25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Per Civil Code § 1181, which of the following officers is authorized to take the proof or acknowledgment of an instrument within their elected or appointed county?
Answer: A clerk of a superior court. The list of authorized officers in § 1181 includes a clerk of a superior court, while the other options are not listed in the statute.
California Notary Public Handbook, page 46: “The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified below was elected or appointed, before either: (a) A clerk of a superior court.”
2. What additional information must be included in the jurat of an instrument executed within a military reservation, as per § 8203.5?
Answer: The name of the reservation in which the instrument is executed. The statute requires the jurat to specifically identify the reservation where the execution took place, in addition to the state name.
California Notary Public Handbook, page 31: “In addition to the name of the State, the jurat shall also contain the name of the reservation in which the instrument is executed.”
3. Where must the Secretary of State file a copy of the revocation when revoking a notary public's commission?
Answer: With the county clerk of the county in which the notary public’s principal place of business is located. The law requires the revocation copy to be filed with the county clerk of the county where the notary's principal place of business is located.
California Notary Public Handbook, page 39: “Whenever the Secretary of State revokes the commission of any notary public, the Secretary of State shall file with the county clerk of the county in which the notary public’s principal place of business is located a copy of the revocation.”
4. If a notary public changes their name, what happens to their existing commission number?
Answer: The commission number remains the same. The handbook states that upon approval of a name change application, the existing commission number does not change.
California Notary Public Handbook, page 37: “The term of the commission and commission number shall remain the same.”
5. When are notary applicants required to undergo fingerprinting as part of the background check process?
Answer: Prior to being granted a notary public commission. The handbook specifies that fingerprinting is required prior to the granting of the commission to assist in determining identity and checking for disqualifying crimes.
California Notary Public Handbook, page 7: “state law requires all notary applicants to be fingerprinted as part of a thorough background check prior to being granted a notary public commission”
6. According to California Government Code section 8206(a), where must a notary public keep their active sequential journal?
Answer: In a locked and secured area, such as a lock box or locked desk drawer, under the direct and exclusive control of the notary public. The law mandates that the journal be kept in a locked area under the notary's exclusive control, distinguishing it from shared or employer-held storage.
California Notary Public Handbook, page 11: “The journal must be kept in a locked and secured area (such as a lock box or locked desk drawer), under the direct and exclusive control of the notary public.”
7. Under what condition may notarial records deposited with the county clerk be destroyed?
Answer: After 10 years from the date of deposit if no request or reference has been made, upon order of court. Records may only be destroyed after 10 years if there has been no request or reference to them, and this requires an order of court.
California Notary Public Handbook, page 35: “After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court.”
8. According to Section 8223, what is the maximum fee a notary public qualified as an immigration consultant may charge a client for entering data provided by the client on immigration forms?
Answer: $15 per individual for each set of forms. The statute caps the fee for entering client-provided data on immigration forms at fifteen dollars per individual per set of forms.
California Notary Public Handbook, page 41: “The fee for this service shall not exceed fifteen dollars ($15) per individual for each set of forms.”
9. What is the consequence for a California notary public who violates the advertising language requirements for the second time?
Answer: The notary's commission is permanently revoked. The handbook distinguishes between first and second offenses, specifying that a second offense results in permanent revocation of the commission.
California Notary Public Handbook, page 20: “A first offense for violation of this law is grounds for the suspension or revocation of a notary public’s commission. A second offense is grounds for the permanent revocation of a notary public’s commission.”
10. According to California notary law, which of the following constitutes a valid 'personal appearance' before a notary public?
Answer: The signer being physically present before the notary public. The handbook defines personal appearance as physical presence, excluding video images or other non-physical representations.
California Notary Public Handbook, page 23: “California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public.”
11. How must a notary public establish the identity of a subscribing witness in a proof of execution scenario?
Answer: By the oath of a credible witness whom the notary personally knows and who personally knows the subscribing witness. The rule requires a two-step identification process involving a credible witness who knows both the notary and the subscribing witness, rather than direct ID inspection alone.
California Notary Public Handbook, page 15: “The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary public personally knows and who personally knows the subscribing witness.”
12. What is the geographic scope of authority for a California notary public when performing notarial services?
Answer: Throughout the State of California. The handbook states that a notary's authority extends statewide, overriding any limitation to the county of filing.
California Notary Public Handbook, page 8: “A notary public can provide notarial services throughout the State of California. A notary public is not limited to providing services only in the county where the oath and bond are filed.”
13. What requirement must a notary public meet to issue a confidential marriage license?
Answer: They must be approved by the county clerk having jurisdiction. The handbook states that approval from the county clerk having jurisdiction is required before issuing a confidential marriage license.
California Notary Public Handbook, page 20: “A notary public must not issue a confidential marriage license unless the notary public is approved by the county clerk having jurisdiction.”
14. What is the minimum suspension period for a first-time violation of the advertising rules in Section 8219.5?
Answer: One year. The handbook states the suspension period is "not less than one year" for failing to comply with the advertising requirements.
California Notary Public Handbook, page 40: “The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c).”
15. Where must a California notary public file their oath of office and surety bond?
Answer: In the county where the notary public maintains a principal place of business. The law specifies that the filing location is determined by the notary's principal place of business, not the location of the signing or the state capital.
California Notary Public Handbook, page 8: “The oath and bond must be filed in the county where the notary public maintains a principal place of business as shown in the application on file with the Secretary of State.”
16. Under California law, what is the minimum age requirement for a person to be appointed as a notary public?
Answer: At least 18 years of age. The statute sets the minimum age for appointment at 18 years old.
California Notary Public Handbook, page 28: “Be not less than 18 years of age.”
17. Under what condition is an inmate identification card issued by the California Department of Corrections and Rehabilitation acceptable for establishing identity?
Answer: If the inmate is in custody in California state prison. The handbook specifies that this specific ID is valid only if the inmate is currently in custody in a California state prison.
California Notary Public Handbook, page 10: “An inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in California state prison;”
18. Within what timeframe must a notary public deliver all notarial journals, records, and papers to the county clerk’s office after their commission is no longer valid?
Answer: Within 30 days. The handbook states a 30-day deadline for delivering records to the county clerk after the commission expires.
California Notary Public Handbook, page 12: “Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the oath was filed.”
19. What is the requirement regarding the use of interpreters when a notary public communicates with a signer?
Answer: An interpreter should not be used, as vital information could be lost in the translation. The handbook states that interpreters should not be used to prevent loss of vital information during translation.
California Notary Public Handbook, page 23: “An interpreter should not be used, as vital information could be lost in the translation.”
20. Under what condition may the Secretary of State deny a notary public application or suspend a commission based on financial obligations?
Answer: If the applicant has not complied with child or family support obligations. The handbook states that non-compliance with child or family support obligations is a specific basis for denying an application or suspending a commission.
California Notary Public Handbook, page 21: “In addition, the Secretary of State may deny the notary public application or suspend the notary public commission of a person who has not complied with child or family support obligations.”
21. When a notary uses the oath of two credible witnesses to establish a signer's identity, what is the requirement regarding the notary's relationship to those witnesses?
Answer: The notary does not need to personally know the witnesses. The handbook distinguishes between single credible witnesses (whom the notary must personally know) and two credible witnesses, for whom the handbook states the notary does not personally know them.
California Notary Public Handbook, page 10: “The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know.”
22. Under Government Code section 6100, what is required of a notary public appointed to act for and on behalf of certain public agencies pursuant to Government Code section 8202.5?
Answer: They must charge for all services and remit the fees received to the employing agency. The handbook states that notaries working for specific public agencies must charge fees and remit them to the employing agency.
California Notary Public Handbook, page 21: “In addition, Government Code section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5, to charge for all services and remit the fees received to the employing agency.”
23. How must a notary public notify the Secretary of State of a change in location or address?
Answer: By certified mail or other physical delivery providing a receipt. Section 8213.5 mandates that notifications regarding address changes be made via certified mail or another form of physical delivery that provides a receipt.
California Notary Public Handbook, page 37: “A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence.”
24. What is the consequence for a second offense of failing to comply with the advertising requirements in Section 8219.5?
Answer: The commission shall be revoked permanently. The statute distinguishes between the first offense (suspension of not less than one year) and the second offense, which results in permanent revocation.
California Notary Public Handbook, page 40: “However, on the second offense the commission of such notary public shall be revoked permanently.”
25. When executing a jurat pursuant to § 8202(a), what action is required of the affiant regarding the signing of the document?
Answer: The affiant must sign the document in the presence of the notary. The statute clearly requires the signature to occur while the affiant is physically present with the notary.
California Notary Public Handbook, page 29: “The affiant shall sign the document in the presence of the notary.”