25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. According to the provided index, which specific document type is listed for notarization alongside Power of Attorney and Proof of Execution?
Answer: Jurat. The index lists 'Execution of Jurat' as a distinct category for notarization, distinguishing it from other common notarial acts.
California Notary Public Handbook, page 56: “Execution of Jurat, 13–14, 22, 29–30, 31, 36”
2. Which of the following is a stated reason the Secretary of State may deny a notary public application?
Answer: Failure to disclose any conviction. The handbook lists failure to disclose any conviction as a specific reason for denial, while other options are not listed as grounds for denial in this context.
California Notary Public Handbook, page 7: “The Secretary of State may deny an application for the following reasons: • Failure to disclose any conviction;”
3. What is the consequence if a notary fails to file their amended oath and bond within 30 days after receiving an amended commission for a name change?
Answer: The name change becomes void, the commission reverts to the previous name, and a new Name Change form is required. The handbook states that missing the 30-day deadline voids the name change, reverts the commission to the old name, and requires submitting a new form.
California Notary Public Handbook, page 26: “If you fail to file your amended oath and bond within the 30-day time limit, the name change will become void, and your commission will revert to the previous name, and you will be required to submit another Name Change form.”
4. If a signer is physically unable to provide a thumbprint, what action must the notary take regarding the journal entry?
Answer: Indicate the inability in the journal and provide an explanation of the physical condition. The rule requires the notary to note the inability and explain the physical condition in the journal when a thumbprint cannot be provided.
California Notary Public Handbook, page 32: “If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition.”
5. If a notary public transfers their principal place of business to a new county and elects to make a new filing, within how many days must they obtain an official seal reflecting the new county?
Answer: 30 days. The handbook specifies a 30-day window from the date of filing to obtain the updated official seal.
California Notary Public Handbook, page 36: “If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred.”
6. Within what timeframe must a notary deliver their journals to the county clerk after their commission is no longer valid due to resignation or expiration?
Answer: Within 30 days. The rules specify a strict 30-day window for delivering journals to the county clerk after the commission ends.
California Notary Public Handbook, page 26: “Once complete, send the form to the Secretary of State and deliver all of your notarial journals to the county in which your current oath of office was filed within 30 days and destroy your seal.”
7. What is the required procedure when a signer cannot write their name and chooses to sign by mark?
Answer: The signer’s mark must be witnessed by two persons who subscribe their own names. The handbook mandates that two witnesses must observe the mark and sign their own names to validate the signature by mark.
California Notary Public Handbook, page 16: “The signer’s mark must be witnessed by two persons who must subscribe their own names as witnesses on the document.”
8. Which of the following acts constitutes a felony under Section 8214.2 when performed by a notary public?
Answer: Knowingly performing a notarial act on a deed of trust for a single-family residence with knowledge that the deed contains false statements. Section 8214.2 specifically defines this scenario involving a deed of trust on a single-family residence as a felony offense.
California Notary Public Handbook, page 38: “A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony.”
9. Within how many days must a notary notify the Secretary of State by certified mail after relinquishing their journal to a peace officer?
Answer: Within 10 days. The handbook mandates that the notary must notify the Secretary of State within 10 days after the journal is relinquished to a peace officer.
California Notary Public Handbook, page 33: “The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer.”
10. According to Section 1196, how must a subscribing witness be proved to be such?
Answer: By the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185. The handbook states that proof of a subscribing witness requires the oath of a credible witness accompanied by specific documentation.
California Notary Public Handbook, page 50: “A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185.”
11. Under what condition does a completed three-hour refresher course remain valid if the notary fails the initial exam?
Answer: If the exam is retaken prior to the expiration date of the current commission. The handbook clarifies that the three-hour course certificate remains valid only if the exam is retaken before the current commission expires.
California Notary Public Handbook, page 24: “If you can take the exam again prior to the expiration date of your current commission, the Proof of Completion certificate from the three-hour course would still be valid.”
12. According to Code of Civil Procedure § 1935, what defines a subscribing witness?
Answer: One who sees a writing executed or hears it acknowledged, and at the request of the party signs his name as a witness. The definition specifies that the witness must observe the execution or hear the acknowledgment and then sign at the party's request.
California Notary Public Handbook, page 50: “A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.”
13. Which type of deed is permitted to use proof of execution by a subscribing witness, despite the general restrictions on instruments affecting real property?
Answer: A trustee’s deed resulting from a decree of foreclosure. The handbook lists specific exceptions to the prohibition on using subscribing witnesses for real property instruments, including trustee’s deeds resulting from foreclosure decrees.
California Notary Public Handbook, page 14: “A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Civil Code section 2924, or to a deed of reconveyance), mortgage, deed of trust, security agreement, any instrument affecting real property, or any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal.”
14. What is the penalty for a notary public who willfully fails to notify the Secretary of State of a change of address within the required timeframe?
Answer: The notary must pay a fine of not more than $500. The handbook specifies that willful failure to notify the Secretary of State of an address change results in an infraction punishable by a fine up to $500.
California Notary Public Handbook, page 22: “Willful failure to notify the Secretary of State of a change of address is punishable as an infraction by a fine of not more than $500.”
15. How must officers authenticate their certificates when taking acknowledgments or proofs of instruments for record?
Answer: By affixing their signatures followed by the names of their offices, and their seals of office if required. The handbook requires signatures followed by office names, and seals if legally required by the jurisdiction.
California Notary Public Handbook, page 49: “Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals.”
16. What specific document must be submitted at the examination site along with the completed application to determine if an applicant meets the requirements for the position?
Answer: A 2" x 2" color passport photograph. The handbook states that a completed application and a 2" x 2" color passport photograph must be submitted at the examination site.
California Notary Public Handbook, page 7: “To determine if a person meets the requirements to fulfill the responsibilities of the position, a completed application and a 2” x 2” color passport photograph of the applicant shall be submitted at the examination site, then forwarded to the Secretary of State’s office and reviewed by Secretary of State staff for qualifying information.”
17. What condition must be met regarding the notary's seal and signature on a document according to the provided notes?
Answer: They cannot be affixed without the correct notarial wording. The handbook states that the seal and signature cannot be affixed unless the correct notarial wording is present.
California Notary Public Handbook, page 17: “Note: A notary public seal and signature cannot be affixed to a document without the correct notarial wording.”
18. What is the required wording for the certification statement in a California acknowledgment certificate?
Answer: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. The handbook provides the exact text for the acknowledgment certificate, which includes the specific certification statement under penalty of perjury.
California Notary Public Handbook, page 13: “I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.”
19. When a notary establishes the identity of a signer using a single credible witness whom the notary personally knows, which condition must the witness affirm regarding the signer?
Answer: The signer does not possess any of the identification documents authorized by law to establish the signer’s identity. The handbook lists this condition as one of the five statements a single credible witness must swear or affirm to be true.
California Notary Public Handbook, page 10: “4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;”
20. Under California law, what is the maximum civil penalty that may be imposed for a violation of subdivision (h) regarding charging fees?
Answer: $750. The handbook sets the maximum civil penalty for violations of subdivision (h) at $750.
California Notary Public Handbook, page 38: “In addition to any commissioning or disciplinary sanction, a violation of subdivision (h), (j), or (k) of Section 8214.1, or a negligent violation of subdivision (d) of Section 8214.1 is punishable by a civil penalty not to exceed seven hundred fifty dollars ($750).”
21. What is the required amount for the official surety bond that every California notary public must file?
Answer: $15,000. The handbook clearly specifies that the mandatory bond amount is $15,000.
California Notary Public Handbook, page 8: “California law requires every notary public to file an official bond in the amount of $15,000.”
22. When must an officer take and subscribe the oath or affirmation before entering on the duties of their office?
Answer: Following any election or appointment and before entering on duties. The rule specifies that the oath must be taken after election/appointment but strictly before the officer begins their duties.
California Notary Public Handbook, page 43: “Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.”
23. According to § 8203.4, how is the termination of a military reservation notary's appointment treated if they cease to be employed as a federal civil service employee?
Answer: As a resignation. The law specifies that losing federal employment status results in the appointment being treated specifically as a resignation.
California Notary Public Handbook, page 31: “A notary public whose appointment terminates pursuant to this section will have such termination treated as a resignation.”
24. According to § 8201.5, which specific pieces of information on a notary public application form are NOT considered confidential?
Answer: The applicant's name and address. The statute exempts the applicant's name and address from confidentiality protections, making all other listed details confidential.
California Notary Public Handbook, page 29: “Information on this form filed by an applicant with the Secretary of State, except for the applicant’s name and address, is confidential”
25. Under what specific condition must the signatures of witnesses to a signature-by-mark be entered in the notary public’s journal?
Answer: When the witnesses are acting in the capacity of credible witnesses establishing identity. The handbook provides an exception requiring journal entries for witnesses only when they serve as credible witnesses for identity verification.
California Notary Public Handbook, page 16: “Exception: If the witnesses were acting in the capacity of credible witnesses in establishing the identity of the person signing by mark, then the witnesses’ signatures must be entered in the notary public’s journal.”