CSLB General Building (B) — All Questions

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

• a.$10
• b.$15✓
• c.$25
• d.$50

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.$10
• b.$15✓
• c.$20
• d.$40

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

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

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

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

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

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

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

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

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