CSLB General Building (B) — All Questions

What is the required amount of a California notary public's official bond?

• a.$10,000
• b.$15,000✓
• c.$25,000
• d.$100,000

California Government Code §8212 requires every notary to file a $15,000 bond. The bond protects members of the public who are harmed by the notary's misconduct, not the notary personally. A notary who is sued on the bond must reimburse the surety.CA Government Code §8212

How long is a California notary public commission valid before it must be renewed?

• a.1 year
• b.2 years
• c.4 years✓
• d.6 years

Under Government Code §8204 a commission runs for four years from its effective date. The commission is not automatically renewed; the notary must reapply, retake the exam, and pass a background check before the term expires.CA Government Code §8204

Which of the following is a basic qualification to become a California notary public?

• a.Be at least 18 years old and a legal California resident✓
• b.Hold a college degree in law
• c.Be a U.S. citizen
• d.Own real property in California

Government Code §8201 requires an applicant to be at least 18 and a legal resident of California. Citizenship and property ownership are not required, but the applicant must complete an approved course and pass the state exam.CA Government Code §8201

Within how many days of the commission's start date must a new notary file the oath of office and bond with the county clerk?

• a.15 days
• b.30 days✓
• c.45 days
• d.60 days

Government Code §8213 requires the oath and bond to be filed with the county clerk within 30 calendar days of the beginning of the commission term. Missing this deadline voids the commission, and the person cannot act as a notary until properly commissioned.CA Government Code §8213

Where must a California notary file the required oath of office and bond?

• a.With the Secretary of State
• b.With the local police department
• c.With the county clerk of the county where the notary maintains a principal place of business✓
• d.With the county recorder only

Government Code §8213 directs the notary to file the oath and bond with the county clerk in the county of the notary's principal place of business. The clerk keeps the oath and forwards the bond to the county recorder for recording.CA Government Code §8213

Before taking the state exam, a first-time California notary applicant must complete an approved education course of at least how many hours?

• a.1 hour
• b.2 hours
• c.3 hours
• d.6 hours✓

First-time applicants must complete a six-hour approved course; those renewing a commission may take a three-hour refresher course. The course covers the laws, duties, and responsibilities of the office before the applicant sits for the Secretary of State exam.CA Government Code §8201

Over what geographic area may a commissioned California notary perform notarial acts?

• a.Only the county where the notary lives
• b.Anywhere within the State of California✓
• c.Anywhere in the United States
• d.Only the county where the bond was filed

A California notary is a statewide officer and may perform acts anywhere within California, regardless of where the signer or property is located. However, the notary may not act outside the state's borders.CA Government Code §8200

May a California notary notarize a document while physically located in another state?

• a.No, a California notary's authority ends at the state line✓
• b.Yes, in any of the 50 states
• c.Yes, but only in a neighboring state
• d.Yes, if the document will be used in California

A California commission grants authority only within California's borders. Performing a notarial act while physically outside the state is beyond the notary's jurisdiction, even if the document is bound for California.CA Government Code §8200

How must a California notary report a change of business or residence address to the Secretary of State?

• a.By phone within 90 days
• b.By email at any time
• c.By certified mail or another method authorized by the Secretary of State within 30 days✓
• d.No notice is required

Government Code §8213.5 requires written notice of an address change by certified mail (or another authorized method) within 30 days. Failure to notify the Secretary of State may result in a civil penalty of up to $500.CA Government Code §8213.5

When a notary legally changes his or her name, what must the notary do to continue notarizing under the new name?

• a.Nothing, the old name may still be used
• b.Simply cross out the old name on the seal
• c.Wait until the commission expires
• d.Apply to the Secretary of State for an amended commission and file a new oath and bond amendment✓

A name change requires the notary to apply for an amended commission bearing the new name and to file the appropriate oath/bond amendment before using the new name. Until the amended commission issues, the notary must continue signing with the name shown on the current commission.CA Government Code §8213.6

May a California notary notarize his or her own signature?

• a.No, a notary can never notarize his or her own signature✓
• b.Yes, if the notary is a party to the document
• c.Yes, if a witness is present
• d.Yes, for real property documents only

A notary may never notarize their own signature because the notary cannot impartially verify their own identity and act. Doing so is a prohibited act that can lead to discipline and revocation of the commission.CA Government Code §8214.1

When is a California notary prohibited from performing a notarial act because of a beneficial interest?

• a.Whenever the signer is a stranger
• b.When the notary is named in the document or will gain financially from the transaction beyond the notary fee✓
• c.Only when the document is a will
• d.There is no such restriction

Government Code §8224 bars a notary from acting when the notary is a party to the transaction or has a direct financial or beneficial interest, beyond the ordinary notary fee. The ordinary fee itself is not a disqualifying interest.CA Government Code §8224

Which of the following can be grounds for the Secretary of State to deny or revoke a notary commission?

• a.Speaking a second language
• b.Charging the maximum lawful fee
• c.Conviction of a felony or of a crime involving dishonesty or moral turpitude✓
• d.Living in a rural county

A felony conviction, or a conviction involving dishonesty or moral turpitude, is a statutory ground for denial or revocation under Government Code §8214.1. The Secretary of State also considers failure to disclose such convictions on the application.CA Government Code §8214.1

As part of the application process, what background step must a California notary applicant complete?

• a.A credit check
• b.A polygraph test
• c.A property title search
• d.Submission of fingerprints (Live Scan) for a background check✓

Applicants must submit fingerprints through Live Scan so the Department of Justice and FBI can perform a background check. The results help the Secretary of State determine whether the applicant is fit to hold a commission.CA Government Code §8201.1

The California notary examination is administered under the authority of which official?

• a.The Secretary of State✓
• b.The Attorney General
• c.The county sheriff
• d.The State Bar of California

The Secretary of State commissions notaries and is responsible for the proctored written examination. Passing this exam is a prerequisite to appointment.CA Government Code §8201

Whom does a California notary's bond protect?

• a.The notary personally against lawsuits
• b.Members of the public who suffer damage from the notary's improper acts✓
• c.The notary's employer
• d.The Secretary of State

The bond exists to compensate members of the public harmed by a notary's errors or misconduct, not to protect the notary. If the surety pays a claim, the notary must repay the surety in full.CA Government Code §8212

How many hours of approved education must a notary complete when renewing an existing commission?

• a.1 hour
• b.2 hours
• c.3 hours✓
• d.6 hours

A person renewing a commission may take a three-hour approved refresher course, while first-time applicants must take six hours. Renewal applicants must still pass the state examination.CA Government Code §8201

Who appoints and commissions notaries public in California?

• a.The Governor
• b.The county board of supervisors
• c.The State Bar
• d.The Secretary of State✓

Government Code §8200 vests the power to appoint and commission notaries in the Secretary of State. The office also handles discipline, records, and oversight of California notaries.CA Government Code §8200

What civil penalty may apply to a notary who fails to notify the Secretary of State of an address change within 30 days?

• a.Up to $500✓
• b.Up to $50
• c.Up to $2,500
• d.No penalty applies

Government Code §8213.5 authorizes a civil penalty of up to $500 for failing to report an address change within 30 days by certified mail or another approved method. Keeping current contact information is a continuing duty of the commission.CA Government Code §8213.5

Which residency status is required for a California notary applicant?

• a.U.S. citizenship
• b.Legal residency in the State of California✓
• c.Residency in the applicant's county for 10 years
• d.Ownership of a California business

The applicant must be a legal California resident; U.S. citizenship is not required. The residency requirement ties the notary to California's jurisdiction, where the commission is valid.CA Government Code §8201

If an employer pays for a notary's commission, seal, and journal, who owns the journal?

• a.The employer
• b.The county clerk
• c.The notary, who must keep and control the journal personally✓
• d.The Secretary of State

Regardless of who pays the costs, the notary personally owns and controls the sequential journal and seal. The employer may not keep the journal, and the notary must take the journal upon leaving the job.CA Government Code §8206

When a notary resigns, is disqualified, or the commission ends, what must be done with the notary journal?

• a.Give it to the employer
• b.Destroy it immediately
• c.Mail it to the FBI
• d.Deliver all journals to the county clerk within 30 days✓

Government Code §8209 requires the notary (or the personal representative if the notary dies) to deliver all journals to the county clerk within 30 days of resignation, revocation, or expiration. The seal must be destroyed so it cannot be misused.CA Government Code §8209

May a California notary lawfully refuse to perform a requested notarization?

• a.Yes, when there is a lawful reason such as improper identification or suspected fraud✓
• b.No, a notary must always notarize on request
• c.Only if the signer is a minor
• d.Only with the employer's permission

A notary may—and sometimes must—refuse when a lawful ground exists, such as lack of satisfactory identification, an incomplete document, an absent signer, or reasonable suspicion of fraud or incompetence. A notary may not, however, refuse service on unlawful discriminatory grounds.CA Government Code §8214.1

A non-attorney notary who advertises notarial services in a language other than English must do what?

• a.Nothing special
• b.Post a notice of fees and a statement that the notary is not an attorney and cannot give legal advice✓
• c.Advertise as a 'notario publico'
• d.Translate the ad into English only

Government Code §8219.5 requires a non-attorney notary who advertises in another language to post a schedule of fees and a conspicuous notice that the notary is not an attorney and cannot give legal advice about immigration or other matters. The notary is also barred from literally translating 'notary public' into 'notario publico.'CA Government Code §8219.5

May a California notary advise a signer on which type of notarial certificate to attach or on the legal effect of a document?

• a.Yes, that is part of the job
• b.Yes, if the notary is careful
• c.No—unless the notary is a licensed attorney, doing so is unauthorized practice of law✓
• d.Only for real property documents

A non-attorney notary who selects the certificate or explains the legal effect of a document engages in the unauthorized practice of law. The notary must ask the signer what type of act is needed and may not counsel the signer on legal matters.CA Government Code §8214.1

When does a California notary's commission become effective?

• a.On the date fingerprints are submitted
• b.On the date the exam is passed
• c.On the date the application is mailed
• d.On the commencement date printed on the commission, provided the oath and bond are timely filed✓

The commission is effective on the commencement date printed on it, but only if the notary files the oath and bond with the county clerk within 30 days. A notary may not perform any act before that date or before filing.CA Government Code §8204

Which of the following may cause the Secretary of State to refuse to appoint or to revoke a notary commission?

• a.Failure to fully disclose material facts on the application✓
• b.Charging a lawful fee
• c.Notarizing in a distant county
• d.Owning a personal journal

Providing false information or failing to disclose material facts, such as prior convictions, on the application is a ground for denial or revocation under Government Code §8214.1. Honesty on the application is a continuing condition of the commission.CA Government Code §8214.1

How many active sequential journals may a California notary keep at one time?

• a.As many as desired
• b.Only one active journal at a time✓
• c.Two, one for each type of act
• d.One per employer

A notary may keep only one active sequential journal at a time (a notary may retain a separate active journal solely for confidential transactions in limited circumstances, but generally just one). This ensures a single, continuous chronological record of all official acts.CA Government Code §8206