25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Under Section 1197, what specific facts must a subscribing witness prove regarding the instrument?
Answer: That the person named is the person described, that the person executed it, and that the witness subscribed their name as a witness. Section 1197 lists three specific elements the subscribing witness must prove: identity, execution, and their own witnessing signature.
California Notary Public Handbook, page 50: “The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness.”
2. If an appellate court dissolves an injunction or restraining order issued against a notary public under Section 8222, what action must the Secretary of State take regarding reimbursement expenses?
Answer: The Secretary of State shall refund any amount received as reimbursement. The law mandates that if the injunction is overturned on appeal, any reimbursement fees collected from the notary must be returned.
California Notary Public Handbook, page 41: “The Secretary of State shall refund any amount received as reimbursement should the injunction or restraining order be dissolved by an appellate court.”
3. According to Section 6110, what is the consequence for an officer who fails or refuses to perform required services after fees have been paid?
Answer: The officer is liable upon his official bond. The law states that liability for failing to perform services after payment falls upon the officer's official bond.
California Notary Public Handbook, page 44: “Upon payment of the fees required by law, the officer shall perform the services required. For every failure or refusal to do so, the officer is liable upon his official bond.”
4. Under what specific circumstance does the law allow a notary public to authenticate an official act without using the official notary public seal?
Answer: When acknowledging California subdivision map certificates. The handbook provides a specific exception for subdivision map certificates due to ink absorption issues, allowing notarization without the physical seal if specific details are typed.
California Notary Public Handbook, page 9: “Because subdivision maps usually are drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgments for California subdivision map certificates may be notarized without the official seal.”
5. Under Penal Code § 470, which specific action regarding a notary public's acknowledgment constitutes forgery?
Answer: Issuing an acknowledgment knowing it to be false. The statute defines forgery to include a notary public issuing an acknowledgment while knowing it to be false.
California Notary Public Handbook, page 53: “Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: … or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false”
6. What specific information must be included in the notary journal if the identity of a signer was established by the oaths of two credible witnesses?
Answer: The signatures of the credible witnesses, the type of identifying documents, the identifying numbers, and the dates of issuance or expiration. The handbook details that when two credible witnesses are used, the journal must include their signatures along with specific details about their identifying documents.
California Notary Public Handbook, page 12: “If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence, then the journal must contain the signatures of the credible witnesses and 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.”
7. Under what condition does the handbook indicate a notary may need to utilize a Credible Witness?
Answer: When the signer lacks acceptable identification documents. The index lists 'Identification' and 'Credible Witness' in close proximity, implying the witness is used to verify identity when standard identification is insufficient.
California Notary Public Handbook, page 56: “Credible Witness, 10, 32–33, 46–47”
8. What qualification requirement is stated for individuals appointed as notaries public for military and naval reservations?
Answer: They must be a citizen of the United States and not less than 18 years of age. Section 8203.1 specifically requires that appointees for military and naval reservations be U.S. citizens and at least 18 years old.
California Notary Public Handbook, page 30: “provided, however, that the appointee shall be a citizen of the United States, not less than 18 years of age, and must meet the requirements set forth in paragraphs (3) and (4) of subdivision (a) of Section 8201.”
9. How long must the county clerk retain the oath of office after the expiration of the notary's commission term before it may be destroyed?
Answer: One year. The rule states that the oath is retained for exactly one year following the commission's expiration.
California Notary Public Handbook, page 36: “The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of.”
10. Which of the following is listed as a requirement for a notary public's official seal?
Answer: Identification Number. The index specifically categorizes the seal requirements under 'Seal (Identification Number)', indicating this element is mandatory.
California Notary Public Handbook, page 58: “Seal (Identification Number), 34”
11. In which of the following situations does a notary public have a direct financial or beneficial interest in a transaction, thereby restricting their ability to notarize?
Answer: The notary is named individually as a beneficiary to a real property transaction. The handbook lists specific roles like beneficiary that constitute a direct interest, while stating that acting as an agent, employee, or escrow holder does not constitute such an interest.
California Notary Public Handbook, page 12: “If a notary public is named, individually, as any of the following to a real property transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee.”
12. What is the consequence for an applicant whose notary commission expires before they apply for reappointment?
Answer: They must take an approved six-hour course. The handbook specifies that if the commission expires before reappointment is made, the applicant must take a six-hour course regardless of previous three-hour course completion.
California Notary Public Handbook, page 24: “An applicant whose commission expires before reappointment is made for a new commission must take an approved six-hour course, even if the applicant previously has completed an approved three-hour course.”
13. What action must the county clerk take upon receiving a copy of a revoked notary commission from the Secretary of State?
Answer: Note such revocation and its date upon the original record of such certificate. The statute mandates that the county clerk annotate the original certificate record with the revocation details.
California Notary Public Handbook, page 39: “The county clerk shall note such revocation and its date upon the original record of such certificate.”
14. Which of the following documents is exempt from the requirement that the signing party place a right thumbprint in the journal?
Answer: A deed of reconveyance. The handbook lists specific exceptions to the thumbprint requirement, including deeds of reconveyance, while other listed document types generally require it.
California Notary Public Handbook, page 32: “This paragraph 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, nor to a deed of reconveyance.”
15. According to Probate Code section 4307, what specific certification statement must a California notary include when certifying a copy of a power of attorney?
Answer: That the copy is a true and correct copy of the original power of attorney. The handbook mandates that the certification must state the copy is a true and correct copy of the original power of attorney.
California Notary Public Handbook, page 17: “The certification shall state that the certifying person (i.e., notary public) has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.”
16. Under what condition is a jurat validly affixed to a document?
Answer: When the signer personally appears, takes an oath, and signs in the presence of the notary public. The handbook mandates personal appearance, taking an oath, and signing in the presence of the notary for a valid jurat, rejecting mailed documents or known-signer exceptions.
California Notary Public Handbook, page 19: “A jurat cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear, take an oath, and sign in the presence of the notary public, even if the signer is known by the notary public.”
17. What must a notary public do regarding their official stamp after filing their oath and bond in a new county?
Answer: The stamp must reflect the county where their most recent oath and bond are filed. The rule states that the notary's stamp must be updated to reflect the county where the current oath and bond are located.
California Notary Public Handbook, page 25: “Your stamp must reflect the county where your most recent oath and bond are filed.”
18. In a California jurat, which of the following is certified by the notary public?
Answer: That the signer signed the document in the presence of the notary public. The handbook lists specific certifications for a jurat, including that the signer signed the document in the presence of the notary, while excluding verification of truthfulness or accuracy.
California Notary Public Handbook, page 13: “That the signer signed the document in the presence of the notary public;”
19. What is the legal effect of a tangible copy of an electronic record once it is copied into the proper book of record by a county recorder?
Answer: It imparts notice of its contents to subsequent purchasers and encumbrancers. The handbook states that recording the tangible copy provides constructive notice to future parties regarding the contents of the record.
California Notary Public Handbook, page 45: “A tangible copy of an electronic record, once copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers”
20. If a notary's journal is seized by law enforcement and later returned, what must the notary do if they have already obtained a new sequential journal?
Answer: Make no new entries in the returned journal. The handbook specifies that once a new sequential journal is obtained after a seizure, no new entries should be made in the returned original journal.
California Notary Public Handbook, page 26: “If the journal relinquished to a peace officer is returned and a new journal has been obtained, the notary public shall make no new entries in the returned journal.”
21. Who is permitted to receive a certified copy of a record under Section 6108(b)(2), provided they present proper photo identification and certification of relationship?
Answer: A family member or legal representative of the person who is the subject of the record. The statute specifically limits access to family members or legal representatives who can prove their relationship to the subject.
California Notary Public Handbook, page 44: “A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.”
22. Who is authorized to assist a client in completing immigration forms according to the handbook?
Answer: Only an attorney, an accredited DOJ representative, or a registered immigration consultant. The handbook restricts assistance with immigration forms to attorneys, accredited DOJ representatives, or registered immigration consultants.
California Notary Public Handbook, page 20: “Only an attorney, a representative accredited by the U.S. Department of Justice, or a person who is registered by the California Secretary of State and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms.”
23. According to § 8205(a)(1), to whom does the duty of protesting bills of exchange and promissory notes specifically apply?
Answer: Notaries employed by financial institutions. The handbook limits the specific duty of protesting bills and notes to notaries employed by financial institutions.
California Notary Public Handbook, page 31: “This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notary’s employment with the financial institution.”
24. According to Section 8230, what must a notary require a signer to show when executing a jurat on a document that includes the signer's birthdate or age?
Answer: A certified copy of the person’s birth certificate. The statute lists a certified copy of the birth certificate as a required method for verifying age or birthdate in this specific context.
California Notary Public Handbook, page 42: “the notary public shall require, as a condition to executing the jurat, that the person verify the birthdate or age contained in the statement by showing either: (a) A certified copy of the person’s birth certificate”
25. Under Section 6203, what is the specific criminal classification for an officer who knowingly makes and delivers a false certificate or writing?
Answer: A misdemeanor. The statute defines the offense of making a knowingly false certificate as a misdemeanor.
California Notary Public Handbook, page 44: “Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he or she makes and delivers as true any certificate or writing containing statements which he or she knows to be false.”