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California notary rules: commission, bond and qualifications

What the California Notary Public Handbook says about commission, bond and qualifications, as 47 exam-style questions with the answer and the exact rule.

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1. A notary public in California whose current commission has expired is seeking reappointment. Which education requirement must they satisfy?They must attach proof of completion for a six-hour course. The handbook states that even if a three-hour refresher was taken, a six-hour course is required for reappointment after expiration.
   California Notary Public Handbook, page 25: “If you are a notary public seeking reappointment and took an approved threehour notary public refresher education course, you will still need to take an approved six-hour course.”
2. Which of the following is a valid ground for the Secretary of State to refuse, revoke, or suspend a notary public's commission?Conviction of a felony or a lesser offense involving moral turpitude. Section 8214.1(b) lists conviction of a felony or an offense involving moral turpitude as a specific ground for refusal, revocation, or suspension of the commission.
   California Notary Public Handbook, page 37: “(b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public.”
3. What additional step is required if a notary's commission expires before they retake the exam after failing the initial attempt?They must take an approved six-hour course. If the commission expires before the retake, the previous three-hour course is invalid, requiring the applicant to complete the full six-hour course instead.
   California Notary Public Handbook, page 24: “However, if your commission expires prior to retaking the exam, the three-hour course no longer meets the education requirements, and you will need to take an approved six-hour course.”
4. Under Section 8227.1, which of the following actions by a person who is not a duly commissioned, qualified, and acting notary public constitutes a misdemeanor?Representing or holding themselves out to the public as being entitled to act as a notary public. The statute lists representing oneself as entitled to act as a notary public as a misdemeanor offense for non-notaries.
   California Notary Public Handbook, page 42: “It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California to do any of the following: (a) Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public.”
5. Under California Government Code § 8203.3, from which specific group of individuals must a notary public for a military or naval reservation be appointed?Federal civil service employees at the reservation. The statute restricts eligibility to federal civil service employees working at the specific reservation.
   California Notary Public Handbook, page 31: “appointment will be made only from among those persons who are federal civil service employees at the reservation in which they will act as notaries public.”
6. How long are notary public exam results valid from the date of the examination?One year. The handbook specifies that exam results remain valid for a period of one year starting from the date the exam was taken.
   California Notary Public Handbook, page 24: “Test results are valid for one year from the date of the examination.”
7. Under § 8204.1, what is the minimum waiting period between the first notice of non-payment and the second notice of cancellation for a notary commission?20 days. The statute mandates that the second notice must occur at least 20 days after the initial notice.
   California Notary Public Handbook, page 31: “This second notice shall be given at least 20 days after the first notice, and no more than 90 days after the commencement date of the commission.”
8. What qualification requirement is stated for individuals appointed as notaries public for military and naval reservations?They must be a citizen of the United States and not less than 18 years of age. Section 8203.1 specifically requires that appointees for military and naval reservations be U.S. citizens and at least 18 years old.
   California Notary Public Handbook, page 30: “provided, however, that the appointee shall be a citizen of the United States, not less than 18 years of age, and must meet the requirements set forth in paragraphs (3) and (4) of subdivision (a) of Section 8201.”
9. What is the consequence for an applicant whose notary commission expires before they apply for reappointment?They must take an approved six-hour course. The handbook specifies that if the commission expires before reappointment is made, the applicant must take a six-hour course regardless of previous three-hour course completion.
   California Notary Public Handbook, page 24: “An applicant whose commission expires before reappointment is made for a new commission must take an approved six-hour course, even if the applicant previously has completed an approved three-hour course.”
10. What action must the county clerk take upon receiving a copy of a revoked notary commission from the Secretary of State?Note such revocation and its date upon the original record of such certificate. The statute mandates that the county clerk annotate the original certificate record with the revocation details.
    California Notary Public Handbook, page 39: “The county clerk shall note such revocation and its date upon the original record of such certificate.”
11. According to Probate Code section 4307, what specific certification statement must a California notary include when certifying a copy of a power of attorney?That the copy is a true and correct copy of the original power of attorney. The handbook mandates that the certification must state the copy is a true and correct copy of the original power of attorney.
    California Notary Public Handbook, page 17: “The certification shall state that the certifying person (i.e., notary public) has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.”
12. According to § 8205(a)(1), to whom does the duty of protesting bills of exchange and promissory notes specifically apply?Notaries employed by financial institutions. The handbook limits the specific duty of protesting bills and notes to notaries employed by financial institutions.
    California Notary Public Handbook, page 31: “This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notary’s employment with the financial institution.”
13. Where must the Secretary of State file a copy of the revocation when revoking a notary public's commission?With the county clerk of the county in which the notary public’s principal place of business is located. The law requires the revocation copy to be filed with the county clerk of the county where the notary's principal place of business is located.
    California Notary Public Handbook, page 39: “Whenever the Secretary of State revokes the commission of any notary public, the Secretary of State shall file with the county clerk of the county in which the notary public’s principal place of business is located a copy of the revocation.”
14. If a notary public changes their name, what happens to their existing commission number?The commission number remains the same. The handbook states that upon approval of a name change application, the existing commission number does not change.
    California Notary Public Handbook, page 37: “The term of the commission and commission number shall remain the same.”
15. When are notary applicants required to undergo fingerprinting as part of the background check process?Prior to being granted a notary public commission. The handbook specifies that fingerprinting is required prior to the granting of the commission to assist in determining identity and checking for disqualifying crimes.
    California Notary Public Handbook, page 7: “state law requires all notary applicants to be fingerprinted as part of a thorough background check prior to being granted a notary public commission”
16. What is the consequence for a California notary public who violates the advertising language requirements for the second time?The notary's commission is permanently revoked. The handbook distinguishes between first and second offenses, specifying that a second offense results in permanent revocation of the commission.
    California Notary Public Handbook, page 20: “A first offense for violation of this law is grounds for the suspension or revocation of a notary public’s commission. A second offense is grounds for the permanent revocation of a notary public’s commission.”
17. What is the minimum suspension period for a first-time violation of the advertising rules in Section 8219.5?One year. The handbook states the suspension period is "not less than one year" for failing to comply with the advertising requirements.
    California Notary Public Handbook, page 40: “The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c).”
18. Under California law, what is the minimum age requirement for a person to be appointed as a notary public?At least 18 years of age. The statute sets the minimum age for appointment at 18 years old.
    California Notary Public Handbook, page 28: “Be not less than 18 years of age.”
19. Under what condition may the Secretary of State deny a notary public application or suspend a commission based on financial obligations?If the applicant has not complied with child or family support obligations. The handbook states that non-compliance with child or family support obligations is a specific basis for denying an application or suspending a commission.
    California Notary Public Handbook, page 21: “In addition, the Secretary of State may deny the notary public application or suspend the notary public commission of a person who has not complied with child or family support obligations.”
20. What is the consequence for a second offense of failing to comply with the advertising requirements in Section 8219.5?The commission shall be revoked permanently. The statute distinguishes between the first offense (suspension of not less than one year) and the second offense, which results in permanent revocation.
    California Notary Public Handbook, page 40: “However, on the second offense the commission of such notary public shall be revoked permanently.”
21. Under California law regarding the recording of electronic records, who qualifies as a 'disinterested custodian'?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.”
22. Who is responsible for offering the course of instruction that a notary public must complete to obtain authorization to issue confidential marriage licenses?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.”
23. 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?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.”
24. Who is authorized to enforce the provisions of the notary chapter by examining a notary's books and records according to Section 8228?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. According to Section 8227.3, under what specific circumstance does an unlawful act by a non-notary become a felony rather than a misdemeanor?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.”
26. If a California notary public's commission has already expired and they are applying for a new commission, which course must they complete?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.”
27. Where must a surety file an application to be released from responsibility for future acts of a notary public?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.”
28. Which education course requirement applies to a new applicant seeking initial appointment?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.”
29. Which of the following is a stated reason the Secretary of State may deny a notary public application?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;”
30. Under what condition does a completed three-hour refresher course remain valid if the notary fails the initial exam?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.”
31. 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?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.”
32. According to § 8201.5, which specific pieces of information on a notary public application form are NOT considered confidential?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”
33. A California notary public holds a current commission and wishes to renew it before the expiration date. Which educational requirement must this individual satisfy?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.”
34. How soon before the expiration date of a current commission should a notary take the exam for reappointment to avoid a break in terms?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.”
35. What is the statute of limitations for prosecuting a violation under Section 8225 regarding improper notarial acts?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.”
36. What specific course requirement must an applicant satisfy prior to approval of their appointment as a California notary public?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.”
37. Which of the following is true regarding the disclosure of past convictions on a California notary public application?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.”
38. Which term is prohibited from being used in advertising by a California notary public, even if accompanied by a prescribed notice?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.”
39. According to Section 8202.8, what limitation may a private employer place on a notary public employee's services?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.”
40. Under Section 8202.7, what specific condition allows a private employer to pay for a notary public's bond premiums and supplies?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.”
41. 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?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.”
42. 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?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.”
43. What procedure does the Secretary of State require from applicants to assist in determining their identity and checking for disqualifying crimes?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.”
44. What is the time limit for commencing prosecution for a violation of failing to obtain a required thumbprint from a signer?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.”
45. What information must be included when submitting a written address change notification to the Secretary of State?Name exactly as on commission certificate, commission number, expiration date, address type, and new addresses. The handbook lists specific required details including name, commission info, address type, and new addresses for proper processing.
    California Notary Public Handbook, page 22: “Note: To ensure proper processing, include the following information when submitting the written address change notification to the Secretary of State: • Name of the notary public exactly as it appears on the commission certificate; • Commission number and expiration date of the commission; • Whether the address change is for the business, residence, and/or for mailing purposes; and • New business, including business name, residence, and/or mailing address.”
46. Under § 8204, what is the standard term of office for a California notary public?Four years. The law clearly states that the term of office for a notary public is four years.
    California Notary Public Handbook, page 31: “The term of office of a notary public is for four years commencing with the date specified in the commission.”
47. If a notary public resigns or their commission expires, does this prevent the Secretary of State from continuing an investigation or disciplinary proceeding?No, the resignation or expiration does not bar the Secretary of State from instituting or continuing an investigation. The statute states that resignation or expiration does not stop the Secretary of State from investigating or disciplining the notary.
    California Notary Public Handbook, page 39: “Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, if the Secretary of State determines, after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, that any notary public has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission, the resignation or expiration of the notary public’s commission shall not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary proceedings.”

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