25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Where should the notary public seal be placed on a document to ensure it is accepted for recordation?
Answer: It should not be placed over signatures or over any printed matter on the document. The handbook instructs that the seal must not overlap signatures or printed text to avoid rejection of the document.
California Notary Public Handbook, page 9: “The seal should not be placed over signatures or over any printed matter on the document.”
2. Under Section 8224, in which specific capacity is a notary public considered to have NO direct financial or beneficial interest in a transaction, thereby allowing them to perform the notarial act?
Answer: As an agent acting for a person having a direct financial interest. The law specifies that acting as an agent for another party does not constitute a direct financial interest, unlike being named individually as a principal, grantor, beneficiary, or mortgagee.
California Notary Public Handbook, page 41: “For purposes of this section, a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction.”
3. Is there a fee associated with requesting a new Certificate of Authorization to have a new stamp made?
Answer: No, there is no fee. The handbook clearly states that there is no fee to request a Certificate of Authorization for a new stamp.
California Notary Public Handbook, page 26: “There is no fee to request a Certificate of Authorization.”
4. What specific physical identifier must a signer provide in the journal when notarizing a deed of trust?
Answer: Their right thumbprint. The law mandates the right thumbprint first for real property documents, with alternatives only if the right thumb is unavailable.
California Notary Public Handbook, page 11: “If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property or a power of attorney document, the notary public shall require the party signing the document to place their right thumbprint in the journal.”
5. Under Section 8202.5, how must fees collected by a notary public appointed for a governmental entity be handled?
Answer: The fees are remitted to the employing agency and deposited to the credit of the fund paying the notary's salary. The statute mandates that fees collected by such notaries must be remitted to the employing agency and credited to the fund from which the notary's salary is paid.
California Notary Public Handbook, page 30: “Any fees collected or obtained by any notary public whose documents have been filed without charge and for whom bond premiums have been paid by the employer of the notary public shall be remitted by the notary public to the employing agency which shall deposit the funds to the credit of the fund from which the salary of the notary public is paid.”
6. Under Government Code section 8211(d), which of the following scenarios requires a notary public to charge no fee?
Answer: Notarizing signatures on vote by mail ballot identification envelopes or other voting materials. The handbook lists specific exceptions where fees are prohibited, including the notarization of signatures on vote-by-mail ballot identification envelopes.
California Notary Public Handbook, page 21: “Pursuant to Government Code section 8211(d) no fee can be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.”
7. What is the required physical format for the notice located at the top of a jurat certificate?
Answer: It must be enclosed in a box. Section 8202(b) mandates that the verification notice be placed at the top of the jurat and enclosed within a box.
California Notary Public Handbook, page 29: “there shall be attached a jurat that includes a notice at the top, in an enclosed box”
8. A notary public in California whose current commission has expired is seeking reappointment. Which education requirement must they satisfy?
Answer: They must attach proof of completion for a six-hour course. The handbook states that even if a three-hour refresher was taken, a six-hour course is required for reappointment after expiration.
California Notary Public Handbook, page 25: “If you are a notary public seeking reappointment and took an approved threehour notary public refresher education course, you will still need to take an approved six-hour course.”
9. If a notary public's sequential journal is lost or stolen, what action must the notary take immediately?
Answer: Notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The handbook requires immediate notification to the Secretary of State via a method that provides proof of delivery, such as certified mail.
California Notary Public Handbook, page 11: “If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public immediately must notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt.”
10. Under California Civil Code § 1185, which of the following is considered acceptable identification for a signer if the document is current or issued within five years?
Answer: A driver’s license issued by the Department of Motor Vehicles. The statute lists a DMV-issued identification card or driver's license as a valid form of identification, provided it is current or issued within the last five years.
California Notary Public Handbook, page 47: “Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: (A) An identification card or driver’s license issued by the Department of Motor Vehicles.”
11. Which of the following is a valid ground for the Secretary of State to refuse, revoke, or suspend a notary public's commission?
Answer: Conviction of a felony or a lesser offense involving moral turpitude. Section 8214.1(b) lists conviction of a felony or an offense involving moral turpitude as a specific ground for refusal, revocation, or suspension of the commission.
California Notary Public Handbook, page 37: “(b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public.”
12. Under what condition is a notary public guilty of a misdemeanor regarding the custody of their official seal?
Answer: If the notary public willfully fails to keep the seal under their direct and exclusive control. The handbook states that willfully failing to maintain direct and exclusive control of the seal constitutes a misdemeanor.
California Notary Public Handbook, page 9: “A notary public is guilty of a misdemeanor if the notary public willfully fails to keep the notary public seal under the notary public’s direct and exclusive control or if the notary public willfully surrenders the notary public’s seal to any person not authorized to possess it.”
13. What additional step is required if a notary's commission expires before they retake the exam after failing the initial attempt?
Answer: They must take an approved six-hour course. If the commission expires before the retake, the previous three-hour course is invalid, requiring the applicant to complete the full six-hour course instead.
California Notary Public Handbook, page 24: “However, if your commission expires prior to retaking the exam, the three-hour course no longer meets the education requirements, and you will need to take an approved six-hour course.”
14. Which of the following documents is exempt from the requirement of acknowledgment or proof by subscribing witness before recording, according to Section 27287?
Answer: A trustee’s deed resulting from a decree of foreclosure. Section 27287 lists specific exceptions to the general rule requiring acknowledgment, including trustee's deeds resulting from foreclosure decrees.
California Notary Public Handbook, page 45: “This section shall not apply to a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance.”
15. According to Civil Code § 1185, which of the following is a valid form of identification for a signer if the document is current or issued within five years?
Answer: A driver's license issued by a state other than California. The statute lists out-of-state driver's licenses as acceptable identification, provided they meet the currency and photo requirements.
California Notary Public Handbook, page 47: “(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses.”
16. Under what specific circumstance is a notary public permitted to certify a copy of a document?
Answer: Only powers of attorney under Section 4307 of the Probate Code. The handbook limits the authority to certify copies to powers of attorney under Section 4307 of the Probate Code.
California Notary Public Handbook, page 32: “To certify copies of powers of attorney under Section 4307 of the Probate Code.”
17. What is the required amount for the official bond that every person appointed a notary public must execute?
Answer: $15,000. Section 8212 specifies that the official bond amount is fifteen thousand dollars.
California Notary Public Handbook, page 36: “Every person appointed a notary public shall execute an official bond in the sum of fifteen thousand dollars ($15,000).”
18. What is the maximum fine for a willful failure to notify the Secretary of State of a change of address?
Answer: Not more than five hundred dollars ($500). The handbook sets a specific cap of $500 for infractions related to failing to notify the Secretary of State of address changes.
California Notary Public Handbook, page 37: “Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).”
19. How must a California notary public notify the Secretary of State of a change in their business, mailing, or home address?
Answer: By certified mail or any other means of physical delivery that provides a receipt. The rule requires notification via certified mail or physical delivery with a receipt within 30 days.
California Notary Public Handbook, page 25: “Notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days of the change.”
20. When using a credible witness to identify a signer under Civil Code § 1185, which condition must the witness meet regarding their relationship to the document?
Answer: The witness must not have a financial interest in the document. The statute requires that the credible witness must not have a financial interest in the document and must not be named in it.
California Notary Public Handbook, page 47: “The witness does not have a financial interest in the document being acknowledged and is not named in the document.”
21. According to Code of Civil Procedure § 12a, how is a deadline treated if the last day for performing a required act falls on a holiday?
Answer: The period is extended to and including the next day that is not a holiday. The statute states that deadlines falling on holidays are extended to the next non-holiday day.
California Notary Public Handbook, page 50: “If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday.”
22. Under Section 8227.1, which of the following actions by a person who is not a duly commissioned, qualified, and acting notary public constitutes a misdemeanor?
Answer: Representing or holding themselves out to the public as being entitled to act as a notary public. The statute lists representing oneself as entitled to act as a notary public as a misdemeanor offense for non-notaries.
California Notary Public Handbook, page 42: “It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California to do any of the following: (a) Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public.”
23. According to Government Code section 8206, what is the requirement for a notary public's journal entry when no fee is charged for a service?
Answer: The notary must make an entry in the journal, such as “no fee” or “0.”. The handbook states that a journal entry is mandatory even when no fee is collected, specifying examples like "no fee" or "0".
California Notary Public Handbook, page 21: “The notary public is required to make an entry in the notary public journal even if no fee was charged, such as “no fee” or “0.””
24. According to California law, what specific information must be included in the enclosed box at the top of a certificate of acknowledgment?
Answer: A statement verifying only the identity of the signer, not the truthfulness, accuracy, or validity of the document. The statute mandates that the boxed notice verify identity only, distinguishing it from certifying the document's content.
California Notary Public Handbook, page 48: “Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.””
25. Which specific phrase identifies the form as a jurat?
Answer: Subscribed and sworn to (or affirmed). The handbook directly states that the phrase 'Subscribed and sworn to (or affirmed)' is the identifier for a jurat form.
California Notary Public Handbook, page 13: “The jurat is identified by the wording “Subscribed and sworn to (or affirmed)” contained in the form.”