California Notary Public — All Questions

Why is direct communication between the notary and the signer important?

• a.To set the fee
• b.The notary must be able to identify the signer and confirm willingness without a translator acting as intermediary✓
• c.It is not important
• d.So the notary can translate the document

The notary must communicate directly with the signer to verify identity, awareness, and willingness. Relying on a third-party translator introduces risk of miscommunication or coercion, so the notary should decline if direct communication is impossible.CA Civil Code §1185

A notary is asked to swear in a witness for a deposition. What act is the notary performing?

• a.A copy certification
• b.A proof of execution
• c.An acknowledgment
• d.Administering an oath (or affirmation) to the deponent✓

Administering an oath to a deposition witness is a proper notarial function under the notary's power to administer oaths. The notary places the witness under oath so that testimony is given under penalty of perjury.CA Code of Civil Procedure §2093

If a signer objects to swearing an oath for religious reasons, what may the notary offer instead?

• a.An affirmation, which is legally equivalent to an oath✓
• b.Refuse service
• c.A jurat without any pledge
• d.A copy certification

A signer who objects to an oath may instead make an affirmation, a secular pledge that carries the same legal effect and perjury penalty. The notary must still obtain an affirmative, conscious pledge from the signer.CA Code of Civil Procedure §2093

May a California notary use an out-of-state acknowledgment certificate wording?

• a.Never
• b.Only if the signer requests it
• c.Yes, a California notary may complete a certificate for use in another state if it does not require the notary to determine or certify the capacity of the signer beyond what California allows✓
• d.Only for real property

A California notary may complete an acknowledgment for use in another jurisdiction, but the certificate must not require the notary to certify facts California does not permit (such as representative capacity). California acknowledgment certificates must contain the statutory disclaimer about verifying only identity.CA Civil Code §1189

A notary reasonably suspects the document is part of a fraud. What is the proper response?

• a.Complete it but omit the seal
• b.Notarize it and warn the signer
• c.Refuse to perform the notarization✓
• d.Charge a higher fee

When a notary has a reasonable suspicion that the transaction is fraudulent or unlawful, the notary should decline to proceed. Notarizing under such circumstances can expose the notary to civil and criminal liability.CA Government Code §8214.1

The all-purpose California acknowledgment certificate contains a required disclaimer stating what?

• a.That the fee has been paid
• b.That the signer is a U.S. citizen
• c.That the certificate verifies only the identity of the signer, not the truthfulness or validity of the document✓
• d.That the notary drafted the document

California acknowledgment certificates must include a boxed disclaimer stating the notary verified only the identity of the individual who signed, and not the truthfulness, accuracy, or validity of the document. This protects against misuse of the certificate as an endorsement.CA Civil Code §1189

For a proof of execution, may the credible witness who identifies the subscribing witness be identified by an ID card?

• a.Yes, always
• b.The credible witness is not required
• c.No—the credible witness must be personally known to the notary
• d.Yes, but only by passport✓

In a proof of execution, the credible witness who vouches for the subscribing witness must be personally known to the notary, not identified by an ID document. This chain of personal knowledge is what allows the principal to be absent.CA Government Code §8205

A signer brings an affidavit that must be sworn to. If the certificate is missing, what should the notary do?

• a.Fill in whatever certificate is handy
• b.Ask the signer what act is required and, if it is a sworn statement, attach a jurat and administer the oath✓
• c.Refuse all sworn documents
• d.Choose an acknowledgment because it is simpler

For a sworn affidavit the correct act is a jurat, requiring the signer to sign in the notary's presence and swear to the truth of the contents. The notary must ask the signer which act is needed rather than choosing, then administer the oath before completing the jurat certificate.CA Government Code §8202

What does 'satisfactory evidence' of a signer's identity mean in California?

• a.A signed statement from the signer
• b.The notary's own belief
• c.Any photo the signer provides
• d.Identification by acceptable ID documents or by credible witness(es), as defined by statute✓

Civil Code §1185 defines satisfactory evidence as either specified identification documents or the oath of a credible witness (or two). It is the only lawful basis for verifying identity in California.CA Civil Code §1185

May a California notary rely on personal knowledge of the signer to establish identity?

• a.Yes, for family members
• b.Yes, for acknowledgments only
• c.Yes, if the notary has known the signer for years
• d.No; California eliminated personal knowledge—identity must be by acceptable ID or credible witness✓

Unlike many states, California does not allow personal knowledge as a method of identifying a signer. Even a well-known signer must be identified through acceptable identification documents or the oath of credible witnesses.CA Civil Code §1185

Which of the following is an acceptable identification document in California?

• a.A credit card
• b.A birth certificate
• c.A Social Security card
• d.A current California driver's license or DMV-issued ID card✓

A current California driver's license or state ID card issued by the DMV is a primary acceptable ID. Social Security cards, birth certificates, and credit cards are not acceptable because they lack the required photo, signature, and description.CA Civil Code §1185

Is a valid U.S. passport acceptable identification for a California notarization?

• a.Only for jurats
• b.Yes, a valid U.S. passport is acceptable✓
• c.No
• d.Only if under 5 years old

A valid, current U.S. passport is one of the acceptable forms of satisfactory evidence. It contains a photograph and signature, satisfying the statutory requirements.CA Civil Code §1185

For most acceptable ID documents, what is the currency requirement?

• a.There is no time limit
• b.Must be current or issued within the past 5 years✓
• c.Must be at least 10 years old
• d.Must be issued this year

An acceptable ID must be current or, if expired, have been issued within the previous five years. A card older than five years past its issuance does not qualify even if it appears valid.CA Civil Code §1185

When a single credible witness is used to identify a signer, that witness must be:

• a.Personally known to the notary and must personally know the signer✓
• b.A licensed attorney
• c.A relative of the signer
• d.At least 21 years old

A single credible witness must both personally know the signer and be personally known to the notary. The witness swears under oath to the signer's identity and must have no financial interest in the transaction.CA Civil Code §1185

Before accepting a credible witness's identification of a signer, the notary must:

• a.Administer an oath or affirmation to the credible witness✓
• b.Get written permission from the signer
• c.Charge a separate fee
• d.Take the witness's fingerprint

The notary must place the credible witness under oath or affirmation before relying on the witness's statement of the signer's identity. The witness swears that the signer is the person named in the document.CA Civil Code §1185

How may two credible witnesses be used when neither the notary nor the signer can otherwise establish identity?

• a.They act as the signer's attorneys
• b.They sign the document for the signer
• c.Each is identified by acceptable ID and each swears to personally knowing the signer✓
• d.They pay the notary fee

Two credible witnesses who personally know the signer, but who are unknown to the notary, may be used if each witness is identified by the notary through acceptable ID. Each witness then swears under oath to the signer's identity.CA Civil Code §1185

Which foreign document may qualify as acceptable identification in California?

• a.Any foreign national ID card
• b.A valid passport issued by a foreign government (or an inland/consular ID meeting statutory criteria)✓
• c.A foreign utility bill
• d.A foreign birth certificate

A foreign passport is acceptable if it has been stamped by U.S. immigration authorities, and driver's licenses issued by Canada or Mexico also qualify. General foreign national ID cards, birth certificates, and utility bills do not meet the statutory list.CA Civil Code §1185

An inmate in a California correctional facility who lacks other ID may be identified using:

• a.A tattoo
• b.A cellmate's word
• c.An inmate identification card issued by the California Department of Corrections and Rehabilitation, together with a credible witness who is a facility employee✓
• d.No identification is possible

A CDCR-issued inmate ID card is listed as an acceptable identification document, and a facility official may serve as a credible witness. This allows incarcerated persons to have documents notarized within the statutory framework.CA Civil Code §1185

An ID card expired three years ago is presented. Is it acceptable?

• a.No, any expired ID is unacceptable
• b.Only with a second ID
• c.Yes, if it was issued within the past five years and otherwise meets the requirements✓
• d.Only for acknowledgments

An expired card remains acceptable if it was issued within the previous five years. Thus an ID that expired three years ago but was issued four years ago may still qualify, provided it contains the required features.CA Civil Code §1185

Acceptable identification documents generally must contain all of the following EXCEPT:

• a.A physical description and signature
• b.A photograph of the bearer
• c.The bearer's fingerprint✓
• d.A serial or identifying number

Acceptable ID must include a photograph, description, signature, and an identifying/serial number and be issued by an authorized agency. A fingerprint is not among the required features of an ID document.CA Civil Code §1185

May a person with a direct financial interest in the transaction serve as a credible witness?

• a.No; a credible witness must have no financial interest and not be named in the document✓
• b.Only if related to the signer
• c.Yes, for jurats
• d.Yes, always

A credible witness must be disinterested—having no financial interest in the transaction and not being named in the document. This impartiality protects the integrity of the identification.CA Civil Code §1185

Which of the following is NOT acceptable identification on its own in California?

• a.A valid U.S. passport
• b.A U.S. military identification card meeting the requirements
• c.A current California driver's license
• d.A Social Security card✓

A Social Security card lacks a photograph, physical description, and serial identifying features, so it is not acceptable identification. Passports, DMV licenses, and qualifying U.S. military IDs are acceptable.CA Civil Code §1185

A U.S. military identification card may be used as satisfactory evidence if it:

• a.Is issued in California only
• b.Contains the bearer's photograph, description, signature, and a serial or identifying number✓
• c.Is under one year old
• d.Is laminated

A U.S. military ID qualifies when it contains a photograph, physical description, signature, and identifying number. Like other acceptable IDs, it must be issued by an authorized governmental agency.CA Civil Code §1185

An identification card issued by a state, county, city, or federal agency may be acceptable if it:

• a.Is any employee badge
• b.Is signed by a supervisor
• c.Is a library card
• d.Contains a photograph, description, signature, and identifying number and was issued by an authorized government office✓

An employee ID card issued by a government agency qualifies only when it includes the required photograph, description, signature, and serial number. A private employer badge or library card does not meet the statutory standard.CA Civil Code §1185

How must entries be recorded in a California notary journal?

• a.Sequentially, in chronological order at the time of each act✓
• b.Only at the end of the day
• c.Only for real property documents
• d.In any order

Government Code §8206 requires each act to be recorded sequentially in a bound journal at the time of the notarization. This chronological record creates a reliable audit trail of the notary's official acts.CA Government Code §8206

For which documents does California require the signer's thumbprint in the notary journal?

• a.Only jurats
• b.All documents
• c.Only wills
• d.Deeds, quitclaim deeds, and deeds of trust affecting real property, and powers of attorney✓

A right-thumbprint is required in the journal when notarizing documents affecting real property—such as deeds, quitclaim deeds, and deeds of trust—and for powers of attorney. This requirement is a key California anti-fraud measure.CA Government Code §8206

Which of the following is a required journal entry for each notarial act?

• a.The signer's bank account number
• b.The notary's home phone number
• c.The date, time, and type of act; the signer's name; the type of ID used; and the fee charged✓
• d.A photocopy of the document

Each entry must record the date and time of the act, the type of act, the character of the document, the signer's name and signature, the method of identification, and the fee charged. Sensitive data like bank numbers are never recorded.CA Government Code §8206

Who owns and controls a California notary's sequential journal?

• a.The Secretary of State
• b.The employer who paid for it
• c.The notary personally, as the sole custodian✓
• d.The county clerk

The journal is the exclusive property of the notary, even if an employer paid for it. The notary must keep it under direct and exclusive control and may not surrender it to an employer.CA Government Code §8206

When a notary's commission ends, what must happen to the journal?

• a.It is mailed to the FBI
• b.All journals must be delivered to the county clerk within 30 days✓
• c.It is destroyed
• d.It is given to the employer

Upon resignation, revocation, or expiration, the notary must deliver all journals to the county clerk within 30 days. If the notary dies, the personal representative has the same duty.CA Government Code §8209

If a notary's journal is lost, misplaced, or stolen, what must the notary do?

• a.Immediately notify the Secretary of State in writing✓
• b.Buy a new one and continue
• c.Notify only the employer
• d.Nothing

The notary must promptly send a written report to the Secretary of State upon discovering the journal is lost or stolen, describing the circumstances. Prompt reporting helps limit fraud from the missing record.CA Government Code §8206

Which of the following must appear on a California notary seal?

• a.The State Seal, the words 'Notary Public,' the notary's name, the county, the commission number, and the commission expiration date✓
• b.The notary's photo
• c.The employer's logo
• d.The notary's home address

The seal must show the California State Seal, the words 'Notary Public,' the notary's name, the county where the bond is filed, the commission number, and the commission expiration date. It must be a fixed, legible stamp.CA Government Code §8207

A California notary seal must be:

• a.Photographically reproducible when affixed to a document✓
• b.Embossed only
• c.Applied in red ink only
• d.Round only

The seal must be photographically reproducible so that it copies clearly for recording and archiving. It is typically an inked rubber stamp; an embosser alone is not sufficient because it may not photocopy.CA Government Code §8207

If a notary's official seal is lost or stolen, what should the notary do?

• a.Continue using a replacement immediately with no notice
• b.Notify the Secretary of State✓
• c.Ignore it
• d.Report only to the police

A lost or stolen seal should be reported to the Secretary of State, and steps taken to prevent its misuse. Prompt notice helps protect the public from fraudulent notarizations using the missing seal.CA Government Code §8207

If a peace officer investigating a crime asks to inspect a notary's journal, the notary must:

• a.Destroy the journal first
• b.Refuse
• c.Permit inspection and provide requested information as authorized by law✓
• d.Charge a fee to allow it

The journal must be shown to a peace officer or the Secretary of State on request in the course of an official investigation. Although the notary owns the journal, it serves a public-interest recordkeeping function.CA Government Code §8206

The fee charged for each notarial act must be:

• a.Kept secret
• b.Recorded in the journal for that act✓
• c.Rounded to the nearest dollar
• d.Reported to the IRS separately

Each journal entry must include the fee charged for that act, or note that no fee was charged. This documents compliance with the statutory fee limits.CA Government Code §8206

When a thumbprint is required, which thumbprint does California specify?

• a.Either thumb, notary's choice
• b.The signer's right thumbprint (or, if none, another available fingerprint noted in the journal)✓
• c.Left thumb
• d.Both thumbs

The journal must contain the signer's right thumbprint for the specified real-property and power-of-attorney documents. If the right thumb is unavailable, the notary takes another fingerprint and notes which one in the journal.CA Government Code §8206

California law regarding notary journals allows which of the following about electronic records?

• a.The journal must be a bound, tangible book kept in chronological order; certain electronic recordkeeping is limited by statute✓
• b.Paper journals are prohibited
• c.Journals must always be electronic
• d.No records may be kept at all

California requires a physical, bound sequential journal for traditional notarizations. Electronic recording is tightly regulated, and the tangible journal remains the primary required record.CA Government Code §8206

When a notary's commission expires or is revoked, what must be done with the seal?

• a.Destroy the seal so it cannot be misused✓
• b.Mail it to the Secretary of State for reuse
• c.Keep it as a souvenir
• d.Give it to a friend

Upon expiration, resignation, or revocation, the seal must be destroyed or defaced so it cannot be used to create fraudulent notarizations. This is done in addition to delivering the journals to the county clerk.CA Government Code §8207

How should a notary handle recording multiple signers on the same document in the journal?

• a.Only record the first signer
• b.A separate journal entry (line item) for each signer's act✓
• c.One combined entry for everyone
• d.No entry needed if it is one document

Each signer's notarial act requires its own line item in the journal, even if they sign the same document. This ensures every act is separately documented with the signer's identification and, where required, thumbprint.CA Government Code §8206

Why does California require a sequential journal rather than loose notes?

• a.To save the notary money
• b.Because the employer requires it
• c.To create a continuous, tamper-resistant chronological record for each act✓
• d.To replace the seal

A bound, sequential journal creates a continuous record that is difficult to alter or backdate, deterring fraud. It provides evidence of what the notary did and protects both the public and the notary.CA Government Code §8206

What is the maximum fee a California notary may charge for taking an acknowledgment, per signature?

• a.$50
• b.$15✓
• c.$10
• d.$25

Government Code §8211 sets the maximum fee for an acknowledgment at $15 per signature. Charging more than the statutory maximum is unlawful and can subject the notary to discipline.CA Government Code §8211

What is the maximum fee a California notary may charge for administering an oath and completing a jurat, per signature?

• a.$40
• b.$10
• c.$15✓
• d.$20

The maximum fee for a jurat is $15 per signature under Government Code §8211. As with acknowledgments, the notary may charge less but never more than the statutory cap.CA Government Code §8211

A notary whose negligence or misconduct causes damage to a member of the public may face:

• a.Criminal charges only
• b.Only a warning
• c.Civil liability for the damages caused, and the surety may pursue the notary✓
• d.No consequences

Government Code §8214 makes the notary and the surety liable to a person injured by the notary's misconduct or neglect. If the surety pays, it can seek reimbursement from the notary, whose personal liability is not capped by the bond amount.CA Government Code §8214

Knowingly executing a false acknowledgment or certificate can expose a California notary to:

• a.A verbal warning
• b.Criminal prosecution, which may include felony charges, plus civil liability and loss of commission✓
• c.Nothing if the signer approved
• d.A small fine only

Willfully making a false certificate or acknowledgment is a crime that can carry felony or misdemeanor penalties, in addition to civil damages and revocation. The severity reflects the trust placed in the notarial certificate.CA Penal Code §115.5

Which agency oversees, disciplines, and may revoke California notary commissions?

• a.The county sheriff
• b.The State Bar
• c.The Secretary of State✓
• d.The IRS

The Secretary of State has continuing authority to investigate complaints, discipline notaries, and suspend or revoke commissions. The office may also impose civil penalties for specified violations.CA Government Code §8214.1

A non-attorney notary who literally advertises as a 'notario publico' to imply immigration expertise may face:

• a.Penalties, suspension, or revocation, because such advertising is prohibited✓
• b.A higher fee schedule
• c.A commendation
• d.Nothing

California prohibits non-attorney notaries from translating 'notary public' into 'notario publico,' which falsely implies legal or immigration authority in many Latin American countries. Violations can lead to fines, suspension, or permanent revocation of the commission.CA Government Code §8219.5

May a notary freely disclose the contents of journal entries to any curious third party?

• a.Only to the employer
• b.Yes, to anyone
• c.Yes, if paid a fee
• d.No; disclosure is limited to lawful requests such as the signer, the Secretary of State, a peace officer, or a subpoena/court order✓

The journal is a controlled record; the notary may provide line-item information only in response to a lawful request, such as from the signer, the Secretary of State, a peace officer, or under subpoena. Indiscriminate disclosure would breach the notary's duty of care.CA Government Code §8206

The Secretary of State may impose a civil penalty for certain violations, such as performing an unauthorized act, of up to:

• a.$100
• b.$250
• c.$1,500 per violation (and up to $10,000 for specified serious violations)✓
• d.$50

Government Code §8214.15 authorizes civil penalties up to $1,500 per violation for many infractions, and up to $10,000 for specified serious violations such as aiding illegal immigration fraud. These penalties are in addition to any criminal or civil liability.CA Government Code §8214.15

A non-attorney notary who assists with immigration forms is limited in that the notary:

• a.May select which immigration relief to pursue
• b.May represent clients before immigration authorities
• c.Has no restrictions
• d.May not give legal advice, may only transcribe information provided by the client, and must observe advertising and fee rules✓

A non-attorney notary may only enter information as provided by the client and may not give legal advice or choose immigration remedies, which is unauthorized practice of law. The notary must also post required notices and observe the statutory fee limits.CA Government Code §8223

For completing an immigration form, what fee limit applies to a notary in California?

• a.$50 per form
• b.$100 per form
• c.No limit
• d.$15 per set of forms (per person)✓

California caps the fee a notary may charge for completing an immigration form at $15 per individual for each set of forms. This limit, along with mandatory disclosures, protects immigrants from overcharging and misleading services.CA Government Code §8223