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California notary rules: the official seal and stamp

What the California Notary Public Handbook says about the official seal and stamp, as 22 exam-style questions with the answer and the exact rule.

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1. Where should the notary public seal be placed on a document to ensure it is accepted for recordation?It should not be placed over signatures or over any printed matter on the document. The handbook instructs that the seal must not overlap signatures or printed text to avoid rejection of the document.
   California Notary Public Handbook, page 9: “The seal should not be placed over signatures or over any printed matter on the document.”
2. Is there a fee associated with requesting a new Certificate of Authorization to have a new stamp made?No, there is no fee. The handbook clearly states that there is no fee to request a Certificate of Authorization for a new stamp.
   California Notary Public Handbook, page 26: “There is no fee to request a Certificate of Authorization.”
3. Under what condition is a notary public guilty of a misdemeanor regarding the custody of their official seal?If the notary public willfully fails to keep the seal under their direct and exclusive control. The handbook states that willfully failing to maintain direct and exclusive control of the seal constitutes a misdemeanor.
   California Notary Public Handbook, page 9: “A notary public is guilty of a misdemeanor if the notary public willfully fails to keep the notary public seal under the notary public’s direct and exclusive control or if the notary public willfully surrenders the notary public’s seal to any person not authorized to possess it.”
4. What action is described as unacceptable regarding the application of a notary seal?Affixing a seal and signature without the required notarial wording. The note clearly states that applying a seal and signature without the accompanying notarial wording is not acceptable.
   California Notary Public Handbook, page 16: “Note: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.”
5. What specific document must a vendor submit to the Secretary of State for verification and recordkeeping?The original certificate of authorization containing a sample impression of the seal. The handbook specifies that the original certificate, containing a sample impression of the seal, is the document submitted to the Secretary of State, while the copy is retained by the vendor.
   California Notary Public Handbook, page 35: “the original, which shall contain a sample impression of the seal issued to the notary public, shall be submitted to the Secretary of State for verification and recordkeeping.”
6. What is the maximum allowed width for a rectangular official notary seal in California?One inch. The handbook specifies that a rectangular seal must be no more than one inch in width.
   California Notary Public Handbook, page 34: “The seal may be circular not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border, and shall contain the information required by this section.”
7. Regarding the custody of the official notary seal, which of the following is required by California law?The seal must be kept in a locked and secured area under the direct and exclusive control of the notary. The handbook requires the seal to be under the exclusive control of the notary and prohibits surrendering it to employers or others.
   California Notary Public Handbook, page 8: “The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person.”
8. Who owns the official notarial seal of a notary public?The notary public. The law states that the seal is the exclusive property of the notary public.
   California Notary Public Handbook, page 34: “The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person.”
9. According to California notary law, what are the specific dimensional requirements for an official notary public seal?It must be circular not over two inches in diameter or rectangular not more than one inch in width by two and one-half inches in length. The handbook defines the maximum dimensions for both circular and rectangular seals, specifying limits on diameter, width, and length.
   California Notary Public Handbook, page 9: “Be circular not over two inches in diameter or be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border.”
10. What specific failure regarding the notarial seal results in a misdemeanor under Section 8228.1?Failing to keep the seal under the direct and exclusive control of the notary public. The statute mandates that the seal must remain under the direct and exclusive control of the notary public, and failing to do so is a misdemeanor.
    California Notary Public Handbook, page 42: “Any notary public who willfully fails to perform any duty required of a notary public under Section 8206, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor.”
11. What is the maximum timeframe the Secretary of State has to issue a certificate of authorization after receiving notice of a lost or damaged seal?Five working days. The law mandates that the Secretary of State must issue the certificate within five working days after receiving the notice from the notary.
    California Notary Public Handbook, page 35: “The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization”
12. Under what condition is a vendor authorized to provide a notary with an official seal?Upon presentation of a certificate of authorization by the notary public. The statute requires the presentation of a certificate of authorization for a vendor to issue a seal.
    California Notary Public Handbook, page 34: “A vendor or manufacturer is authorized to provide a notary with an official seal only upon presentation by the notary public of a certificate of authorization.”
13. What is the required action regarding the notary public seal when the notary's commission expires?The seal must be destroyed. The law mandates the destruction of the seal upon commission expiration to prevent fraudulent use, rather than transferring or storing it.
    California Notary Public Handbook, page 9: “When the notary public commission is no longer valid, the notary public seal must be destroyed to protect the notary public from possible fraudulent use by another.”
14. If a notary public transfers their principal place of business to a new county and elects to make a new filing, within how many days must they obtain an official seal reflecting the new county?30 days. The handbook specifies a 30-day window from the date of filing to obtain the updated official seal.
    California Notary Public Handbook, page 36: “If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred.”
15. What condition must be met regarding the notary's seal and signature on a document according to the provided notes?They cannot be affixed without the correct notarial wording. The handbook states that the seal and signature cannot be affixed unless the correct notarial wording is present.
    California Notary Public Handbook, page 17: “Note: A notary public seal and signature cannot be affixed to a document without the correct notarial wording.”
16. Within what timeframe must a notary public obtain an official seal reflecting a name change after filing the amendment?Within 30 days of the filing. The rule requires the notary to secure a new official seal within 30 days after completing the filing process for the name change.
    California Notary Public Handbook, page 37: “The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.”
17. Under Section 8214.8, what action must the court take regarding a notary public's seal upon conviction of certain offenses?The court shall require the notary public to surrender the seal to the court. The statute mandates that the court require the surrender of the seal to the court upon conviction, rather than destroying it immediately or allowing retention.
    California Notary Public Handbook, page 40: “Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public.”
18. If a notary public's official seal is lost, misplaced, destroyed, broken, damaged, or rendered otherwise unworkable, what action must the notary take immediately?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.”
19. Which type of seal is described as almost universal due to the requirement that it be photographically reproducible?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.”
20. Under what specific circumstances is the use of an official seal NOT required for an electronic notarial act?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).”
21. What action must a notary take regarding their seal upon termination, resignation, or revocation of their commission?Destroy or deface it. The handbook mandates that the seal must be destroyed or defaced when the commission ends.
    California Notary Public Handbook, page 34: “The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission.”
22. What limitation applies to affixing a notary seal and signature to a document?It cannot be affixed without the correct notarial wording. The handbook states that a seal and signature cannot be affixed unless the correct notarial wording is present, distinguishing this from the rules for mailed documents.
    California Notary Public Handbook, page 13: “Also, a notary public seal and signature cannot be affixed to a document without the correct notarial wording.”

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