance or for a Trustee’s Deed if the Property is in
foreclosure. (When a property loan is paid in full, a Deed of Reconveyance is
issued; a Trustee’s Deed is issued for transfer of property which has been placed into
foreclosure.)
61
If the right thumbprint is unavailable, use a left thumbprint or any available finger
but be sure to indicate what was used. If the signer is unable to provide a print, the notary
must document the inability and state an explanation as to why the fingerprint was
unavailable. Failure to obtain a thumbprint when required is subject to a civil penalty of
up to $2,500.
Also note that addresses and birth dates are not required for journal entry. You
will find a sample journal entry in the appendix of this study guide on page A-5.
Lost, Damaged or Surrendered Journals
If the journal is stolen, lost, destroyed, damaged, or otherwise rendered unusable,
the notary public must immediately notify the Secretary of State by certified or registered
mail. The notification must include 1) the period of the journal entries, 2) the notary
public commission number, and 3) the expiration date of the commission, and 4)
when applicable, a photocopy of any police report which may have been taken.
Willful failure to report the theft or loss of a journal is grounds for suspension or
revocation of the notary commission. Anyone who willfully destroys, conceals or defaces
a notary journal (or any notarial record) may be charged with a misdemeanor as well as
other relief or remedy as provided by law.
The notary public may not surrender the journal to any person, except the County
Clerk, or to a peace officer who is acting in his or her official capacity and within his or
her authority. The peace officer must have probable cause to believe the journal contains
evidence of a criminal offence. The peace officer who seizes the journal must notify the
Secretary of State within 24 hours or as soon as possible with the name of the notary
public whose journal was seized.
The notary must comply with the request from the peace officer immediately or as
soon as possible if the journal is not in his or her possession. The willful failure to
provide the journal to a peace officer when requested is punishable by a civil penalty of
up to $2,500 from the Secretary of State or public prosecutor and suspension or
revocation of the commission.
If the notary is required to surrender his or her journal, the notary must obtain a
receipt for the journal and notify the Secretary of State within 10 days by certified mail
that the journal was relinquished to a peace officer. The notification must include: 1) the
period of journal entries 2) the commission number of the notary public, 3) the
expiration date of the commission, 4) and a photocopy of the receipt. If that journal
is later returned, the notary may not make any additional entries in that journal.
The peace officer, if acting within his or her authority, may also examine a notary
public’s pertinent records whether or not a request is made of the notary to surrender
those records.
If the notary resigns his or her commission or allows more than 30 days to pass
after his or her commission expires without recommissioning, the notary must turn in his
or her journal to the county clerk. Failure to do so can result in a charge of a
misdemeanor. Do not turn your journals into the office of the Secretary of State. It is not
necessary for the notary to begin a new journal when recommissioning so long as less
than the 30 days has passed between commissions.
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Provide Copies of Journal Entries
A notary is required to 1) Furnish Certified Copies of journal entries to the
Secretary of State upon request. The notary must respond in the time provided in the
request from the Secretary of State. 2) A notary must provide the journal for examination
and copying in the presence of the notary upon receipt of a subpoena duces tecum or a
court order and must certify the copies if requested.
Any member of the public may request a copy of a journal entry, but they must
include in their request the 1) name of the parties, 2) the type of document, and 3) the
month and year in which notarized. The notary must provide a photocopy of the line
item only and may not charge more than thirty cents ($0.30) per page. Simply cover the
remaining entries on the page before photocopying. The notary public must respond to a
request for a transaction in the notary public journal within 15 business days after the
receipt of the request and supply either a photostatic copy of the line item or
acknowledge that no such line item exists.
If your employer wishes to have copies of the notary journal records pertaining to
the business, the notary must supervise the process of copying those journal entries.
The Notary Seal Upon receiving your letter of commission from the Secretary of State, you will
also receive an authorization to have your notary seal (stamp) manufactured. Included in
your authorization will be a list of authorized seal manufacturers. Prices vary widely, so
shop around. Your seal must be obtained from an “Authorized Seal Manufacturer”. In
order for a document to be properly notarized, you must imprint your seal on the
document. Any notarized document must contain the imprint of the seal in a clear,
photographically reproducible manner regardless of the color ink used.
Your notary seal must be obtained from an “Authorized Seal Manufacturer‖.
The seal will include the following information:
a) The State Seal
b) The words ―Notary Public‖
c) Name of the Notary Public as shown on the commission
d) County where the oath and bond are on file
e) Commission expiration date
f) Sequential identification number (commission number) assigned
to the notary
g) Manufacturer or Vendor Identification Number
h) Serrated or milled edge border
JOHN Q. NOTARY
Commission..# 1234567
Notary Public- California
Los Angeles County
My Comm. Expires Jul. 9, 2012
CA State Seal
MM
M1
MM
M1
Sequential Commission
Number
Manufacturer or Vendor
ID Number The seal may be rectangular no more than 2 ½ “ x 1” or circular with
no more than a 2” diameter. Note that this seal is not to scale.
63
California Sub-Division Maps
The only instance when an official notary seal is not required when notarizing a
document is for an acknowledgment of a California Subdivision map. If you find yourself
notarizing this document and cannot use your seal because of the texture or some other
reason, you may write the information contained on the seal. You would include a) your
name b) the county of your principal place of business c) commission expiration
date all typed or printed below or immediately adjacent to the signature of the
notary on the acknowledgment. The commission number is not required in this
instance.
Requirements for the Notary Seal
The seal must be photographically reproducible when it is affixed to a document.
This means the seal must be used with ink. Black ink is most common but is not required.
The county will not accept the round embossers notaries used to use although many
notaries continue to use embossers in addition to their acceptable seal for extra security.
Inked seals can be easily copied and placed illegally onto another document.
The seal must also contain the State Seal and the words “Notary Public” as well
as your commission number, expiration date, the name of the county where the oath of
office and bond are on file.
The seal must contain the identification number assigned to the manufacturer and
finally it must have a serrated or milled edged border. This simply means that the seal
does not have a geometrical border, rather the border usually looks like the edge of a
steak knife might with wavy edges. The seal may be either round (2 inches max diameter)
or rectangular (no larger than 1” x 2 1/2 “) as long as it is photographically reproducible.
The County Clerk will not accept a document if the seal impression is not clear
and precise. If you smudge the seal impression, simply re-seal with a clear impression. If
the document does not allow enough room for you to place your seal without covering up
text or signatures, you should add a loose certificate or place your Jurat stamp on another
page and record all of the important information on that page pertaining to the document
so it may not be removed and reattached to another document inappropriately.
No notary seal or press stamp may be manufactured, duplicated, sold, or
offered for sale unless first authorized by the Secretary of State with a proper
Authorization to Manufacture a Seal.
Seal is for Official Use Only
Of course, the notary may never use the official notarial seal except for the
purpose of carrying out the duties of a Notary. You would never place your seal in an
advertisement, for example nor would you put your seal on photographs or photocopies
not containing proper notarial verbiage.
Similarly, a notary public also may never use the title ―notary public‖ except
for the purpose of rendering notarial services.
As discussed previously, the official seal of a notary public is the exclusive
property of that notary public, and may never be surrendered to an employer upon
the termination of employment, whether or not the employer paid for the seal, or to any
other person. The notary, or his or her representative, must destroy or deface the seal
upon termination, resignation, or revocation of the notary’s commission.
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What to Do If Your Seal is Lost.
If the official seal is lost, destroyed, or damaged, you will need to contact the
Secretary of State through mail who will issue a new certificate of authorization upon
request within five working days after receipt of the notice which you may then use to
obtain a replacement seal. Neglecting to notify the Secretary of State of a lost or stolen
seal can be cause for a $1,500 fine. Once your notary commission is expired, you must
destroy the seal to prevent possible fraudulent use by another.
When the notary who has obtained their commission as an employee leaves the
employer, he or she is to keep their notary seal and journals. The employer may not
demand that either the notary seal or the journal be returned to them or left on their
premises after termination of employment. Remember that the commission is yours and
the seal and journal is your personal property which you must retain and control at all
times. If your employer wishes to have copies of the notary journal records pertaining to
the business, the notary must supervise the process of copying.
Chapter Summary
The Notary Journal and Seal
JOURNAL RECORDS
The notary is required to keep a sequential journal of records. A notary public is
only permitted to keep one active sequential journal at a time which records of all
official acts performed as a notary public. The journal must always be kept in a
locked and secured area, under the direct and exclusive control of the notary
when not in use.
1. The journal must contain the following information:
a) Date & time the document is notarized
b) The type of notary act performed (acknowledgment or jurat)
c) The character (almost always the name) of the document
notarized (such as Grant Deed)
d) A statement as to the identity of a person making an
acknowledgment or taking an oath or affirmation which must
be based on satisfactory evidence.
e) Name of the identification document (such as driver’s
license) or an indication that credible witnesses were used and
pertinent identification information about the credible witness
when required (see chapter 5).
f) Serial number of the identification document, i.e. driver’s
license number
g) Date of issue or expiration of the identifying document
h) Signature of the person whose name is being notarized
i) Fees charged for notary services
j) Right thumbprint is required for a Power of Attorney and for
Deeds (for example, Warranty Deeds, Quitclaim Deeds, Grant
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Deeds) or Deeds of Trust affecting real property. ***Please
note that not all documents with the word Deed in their title
require a right thumbprint! For example, Thumbprints are not
required for Deeds of Reconveyance or for a Trustee’s
Deed if the Property is in foreclosure. (When a property loan is
paid in full, a Deed of Reconveyance is issued; a Trustee’s Deed is issued
for transfer of property that has been placed into foreclosure).
2. If the right thumbprint is unavailable, use a left thumbprint or any
available finger but be sure to indicate what was used. If the signer is
unable to provide a print, the notary must document the inability and
state an explanation as to why the fingerprint was unavailable. Failure
to obtain a thumbprint when required is subject to a civil penalty of up to
$2,500.
3. Note that addresses and birth dates are not required for journal entry.
Immediate Notification To Secretary Of State
4. If the journal is stolen, lost, destroyed, damaged, or otherwise rendered
unusable, the notary public must immediately notify the Secretary of
State by certified or registered mail. Willful failure to report the theft or
loss of a journal is grounds for suspension or revocation of the notary
commission.
5. The notification must include 1) the period of the journal entries, 2) the
notary public commission number, and 3) the expiration date of the
commission, and 4) when applicable, a photocopy of any police report
which may have been filed.
6. Anyone who willfully destroys, conceals or defaces a notary journal (or
any notarial record) may be charged with a misdemeanor as well as other
relief or remedy as provided by law.
10-Day Notification To Secretary Of State
7. The notary is may not surrender the journal to any person, except the
County Clerk, or to a peace officer who is acting in his or her official
capacity and within his or her authority. The peace officer must have
probable cause to believe the journal contains evidence of a criminal
offense. The peace officer who seizes the journal must notify the Secretary
of State within 24 hours or as soon as possible with the name of the notary
public whose journal was seized.
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8. The notary must comply with the request from the peace officer
immediately or as soon as possible if the journal is not in his or her
possession. The willful failure to provide the journal to a peace officer
when requested is punishable by a civil penalty of up to $2,500 from the
Secretary of State or public prosecutor and suspension or revocation of the
commission.
9. The peace officer, if acting within his or her authority, may also examine a
notary public’s pertinent records whether or not a request is made of the
notary to surrender those records.
10. If the journal is surrendered, the notary must obtain a receipt for the
journal and notify the Secretary of State within 10 days by certified mail
that the journal was relinquished to a peace officer. The notification must
include: 1) the period of journal entries 2) the commission number of
the notary public, 3) the expiration date of the commission, 4) and a
photocopy of the receipt. If that journal is later returned, the notary may
not make any additional entries in that journal.
11. If the notary resigns his or her commission or allows more than 30 days to
pass after his or her commission expires without recommissioning, the
notary must turn in his or her journal to the County Clerk’s office where
the oath is on file and the Secretary of State should be notified. Failure to
do so could result in a misdemeanor. Documents delivered to the
Secretary of State will be returned to the sender. If the notary is unable to
deliver the journals (either through illness or death), someone appointed
on the notary’s behalf should follow this requirement on behalf of the
notary. It is not necessary for the notary to begin a new journal when
recommissioning so long as less than the 30 days has passed between
commissions.
Provide Copies Of Journal Entries
12. A notary is required to 1) Furnish Certified Copiesof journal entries to the
Secretary of State upon request. The notary must respond in the time
provided in the request from the Secretary of State. 2) A notary must
provide the journal for examination and copying in the presence of the
notary upon receipt of a subpoena duces tecum or a court order and must
certify the copies if requested.
13. Any member of the public may request a copy of a journal entry, but they
must include in their request the 1) name of the parties, 2) the type of
document, and 3) the month and year in which notarized. The notary
must provide a photocopy of the line item only and may not charge more
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than thirty cents ($0.30) per page. Simply cover the remaining entries on
the page before photocopying. The notary public must respond to a request
for a transaction in the notary public journal within 15 business days after
the receipt of the request and supply either a photostatic copy of the line
item or acknowledge that no such line item exists.
14. If your employer wishes to have copies of the notary journal records
pertaining to the business, the notary must supervise the process of
copying those journal entries.
15. When the notary who has obtained their commission as an employee
leaves the employer, he or she is to keep their journals. The employer may
not demand that the notary journal be returned to them or left on their
premises after termination of employment.
THE NOTARY SEAL 16. Your notary seal must be obtained from an “Authorized Seal
Manufacturer‖. The seal will include the following information:
a. The State Seal
b. The words ―Notary Public‖
c. Name of the Notary Public as shown on the commission
d. County where the oath and bond are on file
e. Commission expiration date
f. Sequential identification number (commission number)
assigned to the notary
g. Manufacturer or Vendor Identification Number
h. Serrated or milled edge border
Example of a Notary Seal
17. If seal is lost, the notary must obtain another authorization from the
Secretary of State in order to order a new seal. Upon receiving the request
to manufacture a new seal, the Secretary of State will send the notary
authorization within 5 business days for a seal replacement. Neglecting to
notify the Secretary of State of a lost or stolen seal can be cause for a
$1,500 fine.
JOHN Q. NOTARY
Commission..# 1234567
Notary Public- California
Los Angeles County
My Comm. Expires Jul. 9, 2008
CA State Seal
MM
M1 M
MM
1 Sequential Commission
Number
Manufacturer or Vendor
ID Number The seal may be rectangular no more than 2 ½” w x 1”l or circular
with no more than a 2” diameter. Note that this seal is not to scale.
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18. In order for a document to be properly notarized, you must imprint your
seal on the document. Any notarized document must contain the imprint
of the seal in a clear, photographically reproducible manner. You
should not affix your seal over a printed or written portion of the
document.
19. Illegible or improperly placed seals can be cause for rejection by the
County Recorder.
20. The only instance when an official notary seal is not required when
notarizing a document is for an acknowledgment of a California
subdivision map. When notarizing this document, simply sign and
directly underneath or next to your signature, type or print the
following
a. Notary’s name
b. The county of the notary’s principal place of business (this
is the county where the oath and bond are on file)
c. Commission expiration date.
The commission number is not required for California sub-division
maps.
21. When the notary who has obtained their commission as an employee
leaves the employer, he or she is to keep their notary seal and journals.
The employer may not demand that either the notary seal or the journal be
returned to them or left on their premises after termination of employment.
22. When the notary public commission is no longer valid the notary public
seal must be destroyed to protect the notary from possible fraudulent use
by another.
Check Your Knowledge
1. A notary should only keep ________ active journal at any time. The journal is the
exclusive property of the notary. Failure to secure the journal can be cause for the
Secretary of State to take administrative action against the notary’s commission.
2. The notary must require a right thumbprint (left if the right is unavailable) if the
document is a _____________ ____________ ____________, Deed (such as
Quitclaim Deed, Warranty Deed, or Grant Deet) and Deeds of Trust affecting real
property.
3. A seal must be ______________________ reproducible when affixed to a
document.
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4. A seal must also have a __________________ or milled edged border.
5. Using the seal on any document not containing the proper notarial wording is
____________________________. The seal must not be used for any other
purpose other than the rendering of a notarial service.
6. When the notary public commission is no longer valid, the notary public seal must
be __________________ to protect the notary from possible fraudulent use by
another.
7. If a notary is to surrender his or her journal to a peace officer, the notary must
notify the Secretary of State in writing within ____________ days.
8. Failure to submit journal records with the county clerk or notify the Secretary of
State within 30 days after the completion of your commission (without
recommissioning) can result in the charge of a _____________________.
answers: 1. one 2. Power of Attorney 3. photographically 4. serrated 5. illegal 6. destroyed 7. ten 8. misdemeanor
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CHAPTER 7
ADDITIONAL PROHIBITED ACTS AS A NOTARY
Chapter Objective:
This section outlines some illegal notarial acts or practices. Students will
be able to correctly identify improper notary procedures.
Quite often, clients appear before the notary public wishing for legal advice or
assistance. This may because of unfamiliarity with the office of the Notary in general or
sometimes is a result of confusing the office of the Notary Public in California with
notaries in other countries. For example, in Mexico, and many Latin American countries
or even some European countries, notaries are attorneys who specialize in the legal area
of Notary work. When the public goes to a notary in any one of these countries, they are
expecting that the notary will be able to assist them with specific types of legal questions
or problems.
In the United Sates; however, most notaries are not attorneys and the scope of
notary duties in the United States and particularly California is very limited. A non-
attorney notary in the United States may never represent himself or herself as an
attorney nor may they perform any service which would be considered to be the
practice law. In fact, we must be very careful as notaries not to mislead the public
regarding this issue either in our advertising or services which we provide.
You already know that you cannot notarize your own document and that while
you may notarize documents for a spouse or relatives, you should be very careful that the
documents could not have a beneficial or financial interest to you. You also know that it
is illegal for a non-attorney notary to give legal advice or provide legal assistance. Let’s
look as a few more prohibitions.
Notarizing Wills A notary should not notarize a will unless an attorney recommended that the will
should be notarized. There are some wills that will be nullified simply by the
notarization. If a client comes in and request that a will be notarized, you should decline
unless the client informs you that an attorney requested the will to be notarized. You
might want to request the name and phone number of the attorney for verification and be
sure to record all of that information in your journal.
Certification of Documents A notary may not certify copies of birth, death, marriage records, etc. Remember
from our earlier discussion that the only document a notary may certify is a copy of a
power of attorney and a copy of record(s) from his or her notary journal.
We do not notarize photographs or copies of documents such as academic
records, birth certificates or any document which does not have a place for a person to
sign.. If the photograph or academic record is attached to a statement indicating, for
example, that the attached document is a true and correct copy of the original, the notary
can notarize that statement upon the oath and signature of the declarant. In such an
example, the notary is not notarizing the photograph or the document reproduction.
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Translation of Notary Public into Spanish A notary may not translate the term “Notary Public” into the following Spanish
terms: notario público or notario. In addition, if a notary advertises their services in
another language other than English, the notary must also post along with that
advertisement, the following statement in English and the other language:
“I am not an attorney and, therefore, cannot give legal advice about
immigration matters or any other legal matters”.
The notary must also post their fees which cannot exceed the legal fees for their services.
See the next chapter for a discussion of fees.
Violation of this requirement may be cause for the Secretary of State to suspend
the Notary commission for not less than 1 year on the first offense and the commission
will be revoked permanently on the second offence.
You can see that the reason for this law is so your Spanish-speaking clients will
not presume that you carry the same legal authority as notaries in their mother county.
Immigration Specialists or Consultant A notary may not advertise in any manner whatsoever that he or she is a notary if
the notary promotes himself or herself as an immigration specialist or consultant. This
again is to help eliminate confusion concerning the differences between the limited duties
of a notary public in California versus duties of a notary public in other countries.
Another point about immigration consultants is that while a notary may notarize
immigration forms, only a person who is qualified and bonded as an immigration
consultant under the Business and Professions Code may assist the client in
completing immigration forms.
Certifying Translations As a notary, you may receive requests from the public to certify a translation. A
notary is not allowed to certify a translation; however, a notary may notarize the
signature statement of the translator indicating that the translation was performed
accurately, but be very careful that you do not give the impression that you are certifying
the translation.
Falsifying Information A notary may not falsify any information including dates on the document to be
notarized. Sometimes a client will ask you to backdate an acknowledgment or jurat but it
is illegal to comply with this request. A notary may never notarize a document containing
information known to the notary to be false. Doing so may result in a charge of a
misdemeanor and if the document is a Deed of Trust or any other document which
encumbers the signer into the property, you may be guilty of a felony.
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Chapter Summary
Additional Prohibited Acts as a Notary
1. A non-attorney notary may not give legal advice in any manner. This
includes situations when the document signer requires notary services but
does not know whether to complete an acknowledgment or jurat. In these
instances, the notary is to refer the client to the originator of the document
for advice as to which one to complete.
2. A notary should not notarize a will unless an attorney recommended that
the will should be notarized.
3. A notary may NEVER notarize any documents containing statements
known by the notary to be false. A notary found guilty of doing so will be
charged with a misdemeanor and depending on the document and
circumstances, a felony. Any misdemeanor or felony charge is punishable
with criminal prosecution, possible jail time and/or suspension or
revocation of the notary’s commission.
4. There are many differences between notaries in other countries and the
United States which often lead to a misunderstanding of the role of a
notary in the United States by clients from these other countries. Hence, a
notary may not translate the term “Notary Public” into the following
Spanish terms: notario público or notario.
5. If a notary advertises their services in another language other than English,
the notary must also post along with that advertisement, the following
statement in English and the other language: “I am not an attorney and,
therefore, cannot give legal advice about immigration matters or any
other legal matters”. The notary must also post their fees which cannot
exceed the legal fees for their services.
6. Violation of these two requirements (see numbers 4 & 5) shall be
cause for the Secretary of State to revoke or suspend the notary
commission for not less than 1 year on the first offense and the
commission will be revoked permanently on the second offense.
7. A notary may not advertise in any manner whatsoever that he or she is a
notary if the notary promotes himself or herself as an immigration
specialist or consultant. While a notary may notarize immigration forms,
only a person who is qualified and bonded as an immigration
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consultant under the Business and Professions Code may assist the client
in completing immigration forms.
8. We do not notarize photographs or copies of documents such as
academic records, birth certificates or any document which does not have
a place for a person to sign. However, if the photograph or academic
record is attached to a statement such as the one below which indicates
that the attached document is a true and correct copy of the original, the
notary can notarize that statement upon the oath and signature of the
declarant. In such an example, the notary is not notarizing the photograph
or the document reproduction, only the statement regarding such
documents. Remember the only 2 things that a California Notary Public
may CERTIFY is a Copy of a Power of Attorney, and a line item from
your notary journal.
9. The notary may never use the notary seal or the title for anything other
than the rendering of notarial services.
10. The notary must not affix his or her seal to a document without the
accompanying required notarial verbiage on the document.
11. It is illegal for a notary to notarize a blank or an obviously incomplete
document.
This is an example of a statement which might be attached to a copy of a
document should a client want to certify his or her own copy and request
that their signature be notarized.
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Check Your Knowledge
1. Giving legal advice to a client is ___________________ unless the notary is an
attorney.
2. You should ________________ to notarize a will unless the client has been
directed by an attorney to have the will notarized.
3. A notary may not translate the term “notary public” directly into the following
Spanish terms: _____________ ______________ or ____________________.
4. Only a person who is _________________ and bonded as an
_________________ __________________ may assist the client in completing
immigration forms.
5. Violation of direct translation into notario público or notario or failing to post fees
in this instance is punishable by revocation or suspension of the notary’s
commission for at least _____ year on the first offense .
6. A notary may not notarize photographs, or academic ___________ and diplomas,
birth certificates or other documents which have no indication for place where a
signer would
Answers: 1. illegal, 2. refuse 3. notario público, notario 4. qualified; immigration consultant 5. one 6. records
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CHAPTER 8
ADDITIONAL REQUIREMENTS A NOTARY MUST KNOW
Chapter Objective:
This section covers additional requirements for notaries concerning
relocating, name changes and other miscellaneous provisions. Once
again, the student will be able to recognize proper and improper notary
procedures.
Foreign Language Documents
A notary may notarize a document in a foreign language that they are not
familiar with, as a notary public is not responsible for the contents of the document. The
notary should be able to identify the type of document being notarized for entry in
the notary’s journal. If unable to identify the type of document, the notary must make
an entry to that effect in their journal, e.g. “a document in a foreign language.”
Change of Name If a notary changes his or her name (through marriage for example), the notary
must complete a name change application and file it with the Secretary of State,
whereupon an amended commission will be sent to reflect the new name. The notary will
need to obtain a new stamp with the new name, however; the sequential commission
number and the expiration date will remain unchanged. The notary must also change
the name on their bond and re-file the amended bond with the county clerk within 30
days or the commission will not go into effect and will become void. The amended
commission will not go into effect until the oath and amended bond are on file and the
new notary seal must be obtained within 30 days of filing.
Change of Residence or Principal Place of Business A notary public may not use a commercial mail receiving agency or post office
box as his or her principal place of business or residence unless the notary public
provides the Secretary of State with a physical street address as the principal place of
residence. If a notary changes residence or their principal place of business, the notary
must inform the Secretary of State, in writing by certified mail within 30 days. The
notary is not required to file a new oath and bond within a new county, but may elect to
do so. The notification must include: 1) Name of the notary as on the commission, 2)
commission number and expiration date of commission, 3) whether change of address is
for the business, residence, and/or for mailing purposes, 4) new address, 5) signed and
dated by the notary.
If a notary is appointed solely on behalf of a governmental office, or to a military
installation that notary must relinquish their commission when changing business
locations.
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Grounds for Commission Refusal, Suspension and Revocation Aside from commission denial as a result of the background check, there are
many reasons for a notary to find his or her commission in jeopardy.
Failing to disclose convictions of any misdemeanor or felony, or any
pending trial, on the notary application
Any conviction of a misdemeanor or felony including convictions
resulting from a plea of nolo contendere (no contest), denial,
revocation or suspension of any professional license as a result of
misconduct or dishonesty
A notary’s failure to properly carry out the required duties as a notary
can result in criminal prosecution as well as personal liability in
addition to commission suspension or revocation.
The notary also risks suspension or revocation as a result of being
found liable for damages if the suit was based upon fraud or
misrepresentation
If the notary uses false or misleading advertising which suggests that
the notary has rights or powers which are prohibited by law, the
Secretary of State may suspend or revoke the commission.
Willful failure to report the theft or loss of a journal
Making a false writing
Fraud relating to a Deed of Trust (if relating to a real property single-family
residence, the notary may be subject to other relief or remedies provided to the
parties by law) Unlawfully acting as a notary public
Filing false or forged documents
Forgery
Embezzlement
Falsely obtaining personal information.
Willful failure to provide access to a journal when requested by a
police officer
Previously revoked commissions may be cause for the Secretary of State to deny any
future applications from that applicant.
Electronic Signatures Notarization of electronic signatures is acceptable but the notary must also sign
electronically. Except for a California subdivision map, current law requires a notary
seal on the document in order for the document to be properly notarized, but there are
exceptions made if the document is electronic. If there is no notary seal present with the
notary’s electronic signature, new California law ((Government code section
27931(e)(2004)) permits the county recorder to accept the document for recording
without the seal as long as the document contains the following information:
a) The name of the notary
b) The words “notary public”
c) The name of the county where the notary’s bond and oath are on file
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d) The sequential identification number of the notary (commission
number) and the seal manufacture’s number
Taking Depositions If required to take a deposition, the notary should refer these services to an
attorney.
Chapter Summary
ADDITIONAL REQUIREMENTS A NOTARY MUST KNOW
1. A notary may notarize a document in a foreign language that they are not
familiar with, as a notary public is not responsible for the contents of the
document. The notary should be able to identify the type of document
being notarized for entry in the notary’s journal. If unable to identify
the type of document, the notary must make an entry to that effect in their
journal, e.g. “a document in a foreign language.”
2. If a notary changes his or her name (through marriage for example), the
notary must complete a name change application and file it with the
Secretary of State, whereupon an amended commission will be sent to
reflect the new name. The notary will need to obtain a new stamp with the
new name, however; the sequential commission number and the
expiration date will remain unchanged. The notary must also change the
name on their bond and re-file the amended bond with the county clerk
within 30 days or the commission will not go into effect and will become
void. The amended commission will not go into effect until the oath and
amended bond are on file and the new notary seal must be obtained within
30 days of filing.
3. A notary public may not use a commercial mail receiving agency or post
office box as his or her principal place of business or residence unless the
notary public provides the Secretary of State with a physical street address
as the principal place of residence.
4. If a notary changes his or her residence or principal place of business, the
notary must inform the Secretary of State, in writing by certified mail
within 30 days. The notary is not required to file a new oath and bond
within a new county, but may elect to do so. The notification letter must
include: 1) Name of the notary as on the commission, 2) commission
number and expiration date of commission, 3) whether change of address
is for the business, residence, and/or for mailing purposes, 4) new address,
and 5) signed and dated by the notary. If the principal place of business
address was changed in the application for name change, either a new
bond or a duplicate of the original bond must be filed along with the
amendment to the bond.
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5. If a notary is appointed solely on behalf of a governmental office, or to a
military installation that notary must relinquish their commission when
changing employers.
6. Grounds for commission refusal, suspension and revocation. Failing to disclose convictions of any misdemeanor or felony,
or any pending trial, on the notary application
Any conviction of a misdemeanor or felony including
convictions resulting from a plea of nolo contendere (no
contest), denial, revocation or suspension of any professional
license as a result of misconduct or dishonesty
A notary’s failure to properly carry out the required duties as a
notary which can also result in criminal prosecution as well as
personal liability in addition to commission suspension or
revocation
Being found liable for damages if the suit was based upon
fraud or misrepresentation
If the notary uses false or misleading advertising which
suggests that the notary has rights or powers which are
prohibited by law, the Secretary of State may suspend or
revoke the commission
Willful failure to report the theft or loss of a journal
Making a false writing
Fraud relating to a Deed of Trust (if relating to a real property single-
family residence, the notary may be subject to other relief or remedies
provided to the parties by law) Unlawfully acting as a notary public
Filing false or forged documents
Forgery
Embezzlement
Falsely obtaining personal information
Willful failure to provide access to a journal when requested by
a police officer
7. Notarization of electronic signatures is acceptable, but the notary must
also sign electronically. Except for a California subdivision map, current
law requires a notary seal on the document in order for the document to be
properly notarized, but there are exceptions made if the document is
electronic. If there is no notary seal present with the notary’s electronic
signature, new California law ((Government code section 27931(e)(2004))
permits the county recorder to accept the document for recording without
the seal as long as the document contains the following information:
a) The name of the notary
b) The words “notary public”
c) The name of the county where the notary’s bond and oath are
on file
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d) The sequential identification number of the notary
(commission number).
e) The seal manufacture’s number.
Check Your Knowledge
1. A notary ___________ notarize a document in a foreign language, but the notary
should attempt to identify the type of document if possible.
2. Upon completing a name change application, the notary will receive a new
authorization to manufacture a seal. The name will be changed but the
commission number will be the _____________.
3. If a notary changes his or her name (through marriage for example), the notary
must complete a ___________ ________________ application and file it with
the Secretary of State
4. A notary has ________ days to notify the Secretary of State if they change their
residence or place of business and must do so by _____________ or
______________ mail.
Answers: 1. may 2. same 3. name change application 4. thirty, certified; registered
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CHAPTER 9
ALLOWABLE NOTARY FEES
Chapter Objective:
This section lists the prescribed fees a notary may charge for his or her
services. The state of California has placed a limitation on the fees a notary may charge for
their services. Of course, the notary is not required to charge for his or her services and
can in fact reduce the charges to whatever amount they wish, but the notary may never
charge more than the prescribed fees.
Prescribed Fees a) For notarizing one signature on an acknowledgment, Jurat, Proof of
Execution: $10 per signature.
b) Deposition: $20 plus $5 for the oath and $5 for the certificate.
c) Protest: $10 plus $5 for serving a notice of nonpayment and $5 for
recording the protest.
d) Services relating to immigration papers: $10 not inclusive of the
signature charges.
e) Certifying copy of powers of attorney: $10
f) Copy of journal entry: $0.30
Remember that only a person who is qualified and bonded as an Immigration
Consultant under the Business and Professions Code may assist a client in completing
immigration forms. A notary may not charge any individual more than $10 for each set of
forms, unless the notary is also an attorney who is rendering professional services as an
attorney. This fee limitation applies even if the person is not performing notarial duties.
Voting Materials or Military Pension Documents Simply stated, you are not allowed to charge any fees to notarize these types of
documents.
Employees A notary who received his or her commission as an employee at the expense of the
employer may, upon agreement with the employer, be required to submit fees charged for
notarial services back to the employer. This is usually up to negotiation between you and
your employer; however, if a notary public is an employee of a school or government
office and was appointed at the request and expense of their employer and notarizes
documents specifically for that employer, any fees charged must be remitted back to
that employer.
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Travel Fees and Extras While state law has limited the fees for notarial acts, no limitation is placed on a
notary for travel costs and other related expenses. Full time notaries most often work as
mobile notaries rather than out of an office. Let’s look at just one of the available options
to you as a mobile notary.
Loan Signing and Special Fees Whenever property is purchased or refinanced, there are several documents which
require notarization. Even if the property is purchased without a loan, the Grant Deed
which legally transfers ownership of the property must be notarized. Typically, of course,
property is purchased through a Deed of Trust which means that the new owner has
borrowed the money and promises to pay the loan back under the conditions stipulated in
the loan agreement.
As you might imagine, thousands of home purchases and refinance agreements
are entered into daily and this means a lot of notaries are needed to complete the
transactions. While many banks, escrow companies and lenders have their own full time
notaries, a great amount of loan signings require the services of mobile notaries who can
travel to the home of a borrower, a bank, or escrow company where there are not enough
notaries to meet the demand.
As a mobile notary, you may be requested to provide notarial services after
regular business hours, for example, or on Saturdays and Sundays or for companies that
simply have more volume than their full time notaries can handle.
If you are interested in providing loan signing services, you will want to become
certified as a loan signer. While this is not a legal requirement, many loan signing
agencies, banks, or escrow companies will not want to risk using your services unless
they can be assured that you know the business and will not make errors. To become a
certified loan signer, you will want to take a seminar (typically one-day) or do a home
study course which provides certification after testing. In addition, many companies that
engage your services will want you to complete a certification program with them as
well. Again, the effort to become certified is minimal and you will be worth more in the
marketplace and to the public. If interested, go to www.certifiedloansigners.com for
more information.
Loan signers are currently making on average from $50 to $150 per loan signing
depending on whether they are working through an agency or directly with the lender or
escrow company. Loan signings should take around 60 to 90 minutes to complete and
many experienced loan signers complete 4 or 5 loan signings per day if they have
marketed their services well and have proven their professionalism to the companies
seeking mobile notaries.
The fee is standard regardless of the number of signatures to be notarized. These
fees do not violate the set fees of $10 per signature because the excess amount is
considered travel charges. When you enter your fees in the journal, be sure that you do
not enter more than the allowable legal fees for the notarial services as your travel fees
should not be included in the journal entry.
Allow me to introduce a word of caution if you are a new notary concerning the
market rate for mobile notary fees. There are some loan signing agencies who are
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attempting to attract new mobile notaries for fees under $50 per loan signing. Accepting
fees like $30 or $40 per loan signing does not compensate the notary nearly enough for
his or her time, travel expenses or other related business expenses, not to mention the
taxes you will need to pay at the end of the year. The adage that says you get what you
pay for holds true especially with this type of profession and you will want to ensure that
you are treated as a professional and paid accordingly.
Chapter Summary
ALLOWABLE NOTARY FEES
1. Below are the maximum allowable fees for notary services. Notaries are
not required to charge a fee. If no fee is charged, the notary is still required
to enter $0 into their journal. Travel fees are not limited and are not
included in these amounts.
2. Acknowledgments, Jurats and Proofs of Execution (Subscribing Witness
Jurat)- $10/ signature.
3. Deposition - $20 plus $5 for the oath and $5 for the certificate. (Notaries
rarely perform depositions in California because that function is typically
carried out by a Court Reporter)
4. Filling out immigration forms- $10 plus signature charges.
a) Notaries may fill out immigration forms only if they are
licensed and bonded as an immigration consultant.
5. Certifying copies of a Power of Attorney - $10
6. Copy of a journal entry- $.30
7. Protesting a non-payment -$10 (See page 12, #16)
8. Serving a protest- $5 (See page 12, #16)
9. Recording a Protest- $5 (See page 12, #16)
10. No fees may be charged for verifying public election (voting) materials
or a circulator’s affidavit. A circulator’s affidavit is an affidavit sworn to
by someone who collects signatures for a public petition.
11. No fees may be charged to a veteran for notarizing military pension and
benefit documents.
12. No fees may be charged by notaries appointed to a military or naval
reservation.
13. A notary who received his or her commission as an employee at the
expense of the employer may, upon agreement with the employer, be
required to submit fees charged for notarial services back to the employer.
This is usually up to negotiation between you and your employer.
14. Notaries who are employees of a public school or the government and
have obtained their commissions upon the requirement of their
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employer, and who have had their commissioning fees and other
associated fees paid for by their employer, must remit any fees charged
for notary services back to their employer.
15. Notaries who notarize documents on behalf of a county or judicial district
are required to provide receipts when requested.
Check Your Knowledge
1. A notary may never charge _______________ than the prescribed fees for his or
her services.
2. ______ fees may be charged for notarizing ______________ ____________,
military __________________ or _____________ documents.
3. Only a notary who is licensed and bonded as an immigration consultant may
assist a client in completing ________________ documents.
4. The charge for notarizing three signatures on a single acknowledgment cannot
exceed ___________ dollars.
5. A copy of a journal entry may be charged at _________ per copy.
Answers: 1. more 2. no; voting materials; pensions; benefit 3. immigration 4. $30 5. $.30
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CHAPTER 10
VIOLATIONS, FINES AND PENALTIES
1. Violation of Notary laws can result in serious consequences which can
include:
a) Civil penalties levied by Secretary of State and local and state
prosecutors
b) Administrative actions levied by the Secretary of State
c) Criminal prosecution of a felony, misdemeanor or infractions.
Civil Penalties levied by Secretary of State
2. The Secretary of State may levy penalties of up to $1,500 for notarial
misconduct. These penalties may be in addition to suspension or
revocation of the notary commission (Government Code § 8214.15(a)).
The penalties of up to $1,500 may apply in the following
circumstances:
a) The use of false or misleading advertising wherein the
notary public has represented that he or she has duties,
rights, or privileges that he or she does not possess.
b) Commission of any act involving dishonesty, fraud, or
deceit with the intent to substantially benefit the notary
public or another, or substantially injure another.
c) Execution of any certificate as a notary public
containing a statement known to the notary public to be
false.
d) Violating the prohibition against a notary public who
holds himself or herself out as an immigration specialist
or consultant advertising that he or she is a notary or
violating the restrictions on charging to assist in the
completion of immigration forms.
e) Violating the restrictions on advertising notarial
services in a foreign language or literally translating the
phrase “notary public” into Spanish
$750 Penalties levied by the Secretary of State
The Secretary of State may levy penalties of up to $750 for notarial
misconduct. These penalties may be in addition to suspension or
revocation of the notary commission (Government Code § 8214.15(b)).
The penalties of up to $750 may apply in the following circumstances:
a) Charging more than the fees prescribed by law.
b) Failure to complete the acknowledgment at the time the
notary’s signature and seal are affixed to the document.
c) Failure to administer the oath or affirmation as required by law.
d) The negligent failure to discharge fully and faithfully any of
the duties required of a notary public
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Additional Civil Penalties $1,500 levied by state and local
prosecutors.
A separate provision of the law permits the Attorney General, a
district attorney, city attorney or a prosecutor in any city and
county to bring a civil action to recover a civil penalty not to
exceed $1,500 for each violation from:
a) Violators of the provisions relating to the unauthorized
manufacture, duplication, sale and related offenses
concerning the notary seal.
$2,500 Civil Penalties; A civil penalty of up to $2,500 may be
brought by the Secretary of State in an administrative
proceeding or by a public prosecutor in superior court.
a) Failure to obtain a thumbprint when required.
b) Willful failure to provide a peace officer with a journal
when requested.
$10,000 Civil Penalty A civil penalty of up to $10,000 may be
brought by the Secretary of State in an administrative
proceeding or by a public prosecutor in superior court.
a) Failing to obtain proper evidence of identification of a
person making an acknowledgment.
b) Falsifying an acknowledgment (perjury)
Criminal Penalties
3. Aside from civil penalties and administrative actions by the Secretary of
State, notary misconduct can result in criminal prosecution.
Felonies – Some notary misconduct is serious enough to qualify for
prosecution as a felony. Other than committing perjury, which is a felony
for everyone, not just notaries, felonies are limited to dishonest or
fraudulent actions with respect to encumbering someone into property.
a) Any notary act performed with the intent to defraud in relation
to a Deed of Trust.
b) Any person acting as a notary without being duly
commissioned and their action places an encumbrance on a
party affecting title to real property (such as with a Deed of
Trust).
c) Anyone who knowingly makes a false sworn statement to a
notary for a document which affects transfer of property title or
places an encumbrance on a party is guilty of a felony. Any
person filing with the county recorder false or forged
documents of this nature is guilty of a felony and the fine on
this action can be up to $75,000.
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d) Any notary who commits perjury (punishable by state
imprisonment of 2, 3 or 4 years.)
Misdemeanors- Some notarial violations are classified as misdemeanors;
however, even these violations can carry a possible fine as well as possible
incarceration in a city or county jail.
a) It is misdemeanor for a notary to notarize any document, other
than documents relating to a Deed of Trust (see felonies) that
contains information known by the notary to be false.
b) Any person acting as a notary without being duly
commissioned
c) Destruction, concealment or defacing notary records.
d) Soliciting or coercing a notary to perform an illegal or an
improper act.
e) Making false statements to a notary.
f) Failing to submit notarial journals to the County Clerk within
30 days after a notary commission is no longer valid and the
notary does not obtain reappointment.
g) Willfully fails to properly maintain his or her notarial journal.
h) Willfully fails to notify the Secretary of State if his or her
notarial journal is lost, stolen, rendered unusable or surrendered
to a peace officer.
i) Willfully fails to permit a lawful inspection or copying of his
or her notarial journal.
j) Willfully fails to keep his or her notarial seal under direct and
exclusive control.
k) Willfully surrenders his or her notarial seal to any person not
authorized to possess it.
l) Any person who solicits, coerces, or influences a notary public
to improperly maintain the notary public’s journal.
False Acknowledgments/Forgery (Felony or Misdemeanor)— The law
may make a notary public guilty of forgery if he or she issues an
acknowledgment knowing it to be false. A person who falsifies the
acknowledgment of a notary public may also be guilty of forgery. Forgery
is punishable by imprisonment in the state prison, or by imprisonment in
the county jail for not more than one year. (False certification by a notary
public may also be a misdemeanor pursuant to Government Code § 6203.)
Infractions
a) Willful failure to notify the Secretary of State of a name
change is punishable as an infraction by a fine of up to $500.
b) Willful failure to notify the Secretary of State of a change of
address is punishable as an infraction by a fine of up to $500.
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4. Administrative actions levied by the Secretary of State resulting in
possible commission denial, cancellation, suspension or revocation
a) Any conviction of a misdemeanor or felony including
convictions resulting from a plea of nolo contendere (no
contest), denial, revocation or suspension of any professional
license as a result of misconduct or dishonesty.
b) A notary’s failure to properly carry out the required duties as a
notary can result in criminal prosecution as well as personal
liability in addition to commission suspension or revocation.
c) The notary also risks suspension or revocation as a result of
being found liable for damages if the suit was based upon fraud
or misrepresentation.
d) If the notary uses false or misleading advertising which
suggests that the notary has rights or powers which are
prohibited by law, the Secretary of State may suspend or
revoke the commission.
e) Making a false writing.
f) Fraud relating to a Deed of Trust (if relating to a real property
single-family residence, the notary may be subject to other
relief or remedies provided to the parties by law).
g) Unlawfully acting as a notary public
h) Filing false or forged documents
i) Forgery
j) Embezzlement
k) Falsely obtaining personal information.
l) Willful failure to provide access to a journal when requested by
a police officer.
m) Failure to secure or misuse of the notary stamp (seal)
n) Failure to secure the notary journal
o) Failure to remit court ordered judgments
p) Failure to submit a payment demanded by the Secretary of
State
q) Failure to report the theft or loss of a journal
r) Writing an insufficient funds check for the application or exam
will result in a likely the cancellation of your application.
5. The person affected will have a right to a hearing prior to a
revocation or suspension or after a denial of a commission, or prior to
the imposition of a civil penalty.
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6. The person will not have a right to a hearing after a denial of an
application for a notary public commission in either of the following
cases:
a. The Secretary of State has, within one year previous to the
application denied or revoked the applicant's application or
commission.
7. Resignation or expiration of commission will not stop investigation or
disciplinary proceedings.
8. Criminal Convictions/Court Revocation of Commission — If a notary
public is convicted of a crime related to notarial misconduct, including the
false completion of a notarial certificate (Government Code § 6203), or of
any felony, the court must revoke the notary public’s commission and
require the notary public to surrender to the court the notary seal. The
court will then forward the notary public’s seal to the Secretary of State.
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Fine
Amount
Summary Notes
Violating the prohibition against a notary public who holds
himself or herself out as an immigration specialist or
consultant advertising that he or she is a notary or violating the
restrictions on charging to assist in the completion of
immigration forms.
$1,500
S or R
Improper advertising, immigration
consultant limitations or Spanish
translation of Notary or Notary
Public
Violating the restrictions on advertising notarial services in a
foreign language or literally translating the phrase “notary
public” into Spanish
$1,500
S or R
The use of false or misleading advertising wherein the notary
public has represented that he or she has duties, rights, or
privileges that he or she does not possess.
$1,500
S or R
Violators of the provisions relating to the unauthorized
manufacture, duplication, sale and related offenses concerning
the notary seal.
$1,500 Unauthorized duplication or sale of
seal
Failure to notify the Secretary of State that a notary seal is lost,
stolen, etc.
$1,500
S or R
Failure to notify the SOS of a lost,
stolen ...seal
Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or
another, or substantially injure another.
$1,500
R
Fraud or dishonesty by the notary
Execution of any certificate as a notary public containing a
statement known to the notary public to be false
$1,500
R
Charging more than the fees prescribed by law. $750
S or R
Failure to complete the acknowledgment at the time the
notary’s signature and seal are affixed to the document.
$750
S or R Negligent failure regarding any
notary act and especially failure to
complete the Ack or Jurat properly
Failure to administer the oath or affirmation as required by
law.
$750
S or R
The negligent failure to discharge fully and faithfully any of
the duties required of a notary public
$750
S or R
Failure to obtain a thumbprint when required. $2,500
Willful failure to provide a peace officer with a journal when
requested.
$2,500
Failing to obtain proper evidence of identification of a person
making an Acknowledgment.
$10,000 Falsifying an acknowledgment
(forgery) and failing to obtain proper
evidence of identification of a person
making an Acknowledgment. Falsifying an acknowledgment is forgery punishable by
imprisonment in the county jail for up to 1 year
$10,000
M or F
Literal Spanish translation of the phrase “notary public” S or R
$1,500
Minimum 1 yr on 1st and permanent
revocation on 2nd
Improper advertising procedures in foreign languages S or R
$1,500
1) Felonies can be remembered as those violations which usually involve fraud when documents are being recorded
or relate to a Deed of Trust. A notary charged with forgery can be charged with a misdemeanor or felony. When
charged with forgery as a felony, this charge carries a possible prison term of 2,3 or 4 years.
2) There are a host of misdemeanors. Misdemeanors are violations which involve in particular the WILLFUL neglect
of a notary to complete something required of him or her. Most violations that carry a potential for criminal prosecution
are misdemeanors.
3) There are two infractions which are summed up as the failure to notify the state of a name or address change.
4) Revocation can be the result of willful failure, dishonesty or unauthorized practice of law.
5) Suspension or Revocation for most violations
Hopefully, you will find the following table beneficial in recalling the
fines and penalties for the exam. You are encouraged to study this
chapter well before taking the exam!
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Chapter Summary
Violations, Fines and Penalties
1. There are only five (5) fine amounts (civil penalties) to remember.
a) $500
b) $750
c) $1,500
d) $2,500
e) $10,000
2. There are only two violations to remember for each of the following fine
amounts:
a) $500
i. Willful failure to notify the Secretary of State of a name
change
ii. Willful failure to notify the Secretary of State of an address
change
b) $750
i. Negligent failure to fully or properly complete any notarial
duty including
ii. Failing to give the oath or affirmation when required
iii. Failing to complete the Acknowledgment form at the time
the notary’s signature and seal are placed onto the
document
iv. Charging more than the prescribed fees of the notary act
c) $2,500
i. Failure to obtain a right thumbprint when required.
ii. Failure to submit the journal to a peace officer when
requested
d) $10,000
i. Failing to obtain proper identification
ii. Perjury or falsifying any notary wording
3. All additional violations are subject to a $1,500 fine.(Secretary of State)
a) False or misleading advertising
b) Commission of any dishonest notary act, fraud or deceit.
c) Executing any notary certificate (Acknowledgment, Jurat,
Certified POA, Subscribing witness Jurat) for a document
which the notary knows contains false statements
d) Violation of simultaneous advertising as a notary and
immigration consultant
e) Violation of the prohibitions for filling out immigration forms.
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f) Violation of requirements when advertising notary services in a
foreign language
g) Translating Notary Public into Spanish as Notario Público or
Notario
h) Failure to notify the Secretary of State of a lost or stolen notary
seal
i) Completing a notary act without being a commissioned notary.
j) Unauthoized duplication, manufacture or sale of the notary
seal.(Public Prosecutor)
4. Infractions, misdemeanors and felonies (Criminal).
a) Infractions
i. Willful failure to notify the Secretary of State of a name
change.
ii. Willful failure to notify the Secretary of State of an address
change.
b) Felonies
i. Perjury (issuing a false notary ackowledgment)
ii. Up to two, three or four years in prison
iii. Fraudulent actions by a notary or other party with respect to
a Deed of Trust
iv. Acting as a notary without being commissioned for a Deed
of Trust (or any document encumbering property)
c) Midemeanors
i. Almost all violations, if serious enough to be criminal will
be a misdemeanor.
1) Notarizing documents containing false statements if
the notary knows about those false statements
(exception is a Deed of Trust which is a felony).
2) Acting as a notary without being commissioned.
3) Destruction, concealment or defacing notary
records.
4) Soliciting or corercing a notary to perform an illegal
or improper notary act.
5) Making false statements to a notary.
6) Failure to submit journal records with the County
Clerk when required.
7) Willful failure to properly maintain journal.
8) Willful failure to notify Secretary of State of a lost,
stolen or destroyed notary journal.
9) Willful failure to notify Secretary of State of a lost,
stolen or destroyed notary journal.
10) Willful failure to notify the Secretary of State if a
journal is surrendered to a peace officer.
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11) Willful failure to allow the lawful inspection or
copying of a notary journal.
12) Willful failure to keep jotary seal under direct and
exclusive control.
13) Willful surrender of journal or seal to someone not
authorized.
14) Any person who solicits, coreces or influences the
notry to improperly maintain journal.
15) Any person who changes notary wording on an
acknowledgment (falsifying the acknowledgment)
5. Suspension or Revocation of the notary commission (administrative)
a) All notarial misconduct is subject to suspension or revocation
of the notary commission.
6. The person affected will have a right to a hearing prior to a revocation
or suspension or after a denial of a commission, or prior to the imposition
of a civil penalty.
7. The person will not have a right to a hearing after a denial of an
application for a notary public commission in either of the following
cases:
The Secretary of State has, within one year previous to the
application, denied or revoked the applicant's application or
commission
8. Resignation or expiration of commission will not stop investigation or
disciplinary proceedings.
9. Criminal Convictions/Court Revocation of Commission — If a notary
public is convicted of a crime related to notarial misconduct, including the
false completion of a notarial certificate (Government Code § 6203), or of
any felony, the court must revoke the notary public’s commission and
require the notary public to surrender to the court the notary seal. The
court will then forward the notary public’s seal to the Secretary of State.
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CHAPTER 11
REVIEW: STEPS TO RECEIVING YOUR COMMISSION
Chapter Objective:
This section reviews the important topics regarding the necessary steps
for a California Notary Public to receive a commission and the
requirements to meet before performing the first notarial act.
Steps Become A California Notary Public Qualifications
1. The California Secretary of State is responsible for issuing the notary
commission for a 4-year term after which the notary must take an
education course and retake the exam to be re-commissioned. To receive
your commission you must meet the following requirements:
a. You must be 18-years of age or older
b. You must be a legal resident of CA
i. A notary public may not use a commercial mail
receiving agency or post office box as his or her
principal place of business or residence unless the
notary public provides the Secretary of State with a
physical street address as the principal place of
residence.
c. All notary commissions issued after July 1,2005 will require
the completion of a state approved 6-hour notary course prior
to commissioning. Subsequent commissioning will require a 3-
hour refresher course. The Proof of Completion is valid for
two (2) years.
Pass The Exam
2. Pass a written exam with a score of 70% or greater. Exam results are
valid for one (1) year. You will complete an application for Notary
commission at that time. This application will include information which
will be used by the Secretary of State to complete your background check.
Failure to list arrests or convictions on your application may be cause for
denial. Even convictions which have been dismissed must be disclosed.
The Secretary of State will recommend denial for conviction of a felony
and any disqualifying misdemeanors where probation for that offense has
been completed less than 10 years ago.
Pass A Background Check
3. All notary applicants must submit fingerprints to the DOJ and FBI for a
background check. The Secretary of State will be notified of any results
as well as any subsequent arrests
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Receive Your Commission
4. Within 30 calendar days of receiving your notary commission:
a. Your bond must be purchased from a California admitted
surety company and must be in the amount of $15,000. The
notary is personally and financially liable for notarial acts
completed improperly, illegally or through negligence. The
bond offers protection to the public in the event you are sued
and in no way protects you. b. You will receive an Authorization to Purchase a Seal along
with your Commission certificate. Send the original
authorization to an approved seal manufacturer to purchase
your notary seal.
c. Take your oath of office and file your bond with the County
Clerk in the County listed on your application as your principal
place of business.
d. Failing to file your bond or take your oath of office within the
30 calendar day period would require that you pay $20 to
reapply for a commission, resubmit a 2”x2” picture, and
resubmit fingerprints via livescan to the DOJ and the FBI.
5. Once you have filed your oath and bond you are considered to be a
Commissioned California Notary. You must receive your notary seal
before you can perform your first notary act. Even though you filed your
bond in the county of your principal place of business, you may notarize
documents anywhere inside the state of California.
You are a public servant of the state of California and must notarize
documents anytime someone comes to you with the proper request and the
fees to pay you. If a Notary is notarizing documents in the capacity of an
employee for the purposes of the employer, an agreement may be made
with the employer to have their notarial services limited to the purposes of
the employer during their hours of employment.
If a Notary Wants to Relinquish Their Commission
6. Notify the Secretary of State that you wish to relinquish your commission
a. Include your notary name, commission number and expiration
date
b. Send the notification via Certified or Registered Mail
c. Remit your journals to the County Clerk where you last filed
your oath and bond
d. Destroy your notary seal(s)
What to Do When Your Commission Has Expired:
7. Destroy your notary seal
8. Begin the renewal process within 30 days or submit your journals to the
county clerk where you last filed your oath and bond. (If you do not start
the renewal process within 30-days, your journals will go to the County
Clerk where you last filed your oath and bond).
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CHAPTER 12
THE TEST
Chapter Objective:
This section describes what to expect concerning the State Exam and
registration process.
You will need to register for the exam and select an examination site. You can
register on line at http://www.cps.ca.gov/takeatest/notary/schedule.asp or by phone at 1-
916-263-3520 Mon thru Fri 8am-5pm. Walk-in registration is also available but not
guaranteed.
Be sure to arrive 30 min prior to the exam time. The fee for first time examinees
or those renewing their commission is $40. The fee for those who have previously taken
the test and failed is $20.00. Fees must be made with check or money order. The
Cooperative Personnel Services (CPS) is contracted with the state to administer the test
and their Proctors do not accept cash since all monies are forwarded to the Secretary of
State.
Take your completed application to the examination site. This application is then
also forwarded to the Secretary of State for qualifying information. If taking a seminar,
this application will be available for you at the seminar site. Be certain to submit your
“Proof of Completion” for the mandatory educational requirements or you will not
receive a commission even if you pass the examination.
Testing will be a maximum of 50 minutes; the CPS proctor administers the test
and they will require you to bring identification (driver’s license, DMV ID card, passport
or US military card). Do not ask the CPS Proctors notary questions because as
Proctors for the Notary Examination, they are not permitted to be notaries
themselves. If you are retaking the exam, you should also bring in a completed
application form and the fail letter notification. Bring two #2 pencils (not required at our
seminar site).
Finally, the actual test is a closed-book exam with 30 questions.
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SAMPLE NOTARY EXAM 30 Questions- Select the BEST answer
The idea on the notary exam is that the BEST answer is the right answer. This
requires that you read the question very carefully and then read EVERY answer before
making your selection. Just because an answer is sometimes right depending on the
situation does not mean that it is the best answer available to you. Perhaps another answer
is right in every circumstance and therefore that answer becomes the BEST and most
correct answer.
Some questions will be written in a complex manner and the best answer may
sometimes be obscured by the other answers that may seem correct. If you do not know
the answer, eliminate the ones you absolutely know cannot be correct. Then, from the
remaining answers, try to place them in a scenario which utilizes the knowledge you have
acquired through this course. If all else fails, select your best guess. Never leave an
answer blank. Take the time to review your answers after you are finished to make sure
that you haven’t misread the question. Answers will be discussed during the seminar.
Good luck!
1) Charging someone more than the allowable fees as prescribed may result in:
a) A fine of up to $750
b) A fine of up to $1,500
c) A suspended or revoked commission
d) a & c
2) The office of the Notary Public is authorized through a written commission from:
a) The Federal Government Notary Commission
b) Cooperative Personnel Services (CPS)
c) Secretary of State, California
d) None of the above
3) Notaries who are commissioned within the State of California are permitted to
notarize documents:
a) Anywhere in the state of California
b) Only in the county where the notary has filed a bond and oath
c) In any state as long as the document venue states that it was completed in
California
d) Anywhere in the United States
4) Upon receiving the letter of commission, where should the notary file their oath and
bond?
a) The Secretary of State
b) In the county of residence
c) In the county where the notary maintains his or her principal place of business
d) All of the above
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5) The $15,000 notary bond:
a) Provides the minimum required amount of liability insurance for the notary
b) Limits the maximum amount of recoverable monetary award against a notary
in a civil lawsuit
c) Must be obtained through a California admitted surety company
d) All of the above
6) When a notary completes either a jurat or acknowledgment, they are:
a) Guaranteeing that the signer proved their authorized capacity before the
notary
b) Assuring the truth and accuracy of the contents within all documents
c) Guaranteeing that the signer personally appeared before the notary at the time
of notarization
d) All of the above
7) A non-attorney notary may never give legal advice. An example of a notary giving
legal advice is:
a) Requiring identification for an acknowledgment
b) To require a solemn oath from the signer as to the truthfulness of the
document’s contents
c) Determining the notary act to be performed
d) All of the above
8) When completing a signature by mark, under what circumstances must the notary
verify the identity of the document principal?
a) Never
b) Only when the two witnesses also are used as credible witnesses
c) If one witness is used as a credible witness and is personally known to the
notary
d) Always
9) Failing to properly identify the signer of an acknowledgment can result in a charge of
which of the following?
a) A fine of up to $10,000
b) Suspension or revocation of the commission
c) Personal liabilities
d) All of the above
10) If the document being notarized is a Security Agreement the notary must:
a) Require a copy of the principal’s identification
b) Get a thumbprint in the notary sequential journal
c) Put the principal under oath
d) All of the above
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11) Lisa Kennedy is notarizing a document for John Bennett who is the President of J&B
Corporation. When completing the Acknowledgment what is entered after the
“before me”:
a) John Bennett, President of J&B Corporation
b) John Benett
c) John Bennett
d) The notary name followed by the title Notary Public
12) The VENUE specifically indicates:
a) The state and county where the document was physically notarized
b) The state and county where the document was drawn
c) The state and county where the notary has filed his or her bond and oath
d) The state and county which has reference within the document
13) Suppose a husband and wife wishes to notarize a grant deed transfer to a third party
who accompanies them to your office. Upon signing, the husband explains that
someone had stolen his wallet and the only identification he has is a DMV temporary
license, which does not have his photograph on it. The temporary license also states
that it is not an approved form of identification. His wife and the grantee are there
with him, however, and you suggest that since there are two other persons with him,
they could act in the capacity of credible witnesses and still have his signature
notarized. Were you right?
a) Yes, because you may use two credible witnesses if someone does not have
ID
b) No, credible witnesses may only be used if they both know the notary and the
signer. There is no indication that the witnesses know the notary
c) Yes, credible witnesses may used even if they are related to the signer
d) None of the above
14) Suppose a document is signed as Jason W. Smith, Jr. and the identification document
presented lists Jason Wilson Smith, the notary should:
a) Accept the identifying document since the middle name for Jason W. Smith is
completely spelled out and the identifying document can have more
information than the signature, but never less.
b) Complete the notarization as long as Mr. Smith swears to the truthfulness of
the identifying document
c) Notarize the document as requested
d) Require an alternative form of identification based on insufficient evidence for
the principal’s identification
15) David E. Jones and Carolyn S. Jones, recently married, both personally appear before
the notary and request notary services relating to a Deed of Trust. Upon presentation
of their identification, the notary notices that Carolyn’s identification document still
has her maiden name but Carolyn quickly presents a copy of a marriage certificate
showing that her name has been changed to Jones. The notary must:
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a) Refuse to notarize the document since acceptable identification is not
presented for Carolyn
b) Require that they both return when she has an acceptable form of
identification
c) A & B
d) None of the above
16) When using one credible witness to verify the identity of the signer, the credible
witness :
a) Must prove their identity to the notary
b) May be known by either the signer or the notary, but not necessarily both
c) May not have a beneficial or financial interest in the document being
notarized
d) A & C
17) Thumbprints are required in the notary’s sequential journal for:
a) All document signers, credible witnesses and/or subscribing witnesses
b) All acknowledgments, but not jurats
c) Power of Attorney, Deeds, deeds of trust and quitclaims affecting real
property (not on Deeds of Reconveyance or Trustee’s Deeds if property is in
foreclosure)
d) Any notarization regardless of the nature of the document
18) When a document requires the signatures of two persons, and both signatures require
notarization, both signers:
a) Must be present before the notary at the same time during signing
b) Can appear at different times, but the notary should only complete only one
notarial certificate (acknowledgment or jurat)
c) Must request a certified copy of the completed document showing that both
signatures have been notarized
d) Can appear at different times, but the notary should complete a separate
notarial certificate (acknowledgment or jurat) for each signer
19) A first offense for failing to comply with legislation regarding the posting of proper
verbiage in both English and non-English, including the posting of fees (if a notary is
advertising his or her services in any non-English language) will result in:
a) Immediate and definite revocation of the notary commission.
b) There is no such legislation.
c) A 6-month suspension of the notary commission.
d) None of the above
20) When notifying the Secretary of State within 10 days that a journal has been
surrendered due to the issuance of a warrant, the notary must also include:
a) A copy of the receipt for the journal
b) The period of journal entries
c) The commission number and expiration date of the notary
d) All of the above
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21) Some (but not necessarily all) information that the journal entries must include are:
a) Birth date of the signer, signature of the signer, fee charged, date, time
b) Signature of the signer, fee charged, serial number and expiration date of the
identifying document used or some indication of how the signer was identified
c) Fee charged, name of the document, thumbprint for all documents notarized
d) Names of all document principals for every document notarized
22) Maximum allowable fees for notary services include:
a) $10/notarized signature, $20 for depositions, $.30 for copies of notary journal
entries, $10 for protesting a non-payment, $5 for serving the protest and $5 for
filing the protest, $10 for certifying a copy of a Power of Attorney.
b) $10/ notarized signature, $10 for depositions, $.30 for copies of notary journal
entries, $10 for protesting a non-payment, $5 for serving the protest and $5 for
filing the protest, $10 for certifying a copy of a Power of Attorney.
c) There are no limitations of fees.
d) None of the above
23) A fine of up to $750 may be issued to the notary for which of the following
a) Notarizing documents without being commissioned.
b) Acting as an attorney.
c) Failing to give the oath when required, failure to complete an
acknowledgment at the time of notarization, charging more than the
prescribed fees or negligent failure to perform duties required of a notary.
d) b & c only
24) Negligent failure to fully carry out your notary duties as required can result in:
a) A felony
b) Suspension or revocation
c) $750 fine
d) b & c
25) Finally, you have received the letter from the Secretary of State which contains your
Certificate of Commission. You have sent your letters of authorization to an approved
seal manufacturer and have received your notary seal back before you have had time
to file your bond and oath. A friend brings you a Deed of Trust to notarize and since
he is your friend, you go ahead and notarize the document since you are planning on
filing your bond and oath in a few days anyway. You are guilty of:
a) A misdemeanor punishable by a $1,500 fine.
b) A misdemeanor
c) A felony
d) Nothing since you already have received your commission.
26) Suppose Mr. Jones’s house had been burglarized and the insurance company asked
Mr. Jones to provide notarized photographs of any items claiming to be stolen in
order to back up his claim. Mr. Jones brings in the photographs and attaches them to a
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statement which states that he swears that the photographs are true and correct. He
then requests that you notarize each photograph along with the statement in order to
prove to the insurance company that he did not in any way alter the photos since
appearing before the notary. What is your response?
a) Refuse to notarize the statement or the photographs since the proper notarial
verbiage is not present.
b) Notarize the photographs only.
c) Refuse the notarization since you are not allowed to notarize photographs.
d) Notarize the statement only
27) If a journal entry requires a right thumbprint, but no right thumb is available, the
notary should:
a) Refuse the notary.
b) Complete the notary using the left thumbprint if available and noting which
thumb was used and an explanation as to why in the journal.
c) Omit the thumbprint from the journal.
d) Require an additional signer.
28) If a notary is convicted of committing perjury, the punishment can be:
a) 10,000 fine.
b) Conviction of a felony.
c) Revocation of the notary commission.
d) All of the above
29) Failing to notify the Secretary of State of a lost, broken or damaged seal can result in
a fine of:
a) $750
b) $1,500
c) $2,500
d) $1,000
30) A notary changing his or her name (due to a marriage, for example) must:
a) Submit an application with the Secretary of State for a name change.
b) File a new oath of office and an amendment to the bond within 30 days.
c) Obtain a Certificate of Authorization to manufacture a new seal with the new
name (but the commission number remains the same).
d) All of the above
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ANSWER KEY
SAMPLE NOTARY EXAM
30 Questions- Select the BEST answer
1) Charging someone more than the allowable fees as prescribed may result in:
a) A fine of up to $750
Yes, but not the best answer available
b) A fine of up to $1,500
No..the fine is $750
c) A suspended or revoked commission
Yes, but not the best answer available
d) A & C
2) The office of the Notary is authorized through a written commission from:
a) The Federal Government Notary Commission
There is no such commission
b) Cooperative Personnel Services (CPS)
This is the testing agency, not the Commissioning agency. (By the way,
CPS Proctors will not provide any information at the testing site about
notary questions since they are not permitted to become notaries
themselves!)
c) Secretary of State, California
Correct
d) None of the above
3) Notaries who are commissioned within the State of California are permitted to
notarize documents:
a) Anywhere in the State of California
Correct, but remember that the notary must comply with the laws of
California. For example, if a State requires that a notary certify the
capacity of a signer (i.e. CEO, Treasurer), the notary may not do so.
b) Only in the county where the notary has filed a bond and oath
c) In any state as long as the document venue states that it was completed in
California
d) Anywhere in the United States
4) Upon receiving the letter of commission, where should the notary file their oath and
bond?
a) The Secretary of State
NO…see below
b) In the County of residence
The principal place of business is the determining condition
c) In the County where the notary maintains his or her principal place of
business
d) All of the above
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5) The $15,000 notary bond:
a) Provides the minimum required amount of liability insurance for the notary
The notary bond provides protection for the public, not the notary.
b) Limits the maximum amount of recoverable monetary award against a notary
in a civil lawsuit
The notary is personally liable for all monetary awards regardless of the
amount
c) Must be obtained through a California admitted surety company
Correct
d) All of the above
6) When a notary completes a jurat or acknowledgment, they are:
a) Guaranteeing that the signer proved their authorized capacity before the
notary
The notary is not allowed to certify the capacity of a signer in California
b) Assuring the truth and accuracy of the contents within the document
Notarization can never guarantee or assure the truth and accuracy of a
document’s contents.
c) Guaranteeing that the signer personally appeared before the notary at the time
of notarization
Correct
d) Certifying the document
The notary may only certify copies of Powers of Attorney and their own
journal
7) A non-attorney notary may never give legal advice. An example of a notary giving
legal advice is:
a) Requiring identification for an acknowledgment
In this case, the notary is required to obtain identification
b) To require a solemn oath from the signer as to the truthfulness of the
document’s contents
This requirement is necessary in order to complete a Jurat
c) Determining the notary act to be performed
Correct. The notary may not suggest to the client whether to perform an
Acknowledgment or a Jurat. To do so is considered to be a practice of
law. The client must be referred to the originator of the document.
d) All of the above
8) When completing a signature by mark, under what circumstances must the notary
verify the identity of the document principal?
a) Never
The document principal signed the document with an “x” but the notary
must still verify his or her identification.
b) Only when the two witnesses also are used as credible witnesses
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c) If one witness is used as a credible witness and is personally known to the
notary
d) Always
9) Failing to properly identify the signer of an acknowledgment can result in a charge of
which of the following?
a) A fine of up to $10,000
b) Suspension or revocation of the commission
c) Personal liabilities
d) All of the above
10) If the document being notarized is a Security Agreement the notary must:
a) Require a copy of the principal’s identification
A notary is never required to get a copy of the principal’s identification
b) Get a thumbprint in the notary sequential journal
Correct. Security Agreements are the same as a Deed of Trust
c) Put the principal under oath
Oaths are required for principals presenting jurats, credible witnesses and
subscribing witnesses. There is no indication that this principal has
presented a Jurat.
d) All of the above
A and C are incorrect.
11) Lisa Kennedy is notarizing a document for John Bennett who is the President of J&B
Corporation. When completing the Acknowledgment what is entered after the
“before me”:
a) John Bennett, President of J&B Corporation
Incorrect. Titles or representative capacity would never be entered in a
notarial Certificate
b) John Benett
Incorrect. John Benett is not mentioned in this scenario
c) John Bennett
John Bennett is the principal and is entered after “personally appeared”
d) The notary name followed by the title Notary Public
Correct. The notary is speaking. What is entered after the before me is the
notary name followed by Notary Public.
12) The VENUE specifically indicates:
a) The state and county where the document was physically notarized
Correct
b) The state and county where the document was drawn
Incorrect
c) The state and county where the notary has filed his or her bond and oath
Incorrect
d) The state and county which has reference within the document
Incorrect
105
13) Suppose a husband and wife wishes to notarize a grant deed transfer to a third party
who accompanies them to your office. Upon signing, the husband explains that
someone had stolen his wallet and the only identification he has is a DMV temporary
license, which does not have his photograph on it. The temporary license also states
that it is not an approved form of identification. His wife and the grantee are there
with him, however, and you suggest that since there are two other persons with him,
they could act in the capacity of credible witnesses and still have his signature
notarized. Were you right?
a) Yes, because all you need is two credible witnesses if someone does not have
ID.
However, the Credible witnesses may not be named or have a beneficial
interest in the document.
b) No, Credible witnesses may only be used if they both know the notary and the
signer. There is no indication that the witnesses know the notary.
Two credible witnesses who prove their identity to the notary are used
specifically when the notary does not personally know one. The two
credible witnesses in this case would be fine except that they are both
named within the document.
c) Yes, credible witnesses may used even if they are related to the signer.
Credible witnesses related to the signer may be used but not when named
within the document.
d) None of the above
Correct. In this case the two credible witnesses are named within the
document and cannot be used. They must leave and return with another
proper form of identification in order to have this transfer notarized.
14) Suppose a document is signed as Jason W. Smith, Jr. and the identification document
presented lists Jason Wilson Smith, the notary should:
a) Accept the identifying document since the middle name for Jason W. Smith is
completely spelled out and the identifying document can have more
information than the signature, but never less.
Unfortunately, without the “Jr.” also present on the identifying document,
it cannot be used.
b) Complete the notarization as long as Mr. Smith swears to the truthfulness of
the identifying document.
This example is not an acceptable form of identification
c) Notarize the document as requested
The notary will need to have an alternate form of identification since”Jr.”
is not present on the identification document in this example.
d) Require an alternative form of identification based on insufficient evidence for
the principal’s identification.
15) David E. Jones and Carolyn S. Jones, recently married, both personally appear before
the notary and request notary services relating to a Deed of Trust. Upon presentation
of their identification, the notary notices that Carolyn’s identification document still
106
has her maiden name but she quickly presents a copy of a marriage certificate
showing that her name has been changed to Jones. The notary must:
a) Refuse to notarize the document since acceptable identification is not
presented for Carolyn
b) Require that they both return when she has an acceptable form of
identification
The Deed of Trust can be notarized for David but Carolyn will need to
return with proper identification or credible witnesses.
c) A & B
d) None of the above
The document can be immediately notarized for David but not for Carolyn
16) When using one credible witness to verify the identity of the signer, the credible
witness:
a) Must prove their identity to the notary
When using one Credible Witness, the Notary and the Signer must
personally know the Credible Witness.
b) May be known by either the signer or the notary, but not necessarily both
Both the signer and the Notary must know the Credible Witness;
otherwise, two credible witnesses are used.
c) May not have a beneficial or financial interest in the document being
notarized
Correct
d) A & C
17) Thumbprints are required in the Notary’s sequential journal for:
a) All document signers, credible witnesses and/or subscribing witnesses
Thumbprints are required only for deeds, deeds of trust and quitclaims
affecting real property.
b) All acknowledgments, but not jurats
Incorrect
c) Power of Attorney, Deeds, deeds of trust and quitclaims affecting real
property (not on Deeds of Reconveyance or Trustee’s Deeds if property is in
foreclosure)
Correct
d) Any notarization regardless of the nature of the document
Incorrect, but most notaries obtain thumbprints for everything anyway
unless the client refuses to provide the thumbprint.
18) When a document requires the signatures of two persons, and both signatures require
notarization, both signers:
a) Must be present before the notary at the same time during signing.
No. They may appear at different times
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b) Can appear at different times, but the notary should only complete a single
notarial certificate (acknowledgment or jurat) for both.
A notorial certificate must be completed for each since they appeared at
different times. A “loose certificate” should be completed and attached for
the second signer at the time the notary notarizes the second signature.
c) Must request a certified copy of the completed document showing that both
signatures have been notarized.
Incorrect
d) Can appear at different times, but the notary should complete a separate
notarial certificate (acknowledgment or jurat) for each signer.
Correct
19) Failing to comply with legislation regarding the posting of proper verbiage in both
English and Non-English, (if a Notary is advertising their services in any non-English
language) will result in:
a) Immediate and definite revocation of the notary commission.
Incorrect- a minimum of one-year suspension, but not immediate
revocation
b) There is no such legislation.
Incorrect
c) A 6-month suspension of the notary commission.
A minimum of one-year suspension
d) None of the above
A minimum of one-year suspension and a possibility of revocation
20) When notifying the Secretary of State that a journal has been surrendered, the notary
must also include:
a) A copy of the receipt for the journal
Yes, but the best answer is d) all of the above
b) The period of journal entries
Yes, but the best answer is d) all of the above
c) The commission number and expiration date of the notary
Yes, but the best answer is d) all of the above
d) All of the above
Correct
21) Some (but not necessarily all) information that the journal entries must include are:
a) Birth date of the signer, signature of the signer, fee charged, date, time
Birth date is not required
b) Signature of the signer, fee charged, serial number and expiration date of the
identifying document used or some indication of how the signer was
identified.
Correct. Please note that not everything is included here. For example,
you need the date and time the document was notarized. The question does
108
suggest that all information in the journal is listed. It only states that these
items are required.
c) Fee charged, name of the document, thumbprint for all documents notarized
Thumbprints are required for deeds, grant deeds and quitclaims affecting
real property, not for all documents.
d) Names of all document principals for every document notarized
Remember that not all document principals sign the document in every
instance. For example, document principals in a Grant Deed are the
Grantors and Grantees, but only the Grantors will sign the document and
have it notarized.
22) Maximum allowable fees for notary services include:
a) $10/notarized signature, $20 for depositions, $.30 for copies of notary journal
entries, $10 for protesting a non-payment, $5 for serving the protest and $5
for filing the protest, $10 for certifying a copy of a Power of Attorney
b) $10/ notarized signature, $10 for depositions, $.30 for copies of notary
journal entries
It is $20 for depositions
c) There are no limitations of fees
Obviously incorrect
d) None of the above
23) A fine of up to $750 may be issued to the notary for which of the following
a) Notarizing documents without being commissioned
This fine is $1,500
b) Acting as an attorney.
No stipulated fine but could include suspension or revocation along with
personal financial liability and criminal prosecution.
c) Failing to give the oath when required, failure to complete an
acknowledgment at the time of notarization, charging more than the
prescribed fees or negligent failure to perform duties required of a notary.
Correct
d) b & c only
24) Negligent failure to fully carry out your notary duties as required can result in:
a) A felony
b) Suspension or revocation
c) $750 fine
d) b & c
25) Finally, you have received the letter from the Secretary of State which contains your
Certificate of Commission. You have sent your letters of authorization to an approved
seal manufacturer and have received your notary seal back before you have had time
to file your bond and oath. A friend brings you a Deed of Trust to notarize and since
109
he is your friend, you go ahead and notarize the document since you are planning on
filing your bond and oath in a few days anyway. You are guilty of:
a) a misdemeanor punishable by a $1,500 fine
b) a misdemeanor
Acting as a notary without commission is usually a misdemeanor but
when it affects the encumbrance of property it is a felony.
c) a felony
It is a felony
d) nothing since you already have received your commission
You are not a commissioned notary until you file your oath and bond.
26) Suppose Mr. Jones’s house had been burglarized and the insurance company asked
Mr. Jones to provide notarized photographs of any items claiming to be stolen in
order to back up his claim. Mr. Jones brings in the photographs and attaches them to a
statement which states that he swears that the photographs are true and correct. He
then requests that you notarize each photograph along with the statement in order to
prove to the insurance company that he did not in any way alter the photos since
appearing before the notary. What is your response?
a) Refuse to notarize the statement or the photographs since the proper notarial
verbiage is not present
You may not notarize the photographs but you may certainly notarize
the statement with a Jurat since it a statement in which the signer is
guaranteeing the truthfulness of the statement.
b) Notarize the photographs only
You may never place your notary seal on any document not containing
proper notarial verbiage.
c) Refuse the notarization since you are not allowed to notarize photographs
You may not notarize the photographs but you may certainly notarize the
statement with a Jurat since it a statement in which the signer is
guaranteeing the truthfulness of the statement.
d) Notarize the statement only
Correct
27) If a journal entry requires a right thumbprint but no right thumb is available, the
notary should:
a) Refuse the notary
b) Complete the notary using the left thumbprint if available and noting which
thumb was used and an explanation as to why in the journal.
Right thumbprints are required for certain types of documents and if the
right is not available, the left may be used or if the left is unavailable a
fingerprint may be used. In all events, if the right thumb is not available,
the notary needs to indicate which one was used and why.
c) Omit the thumbprint from the journal
d) Require an additional signer
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28) If a notary is convicted of committing perjury, the punishment can be:
a) $10,000 fine
b) Conviction of a felony
c) Suspension or revocation of the notary commission
d) All of the above
29) Failing to notify the Secretary of State of a lost, broken or damaged seal can result in
a fine of:
a) $750
b) $1,500
c) $2,500
d) $1,000
30) A notary changing their name (due to a marriage, for example) must:
a) Submit an application with the Secretary of State for a name change
b) File a new oath of office and an amendment to the bond within 30 days
c) Obtain a Certificate of Authorization to manufacture a new seal with the new
name (but the commission number remains the same)
d) All of the above
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of _______________________
On __________________ before me, _________________________________________________________, (here insert name and title of the officer)
personally appeared _______________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
(Seal)
WITNESS my hand and official seal.
________________________________________
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
___________________________________________ (Title or description of attached document)
_____________________________________________________
(Title or description of attached document continued)
Number of Pages _____ Document Date__________
___________________________________________ (Additional information)
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
___________________ (Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
□ Other _______________________________
INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required.
State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.
The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).
Print the name(s) of document signer(s) who personally appear at the time of
notarization.
Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.
The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
Signature of the notary public must match the signature on file with the office of the county clerk.
Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
CAPA v12.10.07 800-873-9865 www.NotaryClasses.com A-1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: ┌ ┐
NAME Jane Doe and John Doe
STREET ADDRESS
1234 Main St
CITY, STATE, ZIP
Los Angeles, CA 90034
└ ┘
________________________________________________________________________SPACE ABOVE THIS LINE FOR RECORDER’S USE ______________________
~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
__________________________________________________________
STATE OF CALIFORNIA ______________________________________________
COUNTY OF _____________ ______________________________________________
On ______________ ____________ before me, ___________________________________________________________________ , (Name/Title, i.e. “Jane Doe, Notary Public)
personally appeared __________________________________________________________________________________________ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________
(SIGNATURE OF NOTARY) (SEAL)
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) William A. Jones and Mary B. Jones, (NAME OF GRANTOR(S))
Husband and Wife
grant to John Doe and Jane Doe, husband and wife (NAME OF GRANTEE(S)
, AS JOINT TENANTS,
all that real property situated in the City of Los Angeles (or in an unincorporated area of)
Los Angeles County, State of CA , described as follows (insert legal description):
Lot 21 of Tract 345 as per plat recorded in book 17 of pages 28 and 29 inclusive of records of said county.
Assessor’s Parcel No: 323-98-1234
Executed on January 3, 2009 at Los Angeles, CA (CITY AND STATE)
GRANT DEED Joint Tenancy
Los Angeles
January 4, 2009 John Q. Notary, Notary Public
William A. Jones and Mary B. Jones
John Q. Notary
William A. Jones
Mary B. Jones
Notary Seal Imprint Here Close to your signature
The venue indicates the location where
this notary act occurred
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO NAME: John P Smith ADDRESS: 1234 Main St. CITY: Los Angeles, STATE & ZIP: CA 90075
TITLE ORDER NO. 123788 ESCROW NO. 1234441 APN NO. 12334444222
AFFIDAVIT OF DEATH OF JOINT TENANT John P Smith , of legal age, being first duly sworn, deposes and says: That Ann D. Smith , the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as named as one of the parties in that certain Grant Deed dated August ,4 ,2007, executed by Kenneth Jefferson and Margaret N. Jefferson to John P. Smith and Ann D. Smith, husband and wife, as joint tenants, recorded as Instrument No. ___177998_______________________ on August 5, 2007, in Book ____35_______________, Page _____2______, of __Los Angeles___________________ Records of Los Angeles County, California, covering the following described property situated in the said County, State of California: Lot 21 of tract 4055 State of California County of _____________________ Subscribed and Sworn to (or affirmed) before me on this ________________ day of ___________, 20 __________ by ______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ______________ Signature
John P. Smith
San Diego
John P. Smith
19th January 09
John Q. Notary
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Example of proper Jurat wording for California as
of Jan 1, 2008
Document signer must be given an
oath or affirmation regarding the
truthfulness of the contents in this
document.
(Notary Seal)
Proof of Execution by a SUBSCRIBING WITNESS
(Subscribing Witness Jurat) State of _________________ County of ______________________
On ________________________ before me, the undersigned, a notary public for the state, personally (date) appeared ________________________________ proved to me to be the person whose name is subscribed (subscribing witness’s name) to the within instrument, as a witness thereto, on the oath of _____________________________________, [credible witness’s name] a credible witness who is known to me and provided a satisfactory identification document. ____________________________________ being by me duly sworn, deposed and said that he/she was (subscribing witness’s name) present and saw/heard ___________________________________________________________________________________ (name[s] of principal[s]) the same person(s) described in and whose name(s) is/are subscribed to the within, or attached, instrument in his/her/their authorized capacity(ies) as (a) party (ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within instrument as a witness at the request of ___________________________________________________________________________________ (name[s] of principal[s]). WITNESS my hand and official seal. ____________________________ Notary Signature
OPTIONAL INFORMATION While law does not require the following information, completing relevant portions may minimize the potential of this document being fraudulently attached to another document subsequent to signing.
________________________________ Name of document ________________________________ Date of document ________________________________ Number of pages
_________________________________ _________________________________ _________________________________ _________________________________ Other information
Stamp clear impression of notary seal above.
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Journal Entry Left Page
Time and date that the person PERSONALLY appeared before you.
Type of notary act performed.
Document date is not necessarily the date of notarization
Identification Document used if any. If credible witnesses are used, indicate their names here. Be sure to include serial number and expiration date or date of issuance.
Journal Entry Right Page
Address not required but can be very helpful later if someone needs to contact the signer.
Signature required. The signature should be exactly as the name within the document . We must assume that since John D. Signer signed the journal, the name in the document was not John D. Signer, Sr. for example.
Notary fees only! Not travel fees if any.
Thumbprints for POA and Deeds are required!
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