California Notary Public — All Questions

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

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

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.4 years✓
• b.1 year
• c.6 years
• d.2 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.Own real property in California
• b.Hold a college degree in law
• c.Be at least 18 years old and a legal California resident✓
• d.Be a U.S. citizen

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.60 days
• b.30 days✓
• c.15 days
• d.45 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 county recorder only
• b.With the county clerk of the county where the notary maintains a principal place of business✓
• c.With the Secretary of State
• d.With the local police department

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

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

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, if the document will be used in California
• d.Yes, but only in a neighboring state

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

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.Simply cross out the old name on the seal
• b.Wait until the commission expires
• c.Nothing, the old name may still be used
• 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, for real property documents only
• d.Yes, if a witness is present

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.There is no such restriction
• d.Only when the document is a will

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

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

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

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.3 hours✓
• b.1 hour
• c.6 hours
• d.2 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 Secretary of State✓
• b.The county board of supervisors
• c.The State Bar
• d.The Governor

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

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.Residency in the applicant's county for 10 years
• b.Legal residency in the State of California✓
• c.U.S. citizenship
• 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 notary, who must keep and control the journal personally✓
• b.The employer
• c.The county clerk
• 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.Destroy it immediately
• b.Deliver all journals to the county clerk within 30 days✓
• c.Mail it to the FBI
• d.Give it to the employer

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

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

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

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

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

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

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

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

• a.That the signer executed the document and is the person named in it✓
• b.That the contents of the document are true
• c.That the signer swears under oath
• 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 certificate that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the document✓
• b.A power of attorney
• c.A copy certification
• d.A record of a real estate closing

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

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.Jurat✓
• b.Acknowledgment
• 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, unless the document is a deed
• b.No; the signer may have signed earlier and simply acknowledges the signature before the notary✓
• c.Yes, always
• 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 proof of execution
• c.A copy certification
• 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.There is no legal difference in wording or effect—they are identical statements
• b.An affirmation is not legally binding
• c.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✓
• d.An oath is only for court

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

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

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

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

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, with two witnesses
• b.No; those are public vital records that only the issuing agency can certify✓
• c.Yes, for a fee
• 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.The notary signs for the person
• b.The document must be rejected
• 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.Nothing extra

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 pay the notary fee
• c.To notarize the document
• 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.Ignore the blanks
• c.Sign as a witness instead
• d.Notarize it and fill in the blanks later

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

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.Decline to notarize because the signer may lack the capacity or willingness to sign✓
• c.Have a family member sign instead
• 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.Reading the whole document aloud
• b.Requiring a second notary
• c.Asking the person to raise their right hand and affirmatively respond to the oath✓
• d.Having the person sign twice

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 date the document was drafted
• c.The notary's Social Security number
• d.The signer's home address

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

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

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

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