25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. According to Elections Code § 8080, what is the rule regarding fees for verifying nomination documents?
Answer: No fee or charge shall be made or collected by any officer for verifying any nomination document. The Elections Code mandates that no fees or charges be collected by officers for verifying nomination documents or circulator's affidavits.
California Notary Public Handbook, page 52: “No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit.”
2. What is the maximum fee a notary public may charge for administering an oath or affirmation to one person?
Answer: $15. The fee schedule in the handbook lists the maximum fee for administering an oath or affirmation to one person as $15.
California Notary Public Handbook, page 22: “Oaths/Affirmations Administering an oath or affirmation to one person $15”
3. Under Civil Code § 1185, what is the consequence for a person convicted of perjury regarding the document they acknowledged?
Answer: They forfeit any financial interest in the document. The law specifies that a conviction for perjury in this context results in the forfeiture of financial interests tied to the acknowledged document.
California Notary Public Handbook, page 47: “A person convicted of perjury under this section shall forfeit any financial interest in the document.”
4. A California notary public holds a current commission and wishes to renew it before the expiration date. Which educational requirement must this individual satisfy?
Answer: A three-hour refresher course. The handbook specifies that a current notary renewing before expiration must take a three-hour refresher course, not the initial six-hour course.
California Notary Public Handbook, page 7: “A notary public who holds a current California notary public commission and who has completed an approved six-hour course at least one time is required to take and satisfactorily complete an approved three-hour refresher course prior to reappointment as a notary public.”
5. How soon before the expiration date of a current commission should a notary take the exam for reappointment to avoid a break in terms?
Answer: At least six months prior to the expiration date. The handbook states that taking the exam at least six months before expiration is required to avoid a break in commission terms.
California Notary Public Handbook, page 24: “To avoid a break in commission terms, you should take the exam at least six months prior to the expiration date of your current commission.”
6. If a notary public discovers an error in a completed notarial act, what is the required procedure according to California law?
Answer: The notary must notarize the signature on the document again with a new certificate and journal entry. The handbook states that errors cannot be corrected on the original act; instead, the entire notarization process must be repeated with new documentation.
California Notary Public Handbook, page 19: “If a notary public discovers an error in a notarial act after completing the act, then the notary public should notarize the signature on the document again. All requirements for notarization are required for the new notarial act, including completing and attaching a new certificate containing the date of the new notarial act and completing a new journal entry.”
7. What is the statute of limitations for prosecuting a violation under Section 8225 regarding improper notarial acts?
Answer: Four years after discovery of the offense or completion of the offense, whichever is later. The handbook sets the prosecution window at four years from either discovery or completion, whichever occurs later.
California Notary Public Handbook, page 42: “prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.”
8. Who is responsible for paying the recording fee specified in Section 27361 of the Government Code when a notary public's bond is recorded?
Answer: The person appointed a notary public. The handbook assigns the responsibility of paying the recording fee directly to the individual being appointed as the notary public.
California Notary Public Handbook, page 37: “The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public.”
9. What is the maximum civil penalty amount for each willful violation of Sections 8207 through 8231.8?
Answer: $1,500. The handbook states that the civil penalty for each violation shall not exceed one thousand five hundred dollars.
California Notary Public Handbook, page 35: “shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation”
10. What specific course requirement must an applicant satisfy prior to approval of their appointment as a California notary public?
Answer: A six-hour course of study approved by the Secretary of State. The law mandates a specific six-hour approved course of study for initial appointments.
California Notary Public Handbook, page 28: “have satisfactorily completed a six-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public.”
11. Within what timeframe must a notary public obtain an official seal reflecting a name change after filing the amendment?
Answer: Within 30 days of the filing. The rule requires the notary to secure a new official seal within 30 days after completing the filing process for the name change.
California Notary Public Handbook, page 37: “The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.”
12. According to Civil Code § 1185, what is the maximum civil penalty a notary public may face for failing to obtain the required satisfactory evidence of identity?
Answer: Ten thousand dollars ($10,000). The law specifies that the civil penalty for failing to obtain satisfactory evidence of identity cannot exceed ten thousand dollars.
California Notary Public Handbook, page 47: “A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000).”
13. Within what timeframe must a notary public deliver all notarial records and papers to the county clerk after resigning, being disqualified, removed, or allowing their appointment to expire?
Answer: Within 30 days. The law specifies that records must be delivered to the county clerk within 30 days of the notary's departure from office.
California Notary Public Handbook, page 35: “If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file.”
14. Which of the following constitutes satisfactory evidence of identity for a signer according to the handbook?
Answer: An identification card issued by the California Department of Motor Vehicles. The handbook lists specific acceptable identification documents, including those issued by the California Department of Motor Vehicles as satisfactory evidence.
California Notary Public Handbook, page 9: “An identification card or driver’s license issued by the California Department of Motor Vehicles;”
15. According to Section 8223(a), how must a notary public who holds themselves out as an immigration specialist advertise their status?
Answer: They shall not advertise in any manner whatsoever that they are a notary public. The statute prohibits notaries who identify as immigration specialists from advertising their notary status.
California Notary Public Handbook, page 41: “A notary public who holds himself or herself out as being an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public.”
16. According to Section 8219.5, how is the phrase "notary public" correctly translated into Spanish for advertising purposes?
Answer: It must be translated according to the true meaning of the word in the target language, not literally. The statute prohibits literal translations like "notario publico" and defines literal translation as ignoring the true meaning, implying the correct approach is to translate based on true meaning.
California Notary Public Handbook, page 40: “Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated.”
17. When preparing a certificate of acknowledgment, what is the specific requirement regarding the signer's appearance and signature?
Answer: The signer must personally appear before the notary and acknowledge that they executed the document. For acknowledgments, the signer must appear and acknowledge execution, but unlike a jurat, they do not need to sign in the notary's presence.
California Notary Public Handbook, page 25: “In an acknowledgment, the signer must personally appear before you and acknowledge that the signer executed the document, not that the signer executed the document in your presence.”
18. Who is authorized to make certified copies of vital records such as birth, death, and marriage certificates?
Answer: The State Registrar, duly appointed local registrars, and county recorders. The handbook specifies that only the State Registrar, local registrars, and county recorders are authorized to certify these specific vital records, excluding general notaries.
California Notary Public Handbook, page 27: “Certified copies of birth, fetal death, death, and marriage records (vital records) may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders.”
19. What information must be included in the written request from the public for a copy of a journal transaction?
Answer: The name of the parties, the type of document, and the month and year in which the document was notarized. The handbook lists these three specific elements as required content for the written request.
California Notary Public Handbook, page 11: “The written request shall include the name of the parties, the type of document, and the month and year in which the document was notarized.”
20. Which of the following is true regarding the disclosure of past convictions on a California notary public application?
Answer: There is no time limit for disclosure; all convictions must be disclosed. The handbook states that there is no time limit for disclosing convictions and that all past convictions must be included on the application.
California Notary Public Handbook, page 23: “Yes. There is no time limit for disclosure of convictions. If you have ever been convicted, including a conviction for a DUI, you must disclose the conviction on your application.”
21. Which term is prohibited from being used in advertising by a California notary public, even if accompanied by a prescribed notice?
Answer: Notario Publico. The handbook specifies that translating 'Notary Public' to 'notario publico' or 'notario' is prohibited, regardless of whether the required disclaimer notice is posted.
California Notary Public Handbook, page 20: “In any event, a notary public may not translate into Spanish the term “Notary Public,” defined as “notario publico” or “notario,” even if the prescribed notice also is posted.”
22. Who is granted the power to administer oaths and affirmations and perform deposition officer duties in addition to a notary public?
Answer: A certified shorthand reporter. The handbook identifies certified shorthand reporters as having these specific powers alongside notaries.
California Notary Public Handbook, page 51: “A shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to administer oaths and affirmations and may perform the duties of the deposition officer pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4.”
23. Which of the following best describes the scope of jurisdiction for a California notary public?
Answer: Any part of this state. California notaries are authorized to perform their duties anywhere within the state boundaries.
California Notary Public Handbook, page 28: “Notaries public may act as such notaries in any part of this state.”
24. Under Section 8214.8, what action must the court take regarding a notary public's seal upon conviction of certain offenses?
Answer: The court shall require the notary public to surrender the seal to the court. The statute mandates that the court require the surrender of the seal to the court upon conviction, rather than destroying it immediately or allowing retention.
California Notary Public Handbook, page 40: “Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public.”
25. According to California law, what is the requirement for a signer's presence when a notary performs a notarial act?
Answer: The signer must physically appear before the notary public. The handbook states that physical presence is required and that video or non-physical representations do not satisfy the requirement for personal appearance.
California Notary Public Handbook, page 27: “California law requires a person to physically appear before the notary public to perform a notarial act. A video image or other form of non-physical representation is not considered as personal appearance in front of the notary public under current California law.”