25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. What action is described as unacceptable regarding the application of a notary seal?
Answer: Affixing a seal and signature without the required notarial wording. The note clearly states that applying a seal and signature without the accompanying notarial wording is not acceptable.
California Notary Public Handbook, page 16: “Note: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.”
2. Who is the exclusive owner of the notary journal, even if the employer paid for it?
Answer: The notary public. The handbook states that the journal belongs exclusively to the notary, regardless of who purchased it or employment status.
California Notary Public Handbook, page 33: “The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time.”
3. What specific information must a notary record in their journal when establishing identity through two credible witnesses?
Answer: The type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses. The note following section C lists these three specific data points as required entries in the journal for two credible witnesses.
California Notary Public Handbook, page 10: “the notary public must indicate in their journal the type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities.”
4. According to Section 8214.15, who determines the imposition of civil penalties if a hearing is requested?
Answer: The hearing officer. The handbook states that while the Secretary of State imposes penalties if no hearing is requested, a hearing officer makes the determination if a hearing is requested.
California Notary Public Handbook, page 38: “If a hearing is requested, the hearing officer shall make the determination.”
5. What specific information must a protest contain regarding the instrument and its status?
Answer: It must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The law requires the protest to identify the instrument and certify the status of presentment and the specific reason for dishonor (nonacceptance or nonpayment).
California Notary Public Handbook, page 52: “The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment.”
6. What specific document must a vendor submit to the Secretary of State for verification and recordkeeping?
Answer: The original certificate of authorization containing a sample impression of the seal. The handbook specifies that the original certificate, containing a sample impression of the seal, is the document submitted to the Secretary of State, while the copy is retained by the vendor.
California Notary Public Handbook, page 35: “the original, which shall contain a sample impression of the seal issued to the notary public, shall be submitted to the Secretary of State for verification and recordkeeping.”
7. What is required for a notary acknowledgment to be deemed complete for recording purposes without the official seal?
Answer: The name of the notary, the county of the notary’s principal place of business, and the notary’s commission expiration date must be typed or printed below or immediately adjacent to the signature. The handbook specifies that the official seal is not required if the notary's name, county of business, and commission expiration date are printed near the signature.
California Notary Public Handbook, page 45: “A notary acknowledgment shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary’s principal place of business, and the notary’s commission expiration date are typed or printed below or immediately adjacent to the notary’s signature in the acknowledgment.”
8. What happens to notarial journals, records, and papers if they are delivered to the Secretary of State?
Answer: They are returned to the sender. The handbook specifies that documents sent to the Secretary of State are returned to the sender rather than being kept or processed.
California Notary Public Handbook, page 12: “Any notarial journals, records and papers delivered to the Secretary of State will be returned to the sender.”
9. Under California Government Code § 8203.3, from which specific group of individuals must a notary public for a military or naval reservation be appointed?
Answer: Federal civil service employees at the reservation. The statute restricts eligibility to federal civil service employees working at the specific reservation.
California Notary Public Handbook, page 31: “appointment will be made only from among those persons who are federal civil service employees at the reservation in which they will act as notaries public.”
10. What specific detail must a notary record in their journal regarding the identification document presented by a single credible witness?
Answer: The type of identifying document, issuing agency, identifying number, and date of issuance or expiration. The note following the section on single credible witnesses lists these four specific data points that must be recorded in the journal.
California Notary Public Handbook, page 10: “the notary public must indicate in their journal the type of identifying document, the governmental agency issuing the document, the identifying number of the document, and the date of issuance or expiration of the document presented by the witness to establish the identity of the witness.”
11. What is the maximum allowed width for a rectangular official notary seal in California?
Answer: One inch. The handbook specifies that a rectangular seal must be no more than one inch in width.
California Notary Public Handbook, page 34: “The seal may be circular not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border, and shall contain the information required by this section.”
12. What is the required procedure if a California notary public is unable to communicate directly with a signer?
Answer: Refer the customer to a notary public who speaks the customer’s language. The handbook instructs that if direct communication is not possible, the signer should be referred to another notary who speaks their language, rather than using an interpreter.
California Notary Public Handbook, page 23: “If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language.”
13. If a notary public moves their business address to a new county, what does Government Code section 8213 require regarding their oath and bond?
Answer: It is permissive, but not required, to file a new oath and bond in the new county. The law states that filing a new oath and bond in the new county is optional (permissive) rather than mandatory when moving between counties.
California Notary Public Handbook, page 22: “If the notary public moves to a new county, it is permissive, but not required, to file a new oath and bond in the new county.”
14. According to Section 6100, which notaries public are prohibited from performing notarial services without charging a fee?
Answer: Notaries public whose fees are required by law to be remitted to the state or any other public agency. The handbook creates an exception for notaries whose fees must be remitted to public agencies, implying they must charge fees, while others may perform services without charging.
California Notary Public Handbook, page 43: “This section shall not be construed to prohibit any notary public, except a notary public whose fees are required by law to be remitted to the state or any other public agency, from performing notarial services without charging a fee.”
15. How does a certification made by a disinterested custodian relate to a certified copy issued by a recorder?
Answer: It is separate and distinct from a certified copy issued by a recorder for purposes of Sections 1530 and 1531 of the Evidence Code. The handbook clarifies that the custodian's certification is legally distinct from the recorder's certified copy under the specified Evidence Code sections.
California Notary Public Handbook, page 45: “A certification made by a disinterested custodian pursuant to this subdivision is separate and distinct from a certified copy issued by a recorder for purposes of Sections 1530 and 1531 of the Evidence Code.”
16. How long are notary public exam results valid from the date of the examination?
Answer: One year. The handbook specifies that exam results remain valid for a period of one year starting from the date the exam was taken.
California Notary Public Handbook, page 24: “Test results are valid for one year from the date of the examination.”
17. Who is authorized to bring a civil action to recover the penalty for willful violations of specified notary sections?
Answer: The Attorney General, district attorney, city attorney, or city prosecutor. The handbook lists the Attorney General, district attorney, city attorney, and city prosecutor as the entities empowered to bring the civil action for recovery.
California Notary Public Handbook, page 35: “which may be recovered in a civil action brought by the Attorney General or the district attorney or city attorney, or by a city prosecutor in any city and county.”
18. According to Section 27287, when an instrument is executed by a corporation, who must acknowledge its execution before it can be recorded?
Answer: Its president or secretary or other person executing it on behalf of the corporation. The statute specifies that corporate acknowledgments must be made by the president, secretary, or another authorized person executing on behalf of the corporation.
California Notary Public Handbook, page 45: “if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation”
19. According to Section 1633.12(b), which type of information is exempt from the requirement to retain a record in electronic form?
Answer: Information whose sole purpose is to enable the record to be sent, communicated, or received. Subdivision (b) specifically excludes information solely for transmission purposes from the electronic retention requirements.
California Notary Public Handbook, page 50: “A requirement to retain a record in accordance with subdivision (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.”
20. Under Penal Code § 115.5, what is the specific consequence for making a false sworn statement to a notary public to induce an improper notarial act on a single-family residence?
Answer: The person is guilty of a felony. The code states that making a false sworn statement to induce an improper notarial act on qualifying real property constitutes a felony.
California Notary Public Handbook, page 53: “(b) Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units is guilty of a felony.”
21. When completing a certificate of acknowledgment, what does the notary public verify?
Answer: The identity of the individual who signed the document. The handbook clarifies that the notary's role in an acknowledgment is limited to verifying the signer's identity, excluding the content's truthfulness or validity.
California Notary Public Handbook, page 13: “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.”
22. Under § 8204.1, what is the minimum waiting period between the first notice of non-payment and the second notice of cancellation for a notary commission?
Answer: 20 days. The statute mandates that the second notice must occur at least 20 days after the initial notice.
California Notary Public Handbook, page 31: “This second notice shall be given at least 20 days after the first notice, and no more than 90 days after the commencement date of the commission.”
23. What is the specific consequence for a notary public who violates the provisions regarding fee charging and price gouging for DACA services under Business and Professions Code § 22449?
Answer: The notary's commission may be revoked or suspended by the Secretary of State. The statute states that violations by a notary public are grounds for revocation or suspension of their commission by the Secretary of State.
California Notary Public Handbook, page 54: “In addition to the civil and criminal penalties described in Section 22445, a violation of this section by a notary public shall be cause for the revocation or suspension of his or her commission as a notary public by the Secretary of State and the application of any other applicable penalties pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code.”
24. What items must be attached to the application when submitting it at the exam site after completing an approved education course?
Answer: Proof of completion certificate, a 2" x 2" color passport photo, and a check for $20. The handbook lists the specific requirements for submission as the proof of completion certificate, a specific size/color photo requirement, and a $20 check.
California Notary Public Handbook, page 24: “Attach the Proof of Completion certificate to your application, along with a 2” x 2” color passport photo of yourself and a check for twenty dollars ($20) when you go to the exam site.”
25. How many days does a notary public have to respond to a written request from the Secretary of State for information relating to official acts?
Answer: 30 days. The handbook states that the notary must respond within 30 days of receiving such written requests.
California Notary Public Handbook, page 32: “To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of State’s office for information relating to official acts performed by the notary.”