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California notary rules: fees for notarial acts
What the California Notary Public Handbook says about fees for notarial acts, as 25 exam-style questions with the answer and the exact rule.
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- Under Section 8202.5, how must fees collected by a notary public appointed for a governmental entity be handled?The fees are remitted to the employing agency and deposited to the credit of the fund paying the notary's salary. The statute mandates that fees collected by such notaries must be remitted to the employing agency and credited to the fund from which the notary's salary is paid.California Notary Public Handbook, page 30: “Any fees collected or obtained by any notary public whose documents have been filed without charge and for whom bond premiums have been paid by the employer of the notary public shall be remitted by the notary public to the employing agency which shall deposit the funds to the credit of the fund from which the salary of the notary public is paid.”
- What is the required amount for the official bond that every person appointed a notary public must execute?$15,000. Section 8212 specifies that the official bond amount is fifteen thousand dollars.California Notary Public Handbook, page 36: “Every person appointed a notary public shall execute an official bond in the sum of fifteen thousand dollars ($15,000).”
- What is the maximum fine for a willful failure to notify the Secretary of State of a change of address?Not more than five hundred dollars ($500). The handbook sets a specific cap of $500 for infractions related to failing to notify the Secretary of State of address changes.California Notary Public Handbook, page 37: “Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).”
- According to Section 6100, which notaries public are prohibited from performing notarial services without charging a fee?Notaries public whose fees are required by law to be remitted to the state or any other public agency. The handbook creates an exception for notaries whose fees must be remitted to public agencies, implying they must charge fees, while others may perform services without charging.California Notary Public Handbook, page 43: “This section shall not be construed to prohibit any notary public, except a notary public whose fees are required by law to be remitted to the state or any other public agency, from performing notarial services without charging a fee.”
- What is the specific consequence for a notary public who violates the provisions regarding fee charging and price gouging for DACA services under Business and Professions Code § 22449?The notary's commission may be revoked or suspended by the Secretary of State. The statute states that violations by a notary public are grounds for revocation or suspension of their commission by the Secretary of State.California Notary Public Handbook, page 54: “In addition to the civil and criminal penalties described in Section 22445, a violation of this section by a notary public shall be cause for the revocation or suspension of his or her commission as a notary public by the Secretary of State and the application of any other applicable penalties pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code.”
- According to Section 6110, what is the consequence for an officer who fails or refuses to perform required services after fees have been paid?The officer is liable upon his official bond. The law states that liability for failing to perform services after payment falls upon the officer's official bond.California Notary Public Handbook, page 44: “Upon payment of the fees required by law, the officer shall perform the services required. For every failure or refusal to do so, the officer is liable upon his official bond.”
- According to Section 8223, what is the maximum fee a notary public qualified as an immigration consultant may charge a client for entering data provided by the client on immigration forms?$15 per individual for each set of forms. The statute caps the fee for entering client-provided data on immigration forms at fifteen dollars per individual per set of forms.California Notary Public Handbook, page 41: “The fee for this service shall not exceed fifteen dollars ($15) per individual for each set of forms.”
- Under Government Code section 6100, what is required of a notary public appointed to act for and on behalf of certain public agencies pursuant to Government Code section 8202.5?They must charge for all services and remit the fees received to the employing agency. The handbook states that notaries working for specific public agencies must charge fees and remit them to the employing agency.California Notary Public Handbook, page 21: “In addition, Government Code section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5, to charge for all services and remit the fees received to the employing agency.”
- Under California law, what is the maximum fee a notary public may charge for each set of forms, assuming the notary is not acting as an attorney rendering professional services?Fifteen dollars ($15). The handbook sets a fifteen-dollar cap on fees for sets of forms for non-attorney notaries.California Notary Public Handbook, page 20: “A notary public may not charge any individual more than fifteen dollars ($15) for each set of forms, unless the notary public is also an attorney who is rendering professional services as an attorney.”
- What is the maximum fee the Secretary of State may charge for issuing a permit to a manufacturer or vendor to issue notary seals?The actual costs of issuing the permit. The fee for the permit is capped at the actual costs incurred by the Secretary of State to issue it.California Notary Public Handbook, page 34: “The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit.”
- Which of the following statements accurately reflects the fee requirements for notaries public when performing services for veterans' benefits or pensions?Notaries shall not demand or receive any fee or compensation for services related to securing pensions or veterans' benefits. The law mandates that notaries do not charge fees for services related to securing pensions or veterans' benefits.California Notary Public Handbook, page 43: “Neither the State, nor any county or city, nor any public officer or body acting in his official capacity on behalf of the State, any county, or city, including notaries public, shall receive any fee or compensation for services rendered in an affidavit, or application relating to the securing of a pension, or the payment of a pension voucher, or any matter relating thereto.”
- According to Section 8202.5, what is the fee requirement for state or county officers when filing certificates for notaries appointed by governmental entities?No fees shall be charged. The law mandates that no fees be charged by the officer for filing these specific certificates.California Notary Public Handbook, page 30: “Whenever the certificate is filed with any state or county officer, no fees shall be charged by the officer for the filing or issuance of any document in connection with the appointment.”
- According to § 8203.6, what is the fee requirement for services rendered by a notary public within a military or naval reservation?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.”
- 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?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.”
- Under California law, what is the maximum civil penalty that may be imposed for a violation of subdivision (h) regarding charging fees?$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).”
- What is the required amount for the official surety bond that every California notary public must file?$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.”
- According to Elections Code § 8080, what is the rule regarding fees for verifying nomination documents?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.”
- Who is responsible for paying the recording fee specified in Section 27361 of the Government Code when a notary public's bond is recorded?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.”
- What is the maximum civil penalty amount for each willful violation of Sections 8207 through 8231.8?$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”
- What is the maximum regulatory fee the Commission on Judicial Performance may charge for each certification application submitted by a former judge?$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”
- 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?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.”
- What is the consequence for a county officer who refuses or neglects to provide a written account of fees upon request by the person paying them?The officer is liable to the person paying the fees in treble the amount so paid. Section 6109 specifies that failure to provide the required written account results in liability for treble the amount paid.California Notary Public Handbook, page 44: “If the officer refuses or neglects to do so when required, he is liable to the person paying the fees in treble the amount so paid.”
- What is the maximum civil penalty a California notary public may face for willfully stating as true any material fact that they know to be false?$10,000. The law sets a specific cap of $10,000 for civil penalties imposed for knowingly false statements.California Notary Public Handbook, page 48: “A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000).”
- Under California law, what is the maximum civil penalty a notary public may face for willfully stating as true any material fact known to be false?$10,000. The handbook states that the civil penalty for this specific violation does not exceed $10,000.California Notary Public Handbook, page 13: “The notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding $10,000.”
- According to § 8201.2, what is the maximum civil penalty a person may face for violating regulations adopted by the Secretary of State for approved notary public education vendors?One thousand dollars ($1,000). The statute sets the cap for civil penalties at one thousand dollars per violation.California Notary Public Handbook, page 29: “A person who provides notary public education and violates any of the regulations adopted by the Secretary of State for approved vendors is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation and shall be required to pay restitution where appropriate.”