25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Under California law, what is the maximum fee a notary public may charge for each set of forms, assuming the notary is not acting as an attorney rendering professional services?
Answer: Fifteen dollars ($15). The handbook sets a fifteen-dollar cap on fees for sets of forms for non-attorney notaries.
California Notary Public Handbook, page 20: “A notary public may not charge any individual more than fifteen dollars ($15) for each set of forms, unless the notary public is also an attorney who is rendering professional services as an attorney.”
2. What specific restriction applies to a notary public advertising as an immigration specialist?
Answer: They are legally barred from advertising in any manner whatsoever. The handbook states that promoting oneself as an immigration specialist or consultant results in a complete bar from advertising as a notary public.
California Notary Public Handbook, page 20: “A notary public legally is barred from advertising in any manner whatsoever as a notary public if the notary public promotes themself as an immigration specialist or consultant.”
3. Which of the following is NOT listed as a required affirmation for a single credible witness under California law?
Answer: The witness has a financial interest in the document. The handbook requires the witness to affirm that they do NOT have a financial interest; therefore, having a financial interest is incorrect, while the other options are direct requirements listed in the handbook.
California Notary Public Handbook, page 10: “The credible witness does not have a financial interest and is not named in the document signed.”
4. According to California Government Code sections 8212 and 8213, what is the specific deadline for a newly commissioned notary public to file their oath of office and surety bond with the county clerk?
Answer: Within 30 calendar days from the beginning of the term prescribed in the commission. The handbook states that the filing must occur within 30 calendar days from the beginning of the commission term.
California Notary Public Handbook, page 8: “Once the commission has been issued, a person has 30 calendar days from the beginning of the term prescribed in the commission to take, subscribe, and file an oath of office and file a $15,000 surety bond with the county clerk’s office.”
5. Under Section 1633.11, how is a requirement for notarization satisfied when using an electronic signature?
Answer: By including the electronic signature of the signer along with the electronic signature of a notary public and all other required notarization information. The law requires both the signer's electronic signature and the notary's electronic signature plus all other standard notarization details to satisfy the requirement.
California Notary Public Handbook, page 50: “If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.”
6. What is the consequence if a notary public willfully fails to properly maintain their notary journal?
Answer: The notary public is guilty of a misdemeanor. The handbook directly states that willful failure to maintain the journal results in the notary being guilty of a misdemeanor.
California Notary Public Handbook, page 12: “A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public’s journal.”
7. When must the certificate of acknowledgment be completely filled out?
Answer: At the time the notary public’s signature and seal are affixed. The rule requires the certificate to be fully completed simultaneously with the signing and sealing of the document.
California Notary Public Handbook, page 12: “The certificate of acknowledgment must be filled completely out at the time the notary public’s signature and seal are affixed.”
8. What specific notice must be included at the top of a certificate for proof of execution taken within California?
Answer: That the notary verified only the identity of the individual who signed the document, and not the truthfulness, accuracy, or validity of that document. The handbook mandates a specific boxed notice stating that the officer verifies only identity, not the document's truthfulness, accuracy, or validity.
California Notary Public Handbook, page 49: “Any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution 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.””
9. If a notary public moves their business to a different county, which of the following is true regarding their commission?
Answer: Their commission allows them to notarize throughout the State of California regardless of where their oath and bond are filed. The handbook clarifies that the commission is valid statewide, independent of the county where the oath and bond are filed.
California Notary Public Handbook, page 25: “Your commission allows you to notarize throughout the State of California, regardless of where your oath and bond are filed.”
10. Who is authorized to bring an action to impose a civil penalty for a notary's failure to obtain a required thumbprint?
Answer: The Secretary of State in an administrative proceeding or any public prosecutor in superior court. The law grants standing to both the Secretary of State and any public prosecutor to initiate these penalty actions.
California Notary Public Handbook, page 39: “An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment.”
11. Under California law regarding the recording of electronic records, who qualifies as a 'disinterested custodian'?
Answer: A person who has access to an electronic record displaying intact tamper-evident security procedures and who is not the grantee, beneficiary, or otherwise a person who directly benefits from the electronic record. The handbook defines a disinterested custodian as someone with access to the secure record who does not directly benefit from the transaction, distinguishing them from grantees or beneficiaries.
California Notary Public Handbook, page 45: ““disinterested custodian” means a person who has access to an electronic record displaying intact tamperevident security procedures and who is not the grantee, beneficiary, or otherwise a person who directly benefits from the electronic record.”
12. Under what condition must a notary public refuse to notarize a document according to Government Code section 8205?
Answer: If the document is incomplete, either known from experience or evident on its face. The handbook mandates refusal if the document is known to be incomplete from experience or appears incomplete on its face.
California Notary Public Handbook, page 19: “If presented with a document for notarization, which the notary public knows from the notary public’s experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document.”
13. Which of the following is NOT a required element for a disinterested custodian's certification of a tangible copy of an electronic record?
Answer: That the custodian is a grantee who directly benefits from the electronic record. The handbook requires the custodian to NOT be a beneficiary; therefore, being a beneficiary is incorrect, while the other options are listed requirements.
California Notary Public Handbook, page 18: “That the custodian is not a grantee, beneficiary, or otherwise a person who directly benefits from the electronic record.”
14. What requirement must a notary public meet regarding their principal place of business or residence address?
Answer: They must provide a physical street address if using a commercial mail receiving agency. The handbook specifies that if a commercial mail receiving agency or PO Box is used, the notary must also provide a physical street address to the Secretary of State.
California Notary Public Handbook, page 37: “A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence.”
15. What is the maximum fee the Secretary of State may charge for issuing a permit to a manufacturer or vendor to issue notary seals?
Answer: The actual costs of issuing the permit. The fee for the permit is capped at the actual costs incurred by the Secretary of State to issue it.
California Notary Public Handbook, page 34: “The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit.”
16. According to § 830.3(o), what is the primary duty of investigators of the office of the Secretary of State designated as peace officers?
Answer: The enforcement of the law as prescribed in Chapter 3 of Division 1 of Title 2 of the Government Code. The statute limits the primary duty of these designated investigators to enforcing laws found in specific sections of the Government Code.
California Notary Public Handbook, page 54: “provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code.”
17. Which of the following statements accurately reflects the fee requirements for notaries public when performing services for veterans' benefits or pensions?
Answer: Notaries shall not demand or receive any fee or compensation for services related to securing pensions or veterans' benefits. The law mandates that notaries do not charge fees for services related to securing pensions or veterans' benefits.
California Notary Public Handbook, page 43: “Neither the State, nor any county or city, nor any public officer or body acting in his official capacity on behalf of the State, any county, or city, including notaries public, shall receive any fee or compensation for services rendered in an affidavit, or application relating to the securing of a pension, or the payment of a pension voucher, or any matter relating thereto.”
18. Who is responsible for offering the course of instruction that a notary public must complete to obtain authorization to issue confidential marriage licenses?
Answer: The county clerk. The handbook specifies that the county clerk is the entity that offers the required course of instruction for this authorization.
California Notary Public Handbook, page 20: “The county clerk offers a course of instruction, which a notary public must complete before authorization will be granted.”
19. Under Section 8214.3, in which specific scenario is a person denied the right to a hearing after the denial of their application for a notary public commission?
Answer: When the Secretary of State has denied or revoked the applicant’s application or commission within one year previous to the application. The handbook specifies that a hearing right is waived if the Secretary of State previously denied or revoked the applicant's status within the last year.
California Notary Public Handbook, page 39: “The Secretary of State has, within one year previous to the application, and after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, denied or revoked the applicant’s application or commission.”
20. What specific action is required regarding the signer's presence when preparing a jurat?
Answer: The signer must appear before the notary, take an oath, and sign the document in the notary's presence. The handbook distinguishes jurats from acknowledgments by requiring the signer to sign the document specifically in the presence of the notary.
California Notary Public Handbook, page 25: “When preparing a jurat, the person requesting the jurat must appear before you, take an oath, and sign the document in your presence.”
21. According to Civil Code § 1185, who bears the burden of proof in an action for damages based on a notary's failure to establish the proper identity of a signer?
Answer: The party filing the action. The statute places the burden of proof on the plaintiff (the party filing the action) to prove the notary's negligence or misconduct.
California Notary Public Handbook, page 47: “A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.”
22. According to Section 8202.5, what is the fee requirement for state or county officers when filing certificates for notaries appointed by governmental entities?
Answer: No fees shall be charged. The law mandates that no fees be charged by the officer for filing these specific certificates.
California Notary Public Handbook, page 30: “Whenever the certificate is filed with any state or county officer, no fees shall be charged by the officer for the filing or issuance of any document in connection with the appointment.”
23. What does the county name in the venue heading of a notarial certificate represent?
Answer: The county where the signer personally appeared before the notary public. The venue heading reflects the physical location of the signer at the time of the notarization, not the notary's home base.
California Notary Public Handbook, page 8: “The county named in the heading in the notarial certificate is the county where the signer personally appeared before the notary public.”
24. Who is authorized to enforce the provisions of the notary chapter by examining a notary's books and records according to Section 8228?
Answer: The Secretary of State or a peace officer. The handbook specifically identifies the Secretary of State and defined peace officers as the entities empowered to examine notarial records.
California Notary Public Handbook, page 42: “The Secretary of State or a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing reasonable suspicion and acting in his or her official capacity and within his or her authority, may enforce the provisions of this chapter through the examination of a notary public’s books, records, letters, contracts, and other pertinent documents relating to the official acts of the notary public.”
25. Regarding the custody of the official notary seal, which of the following is required by California law?
Answer: The seal must be kept in a locked and secured area under the direct and exclusive control of the notary. The handbook requires the seal to be under the exclusive control of the notary and prohibits surrendering it to employers or others.
California Notary Public Handbook, page 8: “The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person.”