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California notary rules: the notary journal

What the California Notary Public Handbook says about the notary journal, as 27 exam-style questions with the answer and the exact rule.

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What specific physical identifier must a signer provide in the journal when notarizing a deed of trust?Their right thumbprint. The law mandates the right thumbprint first for real property documents, with alternatives only if the right thumb is unavailable.
California Notary Public Handbook, page 11: “If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property or a power of attorney document, the notary public shall require the party signing the document to place their right thumbprint in the journal.”
If a notary public's sequential journal is lost or stolen, what action must the notary take immediately?Notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The handbook requires immediate notification to the Secretary of State via a method that provides proof of delivery, such as certified mail.
California Notary Public Handbook, page 11: “If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public immediately must notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt.”
According to Government Code section 8206, what is the requirement for a notary public's journal entry when no fee is charged for a service?The notary must make an entry in the journal, such as “no fee” or “0.”. The handbook states that a journal entry is mandatory even when no fee is collected, specifying examples like "no fee" or "0".
California Notary Public Handbook, page 21: “The notary public is required to make an entry in the notary public journal even if no fee was charged, such as “no fee” or “0.””
Who is the exclusive owner of the notary journal, even if the employer paid for it?The notary public. The handbook states that the journal belongs exclusively to the notary, regardless of who purchased it or employment status.
California Notary Public Handbook, page 33: “The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time.”
What specific information must a notary record in their journal when establishing identity through two credible witnesses?The type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses. The note following section C lists these three specific data points as required entries in the journal for two credible witnesses.
California Notary Public Handbook, page 10: “the notary public must indicate in their journal the type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities.”
What specific detail must a notary record in their journal regarding the identification document presented by a single credible witness?The type of identifying document, issuing agency, identifying number, and date of issuance or expiration. The note following the section on single credible witnesses lists these four specific data points that must be recorded in the journal.
California Notary Public Handbook, page 10: “the notary public must indicate in their journal the type of identifying document, the governmental agency issuing the document, the identifying number of the document, and the date of issuance or expiration of the document presented by the witness to establish the identity of the witness.”
What specific information must be included in the notary journal if the identity of a signer was established by the oaths of two credible witnesses?The signatures of the credible witnesses, the type of identifying documents, the identifying numbers, and the dates of issuance or expiration. The handbook details that when two credible witnesses are used, the journal must include their signatures along with specific details about their identifying documents.
California Notary Public Handbook, page 12: “If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence, then the journal must contain the signatures of the credible witnesses and the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities.”
Which of the following documents is exempt from the requirement that the signing party place a right thumbprint in the journal?A deed of reconveyance. The handbook lists specific exceptions to the thumbprint requirement, including deeds of reconveyance, while other listed document types generally require it.
California Notary Public Handbook, page 32: “This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.”
If a notary's journal is seized by law enforcement and later returned, what must the notary do if they have already obtained a new sequential journal?Make no new entries in the returned journal. The handbook specifies that once a new sequential journal is obtained after a seizure, no new entries should be made in the returned original journal.
California Notary Public Handbook, page 26: “If the journal relinquished to a peace officer is returned and a new journal has been obtained, the notary public shall make no new entries in the returned journal.”
According to California Government Code section 8206(a), where must a notary public keep their active sequential journal?In a locked and secured area, such as a lock box or locked desk drawer, under the direct and exclusive control of the notary public. The law mandates that the journal be kept in a locked area under the notary's exclusive control, distinguishing it from shared or employer-held storage.
California Notary Public Handbook, page 11: “The journal must be kept in a locked and secured area (such as a lock box or locked desk drawer), under the direct and exclusive control of the notary public.”
What is the consequence if a notary public willfully fails to properly maintain their notary journal?The notary public is guilty of a misdemeanor. The handbook directly states that willful failure to maintain the journal results in the notary being guilty of a misdemeanor.
California Notary Public Handbook, page 12: “A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public’s journal.”
If a California notary public cannot identify the type of document being notarized, what specific entry must be made in the journal?Make an entry stating 'a document in a foreign language'. The handbook mandates that when the document type is unknown, the journal entry must reflect that it is a document in a foreign language.
California Notary Public Handbook, page 23: “If unable to identify the type of document, the notary public must make an entry to that effect in the journal (e.g., “a document in a foreign language”).”
When a California notary public's journal is seized by a peace officer, within what timeframe must the notary notify the Secretary of State?Within 10 days. The handbook states that notification to the Secretary of State regarding a seized journal must occur within 10 days.
California Notary Public Handbook, page 26: “In the event your journal has been seized by a peace officer or law enforcement agency for any reason, immediately notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer.”
Who owns the sequential journal of a notary public?The notary public exclusively. The law states that the journal is the exclusive property of the notary and must not be surrendered to an employer, regardless of who purchased it.
California Notary Public Handbook, page 11: “The sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time.”
When a peace officer seizes a notary journal, within what timeframe must the officer notify the Secretary of State?Within 24 hours. The handbook requires peace officers to notify the Secretary of State within 24 hours of seizing a journal.
California Notary Public Handbook, page 33: “A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized.”
What is the maximum fee a notary public may charge for providing a copy of a transaction from their journal upon written request?Thirty cents ($0.30) per page. The statute sets a specific cap of thirty cents per page for the cost of providing journal information.
California Notary Public Handbook, page 11: “The cost to provide the requested information must not exceed thirty cents ($0.30) per page.”
When recording a signer's identity in the notary journal, what is the best practice regarding the name recorded?Capture the full name as it appears on the driver’s license or identification card, including suffixes. The handbook advises that the notary should record the full name including suffixes as shown on the identification card, rather than relying solely on the document name or nicknames.
California Notary Public Handbook, page 27: “The best practice is to capture the full name as it appears on the driver’s license or identification card, including suffixes like Jr., Sr., II, III, etc.”
If a signer is physically unable to provide a thumbprint, what action must the notary take regarding the journal entry?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.”
Within how many days must a notary notify the Secretary of State by certified mail after relinquishing their journal to a peace officer?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.”
Which type of deed is permitted to use proof of execution by a subscribing witness, despite the general restrictions on instruments affecting real property?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.”
Under what specific condition must the signatures of witnesses to a signature-by-mark be entered in the notary public’s journal?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.”
If a notary public discovers an error in a completed notarial act, what is the required procedure according to California law?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.”
What information must be included in the written request from the public for a copy of a journal transaction?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.”
If the credible witness does not sign the notary public’s official journal, what alternative action must the notary take?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.”
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?$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).”
Which of the following is listed as a ground for disciplinary action against a California notary public?Willful failure to report the theft or loss of the sequential journal. The handbook lists 'willful failure to report the theft or loss of the sequential journal' among the specific reasons for denial, revocation, or suspension.
California Notary Public Handbook, page 20: “willful failure to report the theft or loss of the sequential journal”
What is the consequence of failing to keep the notary journal in a locked and secured area under the direct and exclusive control of the notary?The Secretary of State may take administrative action against the commission held by the notary public. The handbook states that failure to secure the journal allows the Secretary of State to take administrative action against the notary's commission.
California Notary Public Handbook, page 32: “Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.”

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