25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. Under Section 6108, which entity is authorized to receive a certified copy of a record upon written request?
Answer: A state, county, or city office that provides veterans’ benefits services. The handbook lists state, county, or city offices providing veterans' benefits services as eligible recipients upon written request.
California Notary Public Handbook, page 44: “A state, county, or city office that provides veterans’ benefits services upon written request of that office.”
2. According to § 8203.6, what is the fee requirement for services rendered by a notary public within a military or naval reservation?
Answer: No fees shall be collected for service rendered within the reservation. The law mandates that notaries serving within military reservations do not collect fees for their services.
California Notary Public Handbook, page 31: “No fees shall be collected by such notaries public for service rendered within the reservation in the capacity of a notary public.”
3. Who owns the official notarial seal of a notary public?
Answer: The notary public. The law states that the seal is the exclusive property of the notary public.
California Notary Public Handbook, page 34: “The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person.”
4. Under Section 1633.12(e), how is the requirement to retain a check satisfied?
Answer: By retention of an electronic record of the information on the front and back of the check. The statute specifies that retaining an electronic record of both the front and back of the check satisfies the retention requirement.
California Notary Public Handbook, page 50: “If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a).”
5. Under what specific condition does the Commission on Judicial Performance issue a certification to a former judge that is valid for only two years?
Answer: If the former judge has a medical condition that may impair their ability, but the condition does not impair their ability at the time the certification is submitted. The handbook specifies that a two-year validity period applies when a medical condition exists but does not currently impair the judge's ability to administer oaths.
California Notary Public Handbook, page 51: “If an applicant’s medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the time the medical certification is submitted with the application, the Commission on Judicial Performance shall issue a certification to administer oaths and affirmations pursuant to paragraph (2), but the certification is only valid for a period of two years from the date of issuance.”
6. According to California notary law, what are the specific dimensional requirements for an official notary public seal?
Answer: It must be circular not over two inches in diameter or rectangular not more than one inch in width by two and one-half inches in length. The handbook defines the maximum dimensions for both circular and rectangular seals, specifying limits on diameter, width, and length.
California Notary Public Handbook, page 9: “Be circular not over two inches in diameter or 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.”
7. What specific failure regarding the notarial seal results in a misdemeanor under Section 8228.1?
Answer: Failing to keep the seal under the direct and exclusive control of the notary public. The statute mandates that the seal must remain under the direct and exclusive control of the notary public, and failing to do so is a misdemeanor.
California Notary Public Handbook, page 42: “Any notary public who willfully fails to perform any duty required of a notary public under Section 8206, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor.”
8. What is the maximum timeframe the Secretary of State has to issue a certificate of authorization after receiving notice of a lost or damaged seal?
Answer: Five working days. The law mandates that the Secretary of State must issue the certificate within five working days after receiving the notice from the notary.
California Notary Public Handbook, page 35: “The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization”
9. Under what condition is a vendor authorized to provide a notary with an official seal?
Answer: Upon presentation of a certificate of authorization by the notary public. The statute requires the presentation of a certificate of authorization for a vendor to issue a seal.
California Notary Public Handbook, page 34: “A vendor or manufacturer is authorized to provide a notary with an official seal only upon presentation by the notary public of a certificate of authorization.”
10. Under what condition must a California notary public refuse to notarize a signature on a document?
Answer: If the document appears to be incomplete. The handbook states that a notary must not notarize a signature if the document appears incomplete, regardless of language barriers or other factors.
California Notary Public Handbook, page 23: “The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete.”
11. If a California notary public cannot identify the type of document being notarized, what specific entry must be made in the journal?
Answer: Make an entry stating 'a document in a foreign language'. The handbook mandates that when the document type is unknown, the journal entry must reflect that it is a document in a foreign language.
California Notary Public Handbook, page 23: “If unable to identify the type of document, the notary public must make an entry to that effect in the journal (e.g., “a document in a foreign language”).”
12. What is the minimum age requirement for becoming a California notary public?
Answer: 18 years of age. The handbook lists being at least 18 years old as a mandatory requirement for becoming a notary public.
California Notary Public Handbook, page 7: “Be at least 18 years of age;”
13. When a California notary public's journal is seized by a peace officer, within what timeframe must the notary notify the Secretary of State?
Answer: Within 10 days. The handbook states that notification to the Secretary of State regarding a seized journal must occur within 10 days.
California Notary Public Handbook, page 26: “In the event your journal has been seized by a peace officer or law enforcement agency for any reason, immediately notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer.”
14. Per Civil Code § 1185, what is the definition of 'satisfactory evidence' regarding the identity of a signer?
Answer: The absence of information that would lead a reasonable person to believe the signer is not who they claim to be. The code defines satisfactory evidence primarily as the lack of contradictory information suggesting the signer is not who they claim to be, alongside specific ID or witness requirements.
California Notary Public Handbook, page 46: “For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be”
15. According to Section 8227.3, under what specific circumstance does an unlawful act by a non-notary become a felony rather than a misdemeanor?
Answer: When the act involves a document affecting title to real property consisting of a single-family residence containing not more than four dwelling units. The law elevates the offense to a felony specifically when it involves documents affecting title or encumbrances on single-family residences with up to four dwelling units.
California Notary Public Handbook, page 42: “Any person who is not a duly commissioned, qualified, and acting notary public who does any of the acts prohibited by Section 8227.1 in relation to any document or instrument affecting title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, is guilty of a felony.”
16. Who owns the sequential journal of a notary public?
Answer: The notary public exclusively. The law states that the journal is the exclusive property of the notary and must not be surrendered to an employer, regardless of who purchased it.
California Notary Public Handbook, page 11: “The sequential journal is the exclusive property of the 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.”
17. When a peace officer seizes a notary journal, within what timeframe must the officer notify the Secretary of State?
Answer: Within 24 hours. The handbook requires peace officers to notify the Secretary of State within 24 hours of seizing a journal.
California Notary Public Handbook, page 33: “A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized.”
18. If a California notary public's commission has already expired and they are applying for a new commission, which course must they complete?
Answer: A six-hour notary public education course. The handbook states that once a commission expires, the individual must retake the full six-hour course regardless of previous completion.
California Notary Public Handbook, page 7: “If the notary public’s commission has expired, the individual must satisfactorily complete a sixhour notary public education course before receiving a new commission, even if the individual already once satisfactorily completed an approved six-hour course for a previous commission.”
19. What is the required action regarding the notary public seal when the notary's commission expires?
Answer: The seal must be destroyed. The law mandates the destruction of the seal upon commission expiration to prevent fraudulent use, rather than transferring or storing it.
California Notary Public Handbook, page 9: “When the notary public commission is no longer valid, the notary public seal must be destroyed to protect the notary public from possible fraudulent use by another.”
20. Under California law regarding the computation of time for acts required by law, how is the timeframe calculated if the last day falls on a holiday?
Answer: The first day is excluded, and the last day is included unless it is a holiday, in which case it is also excluded. The statute states that the first day is excluded and the last day included, with the specific exception that if the last day is a holiday, it is also excluded.
California Notary Public Handbook, page 44: “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.”
21. Under Government Code section 27201.1, who is authorized to certify that a tangible copy is a complete and accurate reproduction of an electronic record for recording purposes?
Answer: A disinterested custodian. The handbook specifies that a 'disinterested custodian' is the person authorized to make this certification, defined as someone who does not directly benefit from the record.
California Notary Public Handbook, page 18: “A person who does not directly benefit from the electronic record, called a disinterested custodian, may certify that a tangible copy is a complete and accurate reproduction of the electronic record.”
22. What is the maximum fee a notary public may charge for providing a copy of a transaction from their journal upon written request?
Answer: Thirty cents ($0.30) per page. The statute sets a specific cap of thirty cents per page for the cost of providing journal information.
California Notary Public Handbook, page 11: “The cost to provide the requested information must not exceed thirty cents ($0.30) per page.”
23. Where must a surety file an application to be released from responsibility for future acts of a notary public?
Answer: In the superior court of the county where the notary’s principal place of business is located. Section 8216 specifies that the application must be made to the superior court of the county containing the notary's principal place of business.
California Notary Public Handbook, page 40: “For this purpose, the surety shall make application to the superior court of the county in which the notary public’s principal place of business is located and the copy of the application and notice of hearing shall be served on the Secretary of State as the beneficiary.”
24. When recording a signer's identity in the notary journal, what is the best practice regarding the name recorded?
Answer: Capture the full name as it appears on the driver’s license or identification card, including suffixes. The handbook advises that the notary should record the full name including suffixes as shown on the identification card, rather than relying solely on the document name or nicknames.
California Notary Public Handbook, page 27: “The best practice is to capture the full name as it appears on the driver’s license or identification card, including suffixes like Jr., Sr., II, III, etc.”
25. Which education course requirement applies to a new applicant seeking initial appointment?
Answer: A six-hour approved notary public education course. The handbook confirms that new applicants must complete the six-hour course, as it satisfies the requirement for both new applicants and those seeking reappointment.
California Notary Public Handbook, page 24: “A six-hour approved education course always satisfies the education requirement, regardless of whether you are a new applicant or applying for reappointment.”