25 questions from the California Notary Public Handbook. Pick an answer to see the rule behind it.
1. According to Commercial Code § 3505, who is authorized to make a protest of dishonor?
Answer: A United States consul or vice consul, or a notary public during the course and scope of employment with a financial institution or other authorized person. The statute lists consuls, vice consuls, and notaries public acting within their employment scope as the authorized persons to make a protest.
California Notary Public Handbook, page 52: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public during the course and scope of employment with a financial institution or other person authorized to administer oaths by the laws of any other state, government, or country in the place where dishonor occurs.”
2. According to Section 66436(c), what specific information must be typed or printed below or immediately adjacent to the notary's signature for a notary acknowledgment to be deemed complete for recording without the official seal?
Answer: The notary's name, the county of the notary’s principal place of business, and the notary’s commission expiration date. The handbook lists these three specific items as the required elements for a valid acknowledgment without a seal.
California Notary Public Handbook, page 45: “so long as the name of the notary, the county of the notary’s principal place of business, and the notary’s commission expiration date are typed or printed below or immediately adjacent to the notary’s signature in the acknowledgment.”
3. Which of the following statements accurately describes the fee structure for notarizing signatures on vote by mail ballot identification envelopes?
Answer: No fee may be charged. Subsection (d) states that no fee may be charged for notarizing signatures on vote by mail ballot identification envelopes.
California Notary Public Handbook, page 36: “No fee may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.”
4. When completing an acknowledgment form for a document to be filed in another state, what restriction applies to the California notary?
Answer: The notary may complete the required form provided it does not require determining or certifying the signer's representative capacity. California notaries can use other states' forms unless those forms require the notary to make determinations about representative capacity or other certifications not allowed by California law.
California Notary Public Handbook, page 48: “On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.”
5. Which of the following is a required element for an identification document to be accepted under the 'reasonable reliance' standard described in the handbook?
Answer: It must contain a photograph, description of the person, signature of the person, and an identifying number. The handbook specifies these four elements as mandatory requirements for any identification document used under the reasonable reliance provision.
California Notary Public Handbook, page 10: “provided that it also contains a photograph, description of the person, signature of the person, and an identifying number:”
6. If the credible witness does not sign the notary public’s official journal, what alternative action must the notary take?
Answer: The notary must record the type of identification document, issuing agency, serial number, and expiration date in the journal. The handbook provides an alternative to the credible witness signing the journal, which involves the notary recording specific details of the identification document presented.
California Notary Public Handbook, page 15: “The credible witness must sign the notary public’s official journal, or the notary public must record in the notary public’s official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document.”
7. Which of the following is a required condition for a former judge to receive certification to administer oaths from the Commission on Judicial Performance?
Answer: The former judge must not have been censured and barred from receiving assignments from any California state court. The handbook lists specific eligibility criteria, including that the judge was not censured and barred from receiving work assignments from California state courts.
California Notary Public Handbook, page 51: “The former judge or justice was not removed from office; was not censured and barred from receiving an assignment, appointment, or reference of work from any California state court;”
8. If a notary public's official seal is lost, misplaced, destroyed, broken, damaged, or rendered otherwise unworkable, what action must the notary take immediately?
Answer: Mail or deliver written notice of that fact to the Secretary of State. The handbook mandates that the notary must immediately notify the Secretary of State in writing when the official seal becomes unusable.
California Notary Public Handbook, page 35: “Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State.”
9. What specific type of copy certification is referenced in the index for tangible documents?
Answer: Photostatic Copies. The index lists 'Photostatic Copies' as a category, distinguishing it from electronic records or other formats.
California Notary Public Handbook, page 57: “Photostatic Copies, 12, 33”
10. According to Section 8202.8, what limitation may a private employer place on a notary public employee's services?
Answer: The employer may limit notarial services solely to transactions directly associated with the business purposes of the employer. The handbook allows private employers to restrict the employee's notarial work to transactions directly associated with the employer's business purposes.
California Notary Public Handbook, page 30: “Notwithstanding any other provision of law, a private employer of a notary public who has entered into an agreement with his or her employee pursuant to Section 8202.7 may limit, during the employee’s ordinary course of employment, the providing of notarial services by the employee solely to transactions directly associated with the business purposes of the employer.”
11. Which of the following is considered satisfactory evidence of a signer's identity for a California notary?
Answer: A U.S. Passport Card issued by the Department of State. The handbook confirms that a U.S. Passport Card is acceptable evidence of identity, while noting that personal knowledge alone is insufficient.
California Notary Public Handbook, page 27: “The U.S. Passport Card is issued by the Department of State of the United States and as indicated by the U.S. Department of State, the card is a wallet-sized plastic passport that is proof of U.S. citizenship and identity and has the same length of validity as the passport book. As such, a California notary public is permitted to accept U.S. Passport Card as satisfactory evidence of the signer’s identity pursuant to Civil Code section 1185(b)(3)(B).”
12. Under Section 8202.7, what specific condition allows a private employer to pay for a notary public's bond premiums and supplies?
Answer: The employer must have an agreement with the employee. The statute requires a private employer to have an agreement with the employee to pay for these costs.
California Notary Public Handbook, page 30: “A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public.”
13. Under California Government Code § 8203.2, what is the specific geographic limitation on the authority of a notary public appointed to a military or naval reservation?
Answer: They are authorized to act only within the boundaries of the reservation. The statute restricts the notary's authority to act solely within the boundaries of the specific reservation for which they were appointed.
California Notary Public Handbook, page 31: “Such notaries public shall be appointed only upon the recommendation of the commanding officer of the reservation in which they are to act, and they shall be authorized to act only within the boundaries of this reservation.”
14. What is the maximum regulatory fee the Commission on Judicial Performance may charge for each certification application submitted by a former judge?
Answer: $15. The handbook states the fee cap is fifteen dollars.
California Notary Public Handbook, page 51: “The Commission on Judicial Performance may charge a regulatory fee not to exceed fifteen dollars ($15) for each certification application submitted pursuant to this subdivision”
15. When is a California notary public's new commission issued if they have completed all requirements for reappointment while their current commission is still active?
Answer: 30 days prior to the expiration date of the current commission. The handbook states that the new commission is issued 30 days before the current one expires, provided all requirements are met.
California Notary Public Handbook, page 25: “Your notary public commission for reappointment will be issued 30 days prior to the expiration date of your current commission if you have complied with all the requirements to become a notary public.”
16. Which type of seal is described as almost universal due to the requirement that it be photographically reproducible?
Answer: The rubber stamp seal. The handbook identifies the rubber stamp as the standard choice because it meets the specific legal requirement of being photographically reproducible.
California Notary Public Handbook, page 8: “Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal.”
17. What procedure does the Secretary of State require from applicants to assist in determining their identity and checking for disqualifying crimes?
Answer: Being fingerprinted. Fingerprinting is required to verify identity and check criminal records for disqualifying offenses.
California Notary Public Handbook, page 28: “To assist in determining the identity of the applicant and whether the applicant has been convicted of a disqualifying crime specified in subdivision (b) of Section 8214.1, the Secretary of State shall require that applicants be fingerprinted.”
18. What is the maximum age of an identification document issued by the California Department of Motor Vehicles that a notary may rely upon to establish a signer's identity?
Answer: It must be current or issued within 5 years. The handbook specifies that identification documents must be current or issued within a five-year period to be accepted.
California Notary Public Handbook, page 9: “There is reasonable reliance on any one of the following forms of identification, provided it is current or was issued within 5 years:”
19. Under what specific circumstances is the use of an official seal NOT required for an electronic notarial act?
Answer: For electronic real estate documents and final subdivision plat maps. The handbook lists specific exceptions for electronic real estate documents and final subdivision plat maps where a seal is not required.
California Notary Public Handbook, page 23: “However, use of a seal is not required on electronic real estate documents under Government Code section 27391(f) and final subdivision plat maps under Government Code 66436(c).”
20. Within how many business days must a notary respond to a written request for a copy of a transaction?
Answer: 15 business days. Section 8206.5 mandates that the notary must respond to copy requests within 15 business days.
California Notary Public Handbook, page 33: “Upon receiving a request for a copy of a transaction pursuant to subdivision (c) of Section 8206, the notary shall respond to the request within 15 business days after receipt of the request and either supply the photostatic copy requested or acknowledge that no such line item exists.”
21. According to Business and Professions Code § 22449, which of the following entities is authorized to charge fees for providing consultations, legal advice, or notary public services associated with filing an application under the federal Deferred Action for Childhood Arrivals (DACA) program?
Answer: Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals. The statute lists these four categories as the only authorized individuals/entities to charge fees for DACA-related services.
California Notary Public Handbook, page 54: “Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients fees for providing consultations, legal advice, or notary public services, respectively, associated with filing an application under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012.”
22. According to California Notary Law, what is the maximum civil penalty a notary public may face for willfully failing to provide access to their sequential journal when requested by a peace officer?
Answer: $2,500. The statute caps the civil penalty for this specific violation at $2,500.
California Notary Public Handbook, page 39: “A notary public who willfully fails to provide access to the sequential journal of notarial acts when requested by a peace officer shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500).”
23. Who is authorized to bring a civil action to recover civil penalties against a person providing notary public education who violates Secretary of State regulations?
Answer: The local district attorney, city attorney, or the Attorney General. The law specifically grants the authority to sue for these penalties to the local district attorney, city attorney, or Attorney General.
California Notary Public Handbook, page 29: “The local district attorney, city attorney, or the Attorney General may bring a civil action to recover the civil penalty prescribed pursuant to this subdivision.”
24. Under what specific condition can a jurat be affixed to a document that was mailed or delivered to the notary public?
Answer: Only if the signer personally appears, takes an oath, and signs in the presence of the notary. The handbook requires the signer to personally appear, take the oath, and sign in the presence of the notary for a jurat to be valid, regardless of prior acquaintance.
California Notary Public Handbook, page 14: “Note: A jurat cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear, take an oath, and sign in the presence of the notary public, even if the signer is known by the notary public.”
25. What is the time limit for commencing prosecution for a violation of failing to obtain a required thumbprint from a signer?
Answer: Within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. The law sets a specific four-year window based on either discovery or completion, whichever occurs later.
California Notary Public Handbook, page 39: “Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, 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.”