25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Under Section 1633.12, what condition must an electronic record meet to satisfy a law requiring record retention?
Answer: The electronic record must reflect accurately the information set forth in the record at the time it was first generated in its final form and remain accessible for later reference. The statute requires that the electronic record accurately reflect the original information and remain accessible for future reference.
California Notary Public Handbook, page 50: “the requirement is satisfied by retaining an electronic record of the information in the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference.”
2. Where are civil penalties collected under Section 8214.15 transferred?
Answer: To the General Fund. The handbook mandates that collected civil penalties be transferred to the General Fund.
California Notary Public Handbook, page 38: “Any civil penalties collected pursuant to this section shall be transferred to the General Fund.”
3. What condition must be met regarding the signer's presence when affixing an acknowledgment to a document?
Answer: The signer must personally appear before the notary public. The rule requires the signer to personally appear before the notary; mailing the document without personal appearance is prohibited.
California Notary Public Handbook, page 13: “An acknowledgment cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public.”
4. What is the consequence for a county officer who refuses or neglects to provide a written account of fees upon request by the person paying them?
Answer: The officer is liable to the person paying the fees in treble the amount so paid. Section 6109 specifies that failure to provide the required written account results in liability for treble the amount paid.
California Notary Public Handbook, page 44: “If the officer refuses or neglects to do so when required, he is liable to the person paying the fees in treble the amount so paid.”
5. Under Business and Professions Code § 22449, how is "price gouging" defined in the context of providing services for the Deferred Action for Childhood Arrivals program?
Answer: Any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services. The code defines price gouging specifically as pressuring clients to buy immediately to avoid future price increases, rather than general high pricing.
California Notary Public Handbook, page 54: “For the purposes of this section, “price gouging” means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services.”
6. Under what specific condition is an identification card issued by a federally recognized tribal government acceptable for establishing identity?
Answer: It must contain a photograph, description, signature, and identifying number. The handbook lists federally recognized tribal government IDs under the category of documents acceptable via reasonable reliance, provided they meet the specific criteria of containing a photo, description, signature, and ID number.
California Notary Public Handbook, page 10: “There is reasonable reliance on any one of the following forms of identification, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number:”
7. What information must be included when submitting a written address change notification to the Secretary of State?
Answer: Name exactly as on commission certificate, commission number, expiration date, address type, and new addresses. The handbook lists specific required details including name, commission info, address type, and new addresses for proper processing.
California Notary Public Handbook, page 22: “Note: To ensure proper processing, include the following information when submitting the written address change notification to the Secretary of State: • Name of the notary public exactly as it appears on the commission certificate; • Commission number and expiration date of the commission; • Whether the address change is for the business, residence, and/or for mailing purposes; and • New business, including business name, residence, and/or mailing address.”
8. What action must a notary take regarding their seal upon termination, resignation, or revocation of their commission?
Answer: Destroy or deface it. The handbook mandates that the seal must be destroyed or defaced when the commission ends.
California Notary Public Handbook, page 34: “The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission.”
9. What is the maximum civil penalty a California notary public may face for willfully stating as true any material fact that they know to be false?
Answer: $10,000. The law sets a specific cap of $10,000 for civil penalties imposed for knowingly false statements.
California Notary Public Handbook, page 48: “A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000).”
10. Under California law, what is the maximum civil penalty a notary public may face for willfully stating as true any material fact known to be false?
Answer: $10,000. The handbook states that the civil penalty for this specific violation does not exceed $10,000.
California Notary Public Handbook, page 13: “The notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding $10,000.”
11. Which of the following is a valid form of administering an oath or affirmation in an action or proceeding as described in Section 2094?
Answer: Asking, "Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?". Section 2094 provides specific wording for oaths and affirmations, including the option to use the phrase 'under penalty of perjury' without invoking God.
California Notary Public Handbook, page 52: “(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?””
12. According to § 8201.2, what is the maximum civil penalty a person may face for violating regulations adopted by the Secretary of State for approved notary public education vendors?
Answer: One thousand dollars ($1,000). The statute sets the cap for civil penalties at one thousand dollars per violation.
California Notary Public Handbook, page 29: “A person who provides notary public education and violates any of the regulations adopted by the Secretary of State for approved vendors is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation and shall be required to pay restitution where appropriate.”
13. Which of the following is listed as a ground for disciplinary action against a California notary public?
Answer: Willful failure to report the theft or loss of the sequential journal. The handbook lists 'willful failure to report the theft or loss of the sequential journal' among the specific reasons for denial, revocation, or suspension.
California Notary Public Handbook, page 20: “willful failure to report the theft or loss of the sequential journal”
14. In which capacity is a notary public considered NOT to have a direct financial or beneficial interest in a transaction?
Answer: As an agent. The handbook lists 'agent' as a role where the notary does not have a direct financial interest, whereas grantor, mortgagee, and trustee are listed as roles where they do.
California Notary Public Handbook, page 12: “A notary public would not have a direct financial or beneficial interest in a transaction if a notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow holder, or lender for a person having a direct financial or beneficial interest in the transaction.”
15. Under what condition is proof of execution permitted for a trustee’s deed or deed of reconveyance, according to Section 1195(b)(1)?
Answer: Proof of execution is permitted for trustee’s deeds and deeds of reconveyance, even though it is not permitted for grant deeds or mortgages. The handbook states that while proof of execution is generally not permitted for various real property instruments, it is specifically permitted for trustee’s deeds and deeds of reconveyance.
California Notary Public Handbook, page 49: “Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustee’s deed or deed of reconveyance is permitted.”
16. According to Probate Code § 4307, which of the following persons is authorized to certify a copy of a power of attorney?
Answer: An attorney authorized to practice law in this state. The statute specifically lists attorneys authorized to practice law in the state, notaries public, and certain officials as the only persons authorized to certify copies of powers of attorney.
California Notary Public Handbook, page 52: “(b) A copy of a power of attorney may be certified by any of the following: (1) An attorney authorized to practice law in this state.”
17. What is the consequence of failing to keep the notary journal in a locked and secured area under the direct and exclusive control of the notary?
Answer: The Secretary of State may take administrative action against the commission held by the notary public. The handbook states that failure to secure the journal allows the Secretary of State to take administrative action against the notary's commission.
California Notary Public Handbook, page 32: “Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.”
18. If a newly appointed notary public mails their oath and bond to the county clerk, which of the following statements accurately reflects the rule regarding filing deadlines?
Answer: Sufficient time must be allowed to ensure timely filing, and no exceptions are made for mail delays. The handbook mandates that the notary must allow sufficient time for delivery and states that no exceptions are made for mail or processing delays.
California Notary Public Handbook, page 8: “If mailing an oath and bond to the county clerk, sufficient time must be allowed by the newly appointed notary public to ensure timely filing. Note: Exceptions are not made to the 30-day filing requirement due to mail service delays, county clerk mail processing delays, or for any other reason.”
19. Under § 8204, what is the standard term of office for a California notary public?
Answer: Four years. The law clearly states that the term of office for a notary public is four years.
California Notary Public Handbook, page 31: “The term of office of a notary public is for four years commencing with the date specified in the commission.”
20. What limitation applies to affixing a notary seal and signature to a document?
Answer: It cannot be affixed without the correct notarial wording. The handbook states that a seal and signature cannot be affixed unless the correct notarial wording is present, distinguishing this from the rules for mailed documents.
California Notary Public Handbook, page 13: “Also, a notary public seal and signature cannot be affixed to a document without the correct notarial wording.”
21. Under what condition is a certificate of acknowledgment taken in another state considered sufficient for use in California?
Answer: If it is taken in accordance with the laws of the place where the acknowledgment is made. California accepts out-of-state acknowledgments provided they comply with the laws of the jurisdiction where they were executed.
California Notary Public Handbook, page 48: “Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.”
22. If a notary public resigns or their commission expires, does this prevent the Secretary of State from continuing an investigation or disciplinary proceeding?
Answer: No, the resignation or expiration does not bar the Secretary of State from instituting or continuing an investigation. The statute states that resignation or expiration does not stop the Secretary of State from investigating or disciplining the notary.
California Notary Public Handbook, page 39: “Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, if the Secretary of State determines, after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, that any notary public has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission, the resignation or expiration of the notary public’s commission shall not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary proceedings.”
23. Which of the following is required when a notary public files their oath of office and bond in a new county after moving their business?
Answer: They must check the county transfer box at the bottom of the oath form. The handbook specifies that when filing the oath in the new county, the notary must check the county transfer box on the form.
California Notary Public Handbook, page 25: “To file a county change, you must request an oath of office form from the Secretary of State. The oath will have the name of your original county; however, you must take and file your oath of office in the new county, checking the county transfer box at the bottom of the oath form.”
24. According to California law, what specific information must a notary's official seal clearly show when affixed to a document?
Answer: The notary's name, the State Seal, the words 'Notary Public,' the county of filing, and the commission expiration date. The statute lists these five specific elements as required content for the official seal.
California Notary Public Handbook, page 34: “A notary public shall provide and keep an official seal, which shall clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words “Notary Public,” and the name of the county wherein the bond and oath of office are filed, and the date the notary public’s commission expires.”
25. What restriction does Section 8224.1 place on a notary public regarding the acknowledgment of instruments?
Answer: The notary shall not take the acknowledgment or proof of instruments of writing executed by the notary public. The statute prohibits a notary from performing notarial acts on documents they themselves executed or on their own affidavits/depositions to avoid conflicts of interest.
California Notary Public Handbook, page 41: “A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public.”