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California notary rules: jurats, oaths and affirmations

What the California Notary Public Handbook says about jurats, oaths and affirmations, as 37 exam-style questions with the answer and the exact rule.

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1. What is the required physical format for the notice located at the top of a jurat certificate?It must be enclosed in a box. Section 8202(b) mandates that the verification notice be placed at the top of the jurat and enclosed within a box.
   California Notary Public Handbook, page 29: “there shall be attached a jurat that includes a notice at the top, in an enclosed box”
2. Which specific phrase identifies the form as a jurat?Subscribed and sworn to (or affirmed). The handbook directly states that the phrase 'Subscribed and sworn to (or affirmed)' is the identifier for a jurat form.
   California Notary Public Handbook, page 13: “The jurat is identified by the wording “Subscribed and sworn to (or affirmed)” contained in the form.”
3. If a notary public moves their business address to a new county, what does Government Code section 8213 require regarding their oath and bond?It is permissive, but not required, to file a new oath and bond in the new county. The law states that filing a new oath and bond in the new county is optional (permissive) rather than mandatory when moving between counties.
   California Notary Public Handbook, page 22: “If the notary public moves to a new county, it is permissive, but not required, to file a new oath and bond in the new county.”
4. Under Penal Code § 115.5, what is the specific consequence for making a false sworn statement to a notary public to induce an improper notarial act on a single-family residence?The person is guilty of a felony. The code states that making a false sworn statement to induce an improper notarial act on qualifying real property constitutes a felony.
   California Notary Public Handbook, page 53: “(b) Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units is guilty of a felony.”
5. How long must the county clerk retain the oath of office after the expiration of the notary's commission term before it may be destroyed?One year. The rule states that the oath is retained for exactly one year following the commission's expiration.
   California Notary Public Handbook, page 36: “The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of.”
6. Under what condition is a jurat validly affixed to a document?When the signer personally appears, takes an oath, and signs in the presence of the notary public. The handbook mandates personal appearance, taking an oath, and signing in the presence of the notary for a valid jurat, rejecting mailed documents or known-signer exceptions.
   California Notary Public Handbook, page 19: “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.”
7. What must a notary public do regarding their official stamp after filing their oath and bond in a new county?The stamp must reflect the county where their most recent oath and bond are filed. The rule states that the notary's stamp must be updated to reflect the county where the current oath and bond are located.
   California Notary Public Handbook, page 25: “Your stamp must reflect the county where your most recent oath and bond are filed.”
8. In a California jurat, which of the following is certified by the notary public?That the signer signed the document in the presence of the notary public. The handbook lists specific certifications for a jurat, including that the signer signed the document in the presence of the notary, while excluding verification of truthfulness or accuracy.
   California Notary Public Handbook, page 13: “That the signer signed the document in the presence of the notary public;”
9. According to Section 8230, what must a notary require a signer to show when executing a jurat on a document that includes the signer's birthdate or age?A certified copy of the person’s birth certificate. The statute lists a certified copy of the birth certificate as a required method for verifying age or birthdate in this specific context.
   California Notary Public Handbook, page 42: “the notary public shall require, as a condition to executing the jurat, that the person verify the birthdate or age contained in the statement by showing either: (a) A certified copy of the person’s birth certificate”
10. What additional information must be included in the jurat of an instrument executed within a military reservation, as per § 8203.5?The name of the reservation in which the instrument is executed. The statute requires the jurat to specifically identify the reservation where the execution took place, in addition to the state name.
    California Notary Public Handbook, page 31: “In addition to the name of the State, the jurat shall also contain the name of the reservation in which the instrument is executed.”
11. How must a notary public establish the identity of a subscribing witness in a proof of execution scenario?By the oath of a credible witness whom the notary personally knows and who personally knows the subscribing witness. The rule requires a two-step identification process involving a credible witness who knows both the notary and the subscribing witness, rather than direct ID inspection alone.
    California Notary Public Handbook, page 15: “The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary public personally knows and who personally knows the subscribing witness.”
12. What is the geographic scope of authority for a California notary public when performing notarial services?Throughout the State of California. The handbook states that a notary's authority extends statewide, overriding any limitation to the county of filing.
    California Notary Public Handbook, page 8: “A notary public can provide notarial services throughout the State of California. A notary public is not limited to providing services only in the county where the oath and bond are filed.”
13. Where must a California notary public file their oath of office and surety bond?In the county where the notary public maintains a principal place of business. The law specifies that the filing location is determined by the notary's principal place of business, not the location of the signing or the state capital.
    California Notary Public Handbook, page 8: “The oath and bond must be filed in the county where the notary public maintains a principal place of business as shown in the application on file with the Secretary of State.”
14. Within what timeframe must a notary public deliver all notarial journals, records, and papers to the county clerk’s office after their commission is no longer valid?Within 30 days. The handbook states a 30-day deadline for delivering records to the county clerk after the commission expires.
    California Notary Public Handbook, page 12: “Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the oath was filed.”
15. When a notary uses the oath of two credible witnesses to establish a signer's identity, what is the requirement regarding the notary's relationship to those witnesses?The notary does not need to personally know the witnesses. The handbook distinguishes between single credible witnesses (whom the notary must personally know) and two credible witnesses, for whom the handbook states the notary does not personally know them.
    California Notary Public Handbook, page 10: “The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know.”
16. When executing a jurat pursuant to § 8202(a), what action is required of the affiant regarding the signing of the document?The affiant must sign the document in the presence of the notary. The statute clearly requires the signature to occur while the affiant is physically present with the notary.
    California Notary Public Handbook, page 29: “The affiant shall sign the document in the presence of the notary.”
17. Which of the following is NOT listed as a required affirmation for a single credible witness under California law?The witness has a financial interest in the document. The handbook requires the witness to affirm that they do NOT have a financial interest; therefore, having a financial interest is incorrect, while the other options are direct requirements listed in the handbook.
    California Notary Public Handbook, page 10: “The credible witness does not have a financial interest and is not named in the document signed.”
18. According to California Government Code sections 8212 and 8213, what is the specific deadline for a newly commissioned notary public to file their oath of office and surety bond with the county clerk?Within 30 calendar days from the beginning of the term prescribed in the commission. The handbook states that the filing must occur within 30 calendar days from the beginning of the commission term.
    California Notary Public Handbook, page 8: “Once the commission has been issued, a person has 30 calendar days from the beginning of the term prescribed in the commission to take, subscribe, and file an oath of office and file a $15,000 surety bond with the county clerk’s office.”
19. If a notary public moves their business to a different county, which of the following is true regarding their commission?Their commission allows them to notarize throughout the State of California regardless of where their oath and bond are filed. The handbook clarifies that the commission is valid statewide, independent of the county where the oath and bond are filed.
    California Notary Public Handbook, page 25: “Your commission allows you to notarize throughout the State of California, regardless of where your oath and bond are filed.”
20. What specific action is required regarding the signer's presence when preparing a jurat?The signer must appear before the notary, take an oath, and sign the document in the notary's presence. The handbook distinguishes jurats from acknowledgments by requiring the signer to sign the document specifically in the presence of the notary.
    California Notary Public Handbook, page 25: “When preparing a jurat, the person requesting the jurat must appear before you, take an oath, and sign the document in your presence.”
21. Under what specific condition does the Commission on Judicial Performance issue a certification to a former judge that is valid for only two years?If the former judge has a medical condition that may impair their ability, but the condition does not impair their ability at the time the certification is submitted. The handbook specifies that a two-year validity period applies when a medical condition exists but does not currently impair the judge's ability to administer oaths.
    California Notary Public Handbook, page 51: “If an applicant’s medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the time the medical certification is submitted with the application, the Commission on Judicial Performance shall issue a certification to administer oaths and affirmations pursuant to paragraph (2), but the certification is only valid for a period of two years from the date of issuance.”
22. According to the provided index, which specific document type is listed for notarization alongside Power of Attorney and Proof of Execution?Jurat. The index lists 'Execution of Jurat' as a distinct category for notarization, distinguishing it from other common notarial acts.
    California Notary Public Handbook, page 56: “Execution of Jurat, 13–14, 22, 29–30, 31, 36”
23. What is the consequence if a notary fails to file their amended oath and bond within 30 days after receiving an amended commission for a name change?The name change becomes void, the commission reverts to the previous name, and a new Name Change form is required. The handbook states that missing the 30-day deadline voids the name change, reverts the commission to the old name, and requires submitting a new form.
    California Notary Public Handbook, page 26: “If you fail to file your amended oath and bond within the 30-day time limit, the name change will become void, and your commission will revert to the previous name, and you will be required to submit another Name Change form.”
24. Within what timeframe must a notary deliver their journals to the county clerk after their commission is no longer valid due to resignation or expiration?Within 30 days. The rules specify a strict 30-day window for delivering journals to the county clerk after the commission ends.
    California Notary Public Handbook, page 26: “Once complete, send the form to the Secretary of State and deliver all of your notarial journals to the county in which your current oath of office was filed within 30 days and destroy your seal.”
25. According to Section 1196, how must a subscribing witness be proved to be such?By the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185. The handbook states that proof of a subscribing witness requires the oath of a credible witness accompanied by specific documentation.
    California Notary Public Handbook, page 50: “A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185.”
26. When a notary establishes the identity of a signer using a single credible witness whom the notary personally knows, which condition must the witness affirm regarding the signer?The signer does not possess any of the identification documents authorized by law to establish the signer’s identity. The handbook lists this condition as one of the five statements a single credible witness must swear or affirm to be true.
    California Notary Public Handbook, page 10: “4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;”
27. When must an officer take and subscribe the oath or affirmation before entering on the duties of their office?Following any election or appointment and before entering on duties. The rule specifies that the oath must be taken after election/appointment but strictly before the officer begins their duties.
    California Notary Public Handbook, page 43: “Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.”
28. What is the maximum fee a notary public may charge for administering an oath or affirmation to one person?$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”
29. 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?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.”
30. Who is granted the power to administer oaths and affirmations and perform deposition officer duties in addition to a notary public?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.”
31. According to Commercial Code § 3505, who is authorized to make a protest of dishonor?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.”
32. Which of the following is a required condition for a former judge to receive certification to administer oaths from the Commission on Judicial Performance?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;”
33. Under what specific condition can a jurat be affixed to a document that was mailed or delivered to the notary public?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.”
34. Which of the following is a valid form of administering an oath or affirmation in an action or proceeding as described in Section 2094?Asking, "Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?". Section 2094 provides specific wording for oaths and affirmations, including the option to use the phrase 'under penalty of perjury' without invoking God.
    California Notary Public Handbook, page 52: “(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?””
35. If a newly appointed notary public mails their oath and bond to the county clerk, which of the following statements accurately reflects the rule regarding filing deadlines?Sufficient time must be allowed to ensure timely filing, and no exceptions are made for mail delays. The handbook mandates that the notary must allow sufficient time for delivery and states that no exceptions are made for mail or processing delays.
    California Notary Public Handbook, page 8: “If mailing an oath and bond to the county clerk, sufficient time must be allowed by the newly appointed notary public to ensure timely filing. Note: Exceptions are not made to the 30-day filing requirement due to mail service delays, county clerk mail processing delays, or for any other reason.”
36. Which of the following is required when a notary public files their oath of office and bond in a new county after moving their business?They must check the county transfer box at the bottom of the oath form. The handbook specifies that when filing the oath in the new county, the notary must check the county transfer box on the form.
    California Notary Public Handbook, page 25: “To file a county change, you must request an oath of office form from the Secretary of State. The oath will have the name of your original county; however, you must take and file your oath of office in the new county, checking the county transfer box at the bottom of the oath form.”
37. According to California law, what specific information must a notary's official seal clearly show when affixed to a document?The notary's name, the State Seal, the words 'Notary Public,' the county of filing, and the commission expiration date. The statute lists these five specific elements as required content for the official seal.
    California Notary Public Handbook, page 34: “A notary public shall provide and keep an official seal, which shall clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words “Notary Public,” and the name of the county wherein the bond and oath of office are filed, and the date the notary public’s commission expires.”

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