CSLB General Building (B) — All Questions

In an acknowledgment, what is the signer certifying to the notary?

• a.That the contents of the document are true
• b.That the signer swears under oath
• c.That the signer executed the document and is the person named in it✓
• d.That the notary drafted the document

In an acknowledgment the signer personally appears, is identified, and acknowledges that he or she executed the document. The notary does not vouch for the truth of the contents—only that the identified person acknowledged signing.CA Civil Code §1189

What is a jurat?

• a.A copy certification
• b.A record of a real estate closing
• c.A power of attorney
• d.A certificate that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the document✓

A jurat—'subscribed and sworn to'—requires the signer to appear, be identified, sign in front of the notary, and take an oath or affirmation that the contents are true. It is used for affidavits and other sworn statements.CA Government Code §8202

What is a key difference between a jurat and an acknowledgment?

• a.A jurat requires the signer to sign in the notary's presence and take an oath; an acknowledgment does not require an oath✓
• b.There is no difference
• c.An acknowledgment requires an oath but a jurat does not
• d.A jurat can be done by mail

For a jurat, the signer must sign in front of the notary and swear or affirm to the truth of the document. For an acknowledgment, the signer need only acknowledge a prior signature and takes no oath.CA Government Code §8202

Which notarial act always requires the notary to administer an oath or affirmation?

• a.Acknowledgment
• b.Jurat✓
• c.Certified copy of a power of attorney
• d.Proof of execution

A jurat requires the notary to administer an oath or affirmation, with the signer swearing to the truth of the contents. An acknowledgment involves no oath.CA Government Code §8202

For an acknowledgment, must the signer sign the document in the notary's presence?

• a.Yes, always
• b.Yes, unless the document is a deed
• c.No; the signer may have signed earlier and simply acknowledges the signature before the notary✓
• d.No; the signer need not appear at all

In an acknowledgment the signer must personally appear and acknowledge signing, but the actual signature may have been made earlier. The signer must still be identified and personally present when acknowledging.CA Civil Code §1189

The phrase 'Subscribed and sworn to (or affirmed) before me' on a certificate indicates which act?

• a.An acknowledgment
• b.A copy certification
• c.A proof of execution
• d.A jurat✓

'Subscribed and sworn to (or affirmed) before me' is the statutory jurat wording under Government Code §8202. It signals that the signer signed in the notary's presence and took an oath or affirmation.CA Government Code §8202

What is the difference between an oath and an affirmation?

• a.An oath appeals to a Supreme Being while an affirmation is a secular pledge, but both carry the same legal weight and penalty of perjury✓
• b.An affirmation is not legally binding
• c.An oath is only for court
• d.There is no legal difference in wording or effect—they are identical statements

An oath typically invokes a Supreme Being ('so help you God'), while an affirmation is a non-religious pledge for those who prefer it. Both are legally equivalent and subject the declarant to the penalties of perjury.CA Code of Civil Procedure §2093

What is a proof of execution by a subscribing witness used for?

• a.Certifying a copy of a passport
• b.Allowing a document to be notarized when the principal signer cannot personally appear, using a witness who saw the principal sign✓
• c.Administering an oath to a deposition witness
• d.Recording a name change

A proof of execution lets a document be notarized when the principal cannot appear, based on the sworn testimony of a subscribing witness who saw the principal sign. It is a limited substitute for the principal's personal appearance.CA Civil Code §1195

In a proof of execution by a subscribing witness, how is the subscribing witness identified to the notary?

• a.By the notary's personal knowledge
• b.By a government-issued photo ID
• c.By the oath of a credible witness who personally knows the subscribing witness✓
• d.The witness does not need to be identified

The subscribing witness is identified solely by the oath of a credible witness who personally knows the subscribing witness and is known to the notary. The subscribing witness cannot be identified by an ID card in this act.CA Civil Code §1197

For which type of document may a proof of execution by a subscribing witness NOT be used in California?

• a.A grant deed, quitclaim deed, deed of trust, or other document affecting real property (and powers of attorney)✓
• b.A simple letter
• c.A school permission slip
• d.A general business memo

California prohibits proof of execution for documents that create, transfer, or encumber real property—such as grant deeds, quitclaim deeds, and deeds of trust—and for powers of attorney. These sensitive documents require the principal's personal appearance.CA Civil Code §1195

Which document may a California notary lawfully certify a copy of?

• a.A birth certificate
• b.A marriage license
• c.A high school diploma
• d.A power of attorney✓

A California notary may certify a copy of a power of attorney under Probate Code §4307, and may certify a copy of the notary's own journal entries when ordered. Notaries may not certify copies of vital or public records.CA Probate Code §4307

May a California notary certify a copy of a birth, death, or marriage certificate?

• a.Yes, for a fee
• b.No; those are public vital records that only the issuing agency can certify✓
• c.Yes, with two witnesses
• d.Yes, if the original is present

Notaries may not certify copies of vital records—only the official custodian (such as the county recorder or vital records office) may do so. A notary's copy-certification power is limited to a power of attorney and the notary's own journal.CA Government Code §8205

When a signer executes a document with a mark (such as an X) instead of a signature, what does California require?

• a.Nothing extra
• b.The notary signs for the person
• c.Two witnesses: the signer makes the mark, one witness writes the signer's name near the mark, and both witnesses sign the notary journal✓
• d.The document must be rejected

For a signature by mark, the signer makes the mark, one witness writes the signer's name beside it, and a second witness observes. Both witnesses also sign the notary's journal, allowing a person who cannot write to execute a document.CA Civil Code §14

How may a credible witness be used in an acknowledgment?

• a.To sign the document for the principal
• b.To notarize the document
• c.To pay the notary fee
• d.To identify a signer who lacks ID, by swearing under oath that they personally know the signer✓

A credible witness who personally knows the signer can, under oath, establish the signer's identity when the signer lacks acceptable ID. The credible witness must themselves be identified and must have no financial interest in the document.CA Civil Code §1185

What should a notary do when presented with a document that has blank spaces to be filled in later?

• a.Refuse to notarize until the blanks are completed or the signer strikes them out✓
• b.Notarize it and fill in the blanks later
• c.Sign as a witness instead
• d.Ignore the blanks

A notary should decline to notarize a document that is obviously incomplete, because open blanks invite later fraud. The signer must complete or line through the blanks before the notarization proceeds.CA Government Code §8214.1

May a notary notarize a signature if the signer is not physically present at the time of the notarization?

• a.Yes, if the notary knows the signer
• b.No; the signer must personally appear before the notary✓
• c.Yes, by phone
• d.Yes, if a family member brings the document

Personal appearance of the signer is mandatory for every California notarial act. The notary cannot notarize a signature based on a phone call, video (except under specific online-notarization law), or a document dropped off by someone else.CA Civil Code §1185

What should a notary do if the signer appears confused, heavily medicated, or unable to understand the transaction?

• a.Notarize quickly
• b.Have a family member sign instead
• c.Decline to notarize because the signer may lack the capacity or willingness to sign✓
• d.Call the police

If the signer does not appear to understand the act or seems to be signing unwillingly, the notary should refuse. The notary must be satisfied the signer is aware and acting of their own free will.CA Government Code §8214.1

When administering an oath, what is a common and proper practice?

• a.Having the person sign twice
• b.Reading the whole document aloud
• c.Requiring a second notary
• d.Asking the person to raise their right hand and affirmatively respond to the oath✓

The notary typically asks the person to raise their right hand and to respond affirmatively (e.g., 'I do') to a spoken oath or affirmation. There must be an unequivocal act by which the person consciously takes the oath.CA Code of Civil Procedure §2093

An acknowledgment certificate must include a venue showing what?

• a.The state and county where the acknowledgment took place✓
• b.The signer's home address
• c.The notary's Social Security number
• d.The date the document was drafted

The acknowledgment certificate's venue states the state and county where the notary performed the act. This shows where the notarization occurred, which must be within California.CA Civil Code §1189

Who is responsible for telling the notary which type of notarial act is needed on a document?

• a.The notary decides
• b.The signer (or the document itself), because the notary cannot choose the certificate for the signer✓
• c.The county clerk
• d.The Secretary of State

The signer must tell the notary what act is required, because selecting the certificate could constitute the unauthorized practice of law. If the document has no certificate, the notary asks the signer which act they need.CA Government Code §8202

May a California notary certify a copy of the notary's own journal entries?

• a.Never
• b.Only for the signer
• c.Yes, when requested by the Secretary of State or in response to a subpoena or court order✓
• d.Yes, for anyone who pays

A notary may provide a certified copy of a line item from the journal upon receiving a subpoena, court order, or a request from the Secretary of State or a peace officer. This preserves the journal's integrity as a public-interest record.CA Government Code §8205

May a notary notarize a document written in a language the notary cannot read?

• a.No, never
• b.Only if translated first
• c.Only for acknowledgments
• d.Yes, provided the notary can directly communicate with the signer and complete an English-language certificate✓

A notary may notarize a foreign-language document because the notary certifies the signature and identity, not the contents. However, the notary must be able to communicate directly with the signer and should attach a notarial certificate in a language the notary understands.CA Civil Code §1185

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

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

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

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

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 for real property
• c.Only if the signer requests it
• d.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✓

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.Refuse to perform the notarization✓
• b.Notarize it and warn the signer
• c.Complete it but omit the seal
• 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 notary drafted the document
• b.That the fee has been paid
• c.That the certificate verifies only the identity of the signer, not the truthfulness or validity of the document✓
• d.That the signer is a U.S. citizen

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

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

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