2015 california notary public course and exam questions

ALLIANCESCHOOL.com

(Secretary of State Education Vendor ID: 603272) **********

6 HOUR NOTARY PUBLIC ONLINE COURSE 2015 ***************

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This course is the property of Alliance School and available for fulfillment of the education requirement only to the student who has purchased it. The payment for the course is not refundable.

Table of Contents: Description

Page Number

Lesson 1: NOTARY PUBLIC DEFINED A) Qualifications……………………………………………………..………..…………… 3 B) Terms and Jurisdiction…………………………………………….……......……… 6 C) Lesson 1 Quiz……………………………………………………………….…………… 7 Lesson 2: NOTARIAL ACTS A) Acknowledgment…………………..…………………….……………………...….. 9 B) Jurat…………………………………………………………..……….………………..…12 C) Oaths or Affirmations…………...…………………….…………..…………..….. 14 D) Protests…………………………………………………….………….……………….... 14 E) Certification of Certain Documents………………….….….…………………. 15 F) Other Duties of A Notary Public………………………..…………….…..…… 16 G) Foreign Language Documents………………………...…………………………. 17 H) Notaries Public Employed by Public Agencies……………………..……….17 I) Lesson 2 Quiz………………………………………………………………………….. 19 Lesson 3: SUBSCRIBING WITNESS & SIGNATURE BY MARK A) Subscribing Witness…………………..……………………………………...………. 21 B) Signature by Mark……………………………………………………………..….….. 24 C) Lesson 3 Quiz……….…………………………………………………...…….……..… 26 Lesson 4: NOTARY FEES…………………………………………………………….……………….….….… 28 Lesson 4 Quiz……………………………………………………….…...…………….…....29 Lesson 5: NOTARY JOURNAL……………………………………………………….…………….….…... 31 Lesson 5 Quiz………………………………………………………….…………….……….33 Lesson 6: NOTARY SEAL………………………………………………..…………………….……………... 35 Lesson 6 Quiz………………………………………………………………….……….…....37 Lesson 7: PROHIBITED ACTS A) The Practice of Law…………………………………………………...……………. 39 B) Willful Misrepresentation…………………………………….………...………….40 C) Conflict of Interest………………………………………………..……….…….….. 40 D) Illegal Advertising………………………………………………..….….…..……….41 E) Lesson 7 Quiz………………………………………………...……..………….…….. 43 Lesson 8: CHANGES TO NOTARY STATUS A) Change of Address……………………………………………..…………………….. 45 B) Name Change………………………………………………………………………..… 45 Lesson 8 Quiz……………………….………………………………..…………………..….47 Lesson 9: PENALTIES…………………………………………………………………..…………………..….. 48 Lesson 9 Quiz………………………………………………………..…………………….…49 Lesson 10: DEFINITIONS AND DESCRIPTIONS……………….………………………….……..… 50 Lesson 10 Quiz………………………………………………..……..………………….… 52 APPENDIX I Key to Quizzes………………………………………………………..…………….………. 54 Final Exam…………………………………………………………………..…………..……55

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LESSON 1: NOTARY PUBLIC DEFINED A notary public is appointed by the California Secretary of State to act as an impartial witness in performing various services such as taking acknowledgements, jurats, administering oath or affirmations as well as other acts as authorized by law.

A) QUALIFICATIONS: Qualifications to become a notary public are as follows: 1) Legal residency in the State of California; 2) Being of age of 18 or older; 3) Satisfactory completion of a course of study approved by the Secretary of State; 4) Passing a written examination as prescribed by the Secretary of State; 5) Passing a background check.

To determine if a person meets the requirements to become a notary, a completed application along with a 2”x2” color passport picture of the applicant are submitted to the Secretary of State through the examination administrators. The Secretary of State will then review the applicant’s credentials and background information in order to determine the applicant’s qualifications.

State law currently requires all applicants to be fingerprinted and go through a thorough background check in order to determine whether the applicant has committed any crimes that may disqualify him/her from becoming a notary public.

Illustrative Example: Jill has just moved to California from Arizona. She has been commissioned as a notary public in Arizona for the past 40 years. While she’s of legal age and is now a California resident, she cannot be a California notary public unless she completes the notary course of study approved by the Secretary of State and passes the notary exam and background check.

All applicants must disclose all prior convictions as well as arrests for which trials are pending. (Government Code section 8201.1) The Secretary of State may deny an applicant’s application to become a notary public on the following grounds: 1) Failure to disclose any convictions; 2) Conviction of a felony; 3) Conviction of a lesser disqualifying offense when less than 10 years have passed since the completion of probation.

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Some of the most common disqualifying convictions are as follows: -Accessory -Arson-related offenses -Assault -Auto theft -Battery -Burglary -Carrying a concealed weapon -Child molestation -Child pornography -Conspiracy -Discharge of a firearm in public or inhabited dwelling -Drugs, possession for sale and/or sale thereof -Embezzlement -Failure to comply with a court order -Failure to pay child support -Failure to return to confinement -False financial statements -False imprisonment -Forgery -Fraud -Fraudulent impersonation of a peace officer -Hit and run -Kidnapping and related offenses -Manslaughter -Pimping and pandering -Possession of an unregistered firearm -Practicing without a license when a license is required -Prostitution -Rape -Receipt of stolen property -Resisting or threatening a peace officer -Robbery -Solicitation -Statutory rape -Tax evasion -Terrorist threat -Theft -Threats to commit a crime involving death or great bodily injury -Violation of California Penal Code Section 487(a), such as theft of livestock

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Applicants found to be non-compliant with child or family support orders will be issued temporary term notary public commissions. Family code section 17520 calls for the potential suspension or revocation of a notary public who is found noncompliant.

When a recommendation is made to deny an application, the applicant has appeals rights through the administrative hearing process. The Secretary of State has set out procedures to appeal the Secretary’s denial of an applicant’s application and the right to request an administrative hearing in order to reconsider the Secretary’s decision.

Beginning July 1, 2005, all persons to be appointed as notaries public, are required to take a six-hour study course approved by the Secretary of State prior to appointment. A notary public who currently holds a valid California notary public commission and who has completed an approved six-hour course at least once will need to take and complete an approved three-hour refresher course. This would have to be done prior to reappointment as a notary public and the applicant applies for a new commission before his/her current commission expires; otherwise, the sixhour course requirement applies.

Courses of study are reviewed and approved by the Secretary of State and need to include all the material that a person applying for a notary public commission is expected to know in order to pass the exam. The Secretary makes available a list of approved vendors offering qualifying courses for this purpose.

Once a notary commission has been issued, a person has 30 calendar days from the beginning of the commission term to take, subscribe and file an oath of office and file a $15,000 surety bond with the office of the county clerk. The notary public commission only takes effect once the oath and bond are filed with the county clerk’s office. If the applicant fails to file the oath and bond with the county clerk within 30 days, a new commission will be required. No exceptions are made to this requirement for any reason, including but not limited to mail delays, etc.

A notary public bond in the amount of $15,000 is required to be filed by all notaries public in California. While this is done in order to provide a level of protection to the public, it’s designed only to provide a limited source of funds for paying claims against the notary public. Since the notary public is personally liable for any damages resulting out of errors, omissions or negligence, it is customary for notaries public to seek additional insurance protection in order to reduce the extent of potential personal exposure.

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Illustrative Examples: Bob has completed the notary examination and fulfilled the rest of the requirements for the notary public commission. While having a DUI on his record from 7 years ago will not automatically disqualify him from being a notary, if he fails to disclose this fact on his application, the Secretary of State may deny his application.

Joan who has been a notary for 8 years and has a commission that expires in three months, is required to still take the approved notary public course of study. If she has previously taken the 6 hour notary public course, she can now take the 3 hour refresher course in order to qualify for getting her new notary public commission.

Thomas passed his notary examination and received his notary commission which is dated January 1st. He has till January 31st to get a notary bond and file it with the County.

B) TERM AND JURISDICTION The term of a notary public commission is 4 years. A notary public commissioned in California is authorized to perform notarial duties anywhere within the State of California. This is correct despite the fact that in virtually all of the certificates the notary public is called on to complete, there will be a venue heading that will specify the name of the county where the signer personally appears before the notary public.

The venue heading needs to state “State of California” on the first line and then, the name of the county where the signer appears before the notary. (Government Code section 8202, Civil Code sections 1189 and 1195) A notary public may not use a commercial mail receiving agency or post office box as his or her principal place of business or residence unless the notary public provides the Secretary of State with a physical street address as the principal place of residence. (Government Code section 8213.5) Illustrative Example: Although John has filed his bond and taken the oath in Los Angeles County, he can notarize documents for his nephew in Fresno. At the same time, John needs to state County of Fresno on the notarized document since that’s where his nephew will appear before the John to sign the documents.

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C) LESSON 1: QUIZ 1) All of the following are qualifications to be a notary public, EXCEPT: a) Age of at least 18; b) California residency; c) Having never committed any crimes; d) Passing a written notary public examination.

2) Which factor(s) can potentially disqualify a person from becoming a notary: a) Having participated in a non-violent rally against the government; b) Failure to disclose that the applicant has a felony on her record; c) Having been found guilty of perjury 14 months ago; d) Both b and c.

3) If a notary public moves from one California county to another, the notary: a) Must file a change of address with the Secretary of State within 30 days; b) Must file a new oath and bond with the county clerk at the new county; c) Must notify all of his/her clients of the move within 30 days; d) All of the above.

4) What entity provides the notary 6 hour course of education: a) California Secretary of State; b) Federal Secretary of State; c) Approved course provider; d) Any state university.

5) What is the amount of notary bond required by the Secretary of State: a) $5,000 b) $10,000 c) $15,000 d) $20,000 6) What is the term of a notary public commission? a) 1 year; b) 2 years; c) 3 years; d) 4 years.

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7) What is the area in which a notary public can perform notarial acts? a) Within a 10-mile radius of his office b) Within the city limits of her city of residence; c) Within the county in which his oath and bond are filed; d) Anywhere within the State of California.

8) How long does a notary public have to file her oath and bond with the county recorder? a) 30 days b) 60 days c) 90 days d) 10 days 9) The following are the most common disqualifying convictions, EXCEPT: a) Failure to pay child support; b) Fraud; c) Traffic infraction; d) Tax evasion 10) Which of the following is a requirement before a person is commissioned as a notary public? a) Passing an oral examination; b) Attending an in-person notary training seminar; c) Passing a thorough background check; d) Appearing before the county clerk to take an oath.

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LESSON 2: NOTARIAL ACTS The following is a list of acts which a notary public is qualified to perform: 1) Acknowledgements 2) Jurats 3) Oaths and Affirmations 4) Protests (only notaries employed by a financial institution) 5) Certification of certain documents A) ACKNOWLEDGMENT The form most commonly used by notaries public is the certificate of acknowledgment.

An acknowledgment must be in the format prescribed by California Civil Code section 1189. Three important factors in an acknowledgment are: 1) Signer’s personal appearance before notary at time & place indicated; 2) Notary’s certifying as to the identity of signer; 3) Signer’s acknowledgment that he/she signed the document.

The notary’s journal must reflect that the notary established the identity of the signer based on satisfactory evidence. Satisfactory evidence can be established in one of the following three ways: 1) By signer presenting his/her identification document to the notary; 2) By the oath of one credible witness personally known to the notary; 3) By oath of two credible witnesses who prove their identity to the notary If satisfactory evidence has been established by using the identification document of the signer, the notary has to enter the signer’s identification information into his/her notary journal. This information will consist of the type of identification document, serial number and expiration (or issuance) date.

Any of the following identification documents which is current or has been issued within the past five years, and contains a photo and description of the person, has a serial or identification number and bears the person’s signature shall be valid for the purpose of establishing the signer’s identity: 1) A passport issued by the U.S. Department of State; 2) An identification card or driver’s licenses issued by the California DMV; Property of Alliance School www.AllianceSchool.com

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3) A driver’s license issued by other states or by Mexican or Canadian government agencies; 4) An identification card issued by other states; 5) An identification card issued by any branch of the U.S. Armed Forces; 6) A passport issued by a foreign government if it has been stamped by U.S. Immigration; 7) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison; 8) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city and/or county in California.

Illustrative Example: In order for Jorge to notarize a document for a notary customer of his who lives in Wyoming and is in California on business, the customer’s Wyoming identification card needs to be issued by the State of Wyoming. Since his customer does not have any California issued identification, an employee identification card issued by his employer, the County of Cheyenne, Wyoming, cannot be accepted by Jorge as identification for the purposes of notarization. However, if the customer were an employee of a California county or city, Jorge would be able to accept the customer’s county identification card issued by that California county.

If satisfactory evidence has been established by the oath of a credible witness personally known to the notary public, then the credible witness has to sign the notary public’s journal.

If satisfactory evidence has been established by the oaths of two credible witnesses who prove their identity to the notary, the notary’s journal must contain the signatures of the credible witnesses, types of identifying documents they each used along with their serials numbers and dates of issuance or expiration.

The certificate of acknowledgment must be complete at the time the notary signs it.

Illustrative Example: Betsy cannot simply place her seal on a document when she’s notarizing it through an acknowledgment. It needs to contain the certificate of acknowledgment when she signs it and places her seal on the document. A simple seal on the document is insufficient when notarizing a document.

If a notary completes an acknowledgment that contains a false statement known to the notary as false, the notary’s act is considered to be a crime and subject to criminal prosecution as well as a civil penalty not to exceed $10,000. In addition, the Property of Alliance School www.AllianceSchool.com

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notary public may be subject to administrative action as well as personal liability for damages caused as a result.

A notary may complete an acknowledgment required in another state or jurisdiction provided that the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations or certifications not allowed by California law.

California law requires that any acknowledgment taken within California shall be in the exact following form as prescribed by Civil Code section 1189 which also requires the addition of a legible disclaimer on top of the venue heading as follows: A notary public or other public officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California } County of _________ } On __________ before me, (name and title of officer), personally appeared _____________________________________________________________ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same is his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

If the wording on the forms that is presented to the notary public differs from the above, a loose certificate of acknowledgement with the statutory wording must be used as the Code now requires this exact wording. (Civil Code section 1189(a)) A notary public is authorized to take an acknowledgment anywhere within the State of California. Alternatively, any of the following elected or appointed officers can take an acknowledgment within the California city or county in which they were elected or appointed: Property of Alliance School www.AllianceSchool.com

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1) A clerk of a superior court; 2) A county clerk; 3) A court commissioner; 4) A retired judge of a municipal or justice court; 5) A district attorney; 6) A clerk of a board of supervisors; 7) A city clerk; 8) A county counsel; 9) A city attorney; 10) Secretary of the Senate; 11) Chief clerk of the State Assembly.

Illustrative Example: A notary public can under no circumstances notarize a document the contents of which he knows to be false. Thus, if Ronald is aware that his boss is signing an untruthful affidavit about his business expenses, Ronald cannot notarize the affidavit. Note that in this example, although Ronald’s boss is the person making a false statement, Ronald can potentially be convicted of a crime and be fined up to $10,000 for notarizing the false document. Further, Ronald may even be held liable for damages caused as a result of this action.

B) JURAT The second most frequently used form which a notary public uses is the jurat. The distinctive characteristics of the jurat are as follows: 1) Signer’s personal appearance before notary at time and place indicated; 2) Notary’s certifying that signer signed the document in his/her presence; 3) Notary administering of oath or affirmation; 4) Notary’s certifying the identity of the signer.

Note that satisfactory evidence must be used for identifying the person(s) when executing a jurat. (Government Code section 8202) If the notary public executes a jurat and the statement sworn or subscribed to is contained in a document that includes the affiant’s birth date or age and a photograph or finger or thumb print of the person, the notary public must require the person to verify the birth date or age by showing a certified copy of the person’s birth certificate or an identification card or driver’s license issued by the Department of Motor Vehicles. (Government Code section 8230)

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Illustrative Example: If Vince and Mary Anne have both signed their loan documents which require a Jurat, their notary public, Robin cannot notarize the documents unless both Vince and Mary Anne have personally appeared before her and taken the oath administered by her. Further, Robin will need to verify Vince and Mary Anne’s identity and complete the Jurat certifying that they appeared before her, took the oath and signed the documents in front of her.

The following is the prescribed form for any jurat taken in California: A notary public or other public officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document.

State of California } County of __________ } Subscribed and sworn (or affirmed) before me on this _____ day of __________, 20___, by ___________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature

(Seal)

While there is no prescribed manner for administering the oath or specific wording, it is customary that both the notary and the signer raise their right hand and the notary would say: “Do you swear or affirm that the statements in this document are true?� In addition, a disclaimer as shown above is required to be legible and in an enclosed box at the top of the certificate above the venue statement (Government Code section 8202) It must be noted that by completing a jurat, the notary public is requiring the signer to affirm the truth regarding the contents of the document which the notary is notarizing. In contrast, in an acknowledgment, the notary does not require the signer to attest as to the contents of the document.

Moreover, in an acknowledgment, the signer acknowledges having signed the document being notarized, whereas in a jurat, the signer has to sign the document in the presence of the notary.

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Illustrative Example: Following the previous example, Vince and Mary Anne are affirming the truth regarding the documents since they are required to take the oath administered by Robin. If the lender required an acknowledgment instead of a Jurat, Vince and Mary Anne would not necessarily have to sign the documents in Robin’s presence, rather acknowledge having signed them. Further, if Robin were preparing an acknowledgment rather than a Jurat, Vince and Mary Anne would not be making any statements with regard to the content of the notarized documents.

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C) OATHS OR AFFIRMATIONS A notary is authorized to administer oaths or affirmation anywhere in California regardless of the county where the notary’s bond and oath are filed.

An oath, affirmation or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to the following question: “Do you solemnly state (under penalty of perjury) that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?” Illustrative Example: A notary can administer oaths to an affiant (the person who takes the oath) by having them answer positively to a question affirming the truth regarding the testimony, evidence or statement they are about to provide. The jurisdiction, court or other party requesting the administration of the oath may provide the notary with a prescribed wording for its own specific purpose.

D) PROTESTS A notary public who works for a financial institution can file a protest a bill of exchange or promissory note for non-acceptance or non-payment. A protest is a written statement by the notary attesting to the fact that no payment was received for the bill or note. When the notary public files a protest, he/she signs and places his/her official seal specifying the following evidence of facts: 1) The time and place of presentment; 2) The fact that presentment was made and the manner in which it was made; 3) The cause or reason for protesting the bill; 4) The demand made and answer given, or the fact that the drawee or acceptor could not be found.

Only notaries public employed by a financial institution, during the course and scope of their employment with the financial institution are authorized to demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, or to protest for nonacceptance or nonpayment.

Illustrative Example: Anna has been trying to collect on a promissory note for the past 5 years. The note has not been honored by the issuer. Anna goes to Jon who is a notary public for Chase Bank to have Jon issue a notary protest. Anna issues the following statement which contains all of the required components of a notary protest: 15 Property of Alliance School www.AllianceSchool.com

On June 12, 20xx, I Anna Ortega presented promissory note 123 to its issuer, ABC Company in the form of a written request demanding payment. My request was not honored. The maker of the promissory note could not be found and my request was returned to sender.

Under the penalty of perjury and the laws of the State of California, I hereby certify that the above statement is true to the best of my knowledge. Signed on this 26th day of July 20xx.

(Signed: Anna Ortega) _________________________ Anna Ortega

State of California } County of __________ } On July 26, 20xx, before me Jon Schlessinger, Notary Public, personally appeared Anna Ortega who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person executed the instrument.

WITNESS my hand and official seal, E) CERTIFICATION OF CERTAIN DOCUMENTS A notary public can certify copies of powers of attorney. As long as the certified copy has the proper notarial wording, the certified copy of the power of attorney has the same effect as the original. While California law does not prescribe a format for such certification, a suggested format is shown below: State of California } County of ___________ } I ________________________, notary public, certify that on __(date)_______, I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney.

(Notary Public Signature)

(Notary Public Seal)

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Certified copies of any other documents, such as birth, death and marriage records can only be made by the office which originally issued the document. A notary may also certify copies of his/her own notarial journal.

Illustrative Example: Heidi has been told that she needs to present a certified copy of her birth certificate on her candidate application to run for County Commissioner. Heidi goes to her friend, Jolene who is a notary public and takes her birth certificate to have Jolene prepare a certified copy.

Jolene cannot certify a copy of Heidi’s birth certificate, since by law, a notary public can only certify copies of powers of attorney or her own notary journal. Jolene further recommends that Heidi go to the agency that issued her original birth certificate to obtain a certified copy. In the alternative, Heidi can prepare a written statement certifying the authenticity of the photocopy of the original document and have Jolene notarize Heidi’s statement. Note that in this case, Heidi acting as the custodian of the original document is making a statement about it, NOT the notary. A notary CANNOT certify copies of birth certificates or vital records.

F – OTHER DUTIES OF A NOTARY PUBLIC A notary public who is interested in obtaining authorization to issue confidential marriage licenses may apply for approval to the county clerk in the county in which the notary resides.

It is also the duty of a notary public, when asked to demand acceptance and payment of foreign and inland bills of exchange, or promissory notes and to protest them for non-acceptance and/or non-payment or exercise any other powers and duties that the law of nations or states may be performed by notaries.

Upon written notice by the Secretary of State, a notary public must furnish the Secretary of State, within the time specified by the Secretary of State, certified copies of the notary’s journal or respond to other written requests relating to official acts performed. (Government Code section 8205(b)(1) If a notary public has an agreement with his or her private employer, the employer can limit the notary public’s duties during the ordinary course of employment (Government Code sections 8207.7 and 8202.8) Illustrative Example: Spencer goes to Helen who is a notary public and requests a copy of a line item in Helen’s notary journal for a notarization that Helen did for Spencer 6 months ago. Helen should make a copy of the notary journal entry and while taking care not to release any confidential Property of Alliance School www.AllianceSchool.com

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information to third parties by blocking out confidential information, provide a copy of that specific notary journal line item to Spencer.

G – FOREIGN LANGUAGE DOCUMENTS A notary public is allowed to notarize a foreign language document. This is the case even if the notary is not familiar with the foreign language in which the document is written. The document still needs to be complete and the notary will need to determine what type of document it is for his/her notary journal entry. If unable to determine what type of document it is, the notary can refer to it as “document in a foreign language”.

One must keep in mind that the notarial wording for a jurat or an acknowledgment is required in all cases.

The law requires that the notary be able to communicate with the signer in order to take an acknowledgment or swear to or affirm the contents of the document. If the notary is unable to communicate with the signer, the signer must be referred to a notary public who can communicate with the signer. A translator CANNOT be used for the purpose of administering the acknowledgment or jurat.

Illustrative Example: Vladimir is a recent immigrant from Belarus. He has brought to Thomas, a notary public, a document granting his brother authority to sell his car in Belarus. The document is written in a foreign language that Thomas cannot understand. Vladimir’s knowledge of English is limited and he has brought his son who speaks fluent English to translate for him. Thomas cannot notarize the document unless he can directly communicate with Vladimir to swear as to the truth of the contents of the statement so that he can prepare a Jurat. Further, Thomas has to be certain that the foreign language document is complete before he can notarize it.

At the same time, Thomas does not need to be able to understand the contents of the document.

H – NOTARIES PUBLIC EMPLOYED BY PUBLIC AGENCIES From time to time, the Secretary of State may appoint and commission a number of state, county, city and public school district employees as notaries public to act for an on behalf of the entity for which they work. When this is the case, a duly authorized representative of the employing agency shall execute a certificate that the appointment is made for the purposes of the employing agency, and whenever the certificate is filed with any state or county officer, no fees shall be charged by the officer for the filing or issuance of any document in connection with this appointment. The public agency may pay from any funds available for its support, Property of Alliance School www.AllianceSchool.com

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the premiums or other costs required in connection with the appointment, commission or the performance of the notary public’s duties. Any fees collected by the notary public whose documents have been filed without charge and for whom bond premiums have been paid by the employing public agency, shall be remitted by the notary public to the agency and the agency in turn shall deposit the funds to the credit of the fund from which the salary of the notary public is paid. (Government Code section 8202.5) Illustrative Example: Paul is an employee in the Los Angeles County Office of the Assessor. His manager informs him that the County would like for him to become a notary public. The County will pay for paul’s exam preparation course and notary accessories. Any funds which Paul collects for notarizing documents on behalf of the County Assessor will have to be turned over to Paul’s manager and in turn, deposited to the fund from which Paul’s salary is paid.

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I) LESSON 2: QUIZ 1) Which of the following is an act that a notary public CANNOT perform? a) Administer the oath of office for an elected official; b) Take a deposition at a hearing; c) Take an acknowledgment on a grant deed; d) Defend a client in court who has been accused of a felony.

2) Which of the following factors is a requirement when taking an acknowledgment? a) The signer has to appear before the notary public; b) The signer has to sign the document in front of the notary public; c) The signer has to take an oath; d) The notary has to certify the document.

3) A notary public can certify the following document(s): a) A power of attorney and the notary’s own journal entries; b) Birth certificates issued by the county of Orange; c) A court order granting child support benefits to a claimant; d) A notary public bond and financial statements.

4) What is the difference between a Jurat and an Acknowledgment? a) In a jurat, the signer makes a sworn statement; b) An acknowledgment requires the signer to appear before the notary; c) A jurat requires the signer to sign the document; d) In an acknowledgment, the signer makes a statement with regard to the content of the document.

5) Which of the following is an acceptable form of identification for notarial purposes? a) An inmate identification card issued by the Corrections Department for an inmate currently in custody in prison; b) A driver’s license issued by the government of France; c) A temporary travel card issued by the EU for domestic travel; d) A Mexican driver’s license which does not contain a picture of the bearer 6) Which of the following is a requirement when using a foreign passport as a form of identification for notarizing a document? a) That the holder also provide a copy of her foreign driver’s license; b) That the holder take an oath affirming his identity; c) A passport serial number; d) A passport serial number and a US immigration stamp in the passport.

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7) What is the meaning of satisfactory evidence for notarial purposes? a) The notary commission; b) The notary has to take an oath of office; c) A notary customer has to prove his identity by one of the prescribed methods; d) A notary has to complete an acknowledgment form.

8) A notary public cannot notarize a deed of trust if the field for property address is not filled out: a) True b) False 9) All of the following are the facts that a notary pubic who works for a financial institution has to specify when filing a protest for a promissory note, EXCEPT: a) Time and place of presentment; b) The manner in which presentment was made; c) Alternative methods for collecting payment on the note; d) The reason for protesting the bill.

10) Under which circumstance, can a notary public notarize a foreign document: a) Only if the notary public understands the contents of it; b) If the document is complete; c) If the notary can determine what type of document it is; d) Both b and c.

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LESSON 3 – SUBSCRIBING WITNESS & SIGNATURE BY MARK A) SUBSCRIBING WITNESS As a general rule, in the case of a jurat or an acknowledgment, the signer of the document being notarized has to appear before the notary public in order for the notary to notarize the document. An exception to this requirement is when a subscribing witness appears before the notary instead.

When the signer of a document does not personally appear before the notary public, another person can appear on the person’s behalf to prove that the signer signed the documents. That person is called the subscribing witness.

A subscribing witness cannot be used to prove execution of any document affecting real estate (except trustee’s deeds and deeds of reconveyance) or power of attorney or any other documents requiring a notary public to obtain a thumbprint in the notary public journal from the party signing the document.

The following are the requirements for proof of execution by a subscribing witness: 1) The subscribing witness must prove (state under oath) that the person who signed the document is the person described in the document; 2) The subscribing witness personally knows the signer; 3) The subscribing witness personally saw the signer sign the document or heard the signer acknowledge that he/she signed the document; 4) The subscribing witness must say, under oath, that he/she was requested by the signer to sign the document as a witness; 5) The oath of a credible witness is required to establish the identity of the subscribing witness. The credible witness has to know the subscribing witness and the notary must know the credible witness.

6) The subscribing witness has to sign the notary journal; 7) The credible witness has to also sign the notary journal and present identification to establish his/her identity to the notary; 8) The notary has to record the type of identification used, governmental agency issuing the identification document, its serial number and date of issuance or expiration of the credible witness in the notary journal.

Illustrative Example: Here is an illustration for notarizing documents utilizing a credible witness: Signer+Subscribing Witness(personally knows the signer) Æ Notary Signer+Credible Witness+Credible WitnessÆIdentificationÆNotary Property of Alliance School www.AllianceSchool.com

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The proof of execution by a subscribing witness certificate is modified to comply with all statutory requirements. In addition, a required disclaimer is also needed to be legible and placed in an enclosed box at the top of the certificate above the venue statement as shown below (Civil Code section 1195.) Any certificate for proof of execution taken within this state must be in the exact following form: A notary public or other public officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California } County of ____________

}

On ___(date)____, before me, (name and title of officer) , personally appeared ______(name of subscribing witness)__, proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of _____(name of credible witness)_, a credible witness who is known to me and provided a satisfactory identifying document. _______(name of subscribing witness)____ being by me duly sworn, said that he/she was present and saw/heard _____(name[s] of principal[s])____, the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of _____(name[s] of principal[s])____.

WITNESS my hand and official seal.

(Notary Public Signature)

(Notary Public Seal)

It is important to note that if a single credible witness is used as satisfactory evidence to establish the identity of a signer, the credible witness must know the signer personally and the credible witness must be known personally by the notary public, and must also prove his or her identity by satisfactory evidence (Civil Code section 1185(b)(1)) Further, if a single credible witness is used as satisfactory evidence to establish the identity of a signer, the credible witness must swear or affirm the following: 1) The individual appearing before the notary public as the signer of the document is the person named in the document.

2) The credible witness personally knows the signer; 3) The credible witness reasonably believes that the circumstances of the signer are such that is would be very difficult or impossible for the signer to obtain another form of identification; Property of Alliance School www.AllianceSchool.com

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4) The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; 5) The credible witness does not have a financial interest and is not named in the document. (Civil Code section 1185(b)(1)(A)) If two credible witnesses are used as satisfactory evidence to establish the identity of a signer, the credible witnesses must swear or affirm under penalty of perjury the following: 1) The individual appearing before the notary public as the signer of the document is the person named in the document; 2) The credible witness personally knows the signer; 3) The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification; 4) The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; 5) The credible witness does not have a financial interest and is not named in the document. (Civil Code section 1185(b)(2)) Illustrative Example: John Paulson needs to have his signature on a document notarized but cannot appear before a notary public because John is in the hospital. John asks a long time friend, Susan Smith, to visit the hospital and act as a subscribing witness. When Susan comes to the hospital, Susan must watch John sign the document. If John has signed the document prior to Susan’s arrival, John must state to Susan that he signed the document. Then John should ask Susan to sign the document as a subscribing witness, and Susan must do so.

Next, Susan must take the document to a notary public. Susan must bring a credible witness with her to the notary public. Susan chooses Samantha, a long time friend as a credible witness because Samantha has worked with Arturo Calderon, a notary public, for several years. As a result, Samantha can act as Susan’s credible witness.

Susan and Samantha appear together before Arturo. Arturo determines that Nancy personally knows Samantha and also examines Samantha’s California driver’s license to establish Samantha’s identity. Then Arturo puts Samantha under oath. Under oath, Samantha affirms that Samantha personally knows Susan, that Susan is the person who signed the document as a subscribing witness, and Samantha does not have a financial interest in the document signed by John and subscribed by Susan. Then Arturo puts Susan under oath. Under oath, Susan swears that she personally knows John, that John is the person described as a party in the document, that Susan watched John sign the document or Property of Alliance School www.AllianceSchool.com

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heard John acknowledge that he signed the document, that John asked Susan to sign the document as a subscribing witness and that Susan did so.

Susan signs Arturo’s notary journal as a subscribing witness. Samantha must sign Arturo’s notary journal as a credible witness, or Arturo must record in his notary journal the type of identification document Samantha presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document.

Arturo completes his notary journal entry. Arturo then completes a Proof of Execution Certificate and attaches the Proof of Execution Certificate to the document. Susan can now take the notarized document back to John.

B) SIGNATURE BY MARK There are rare instances where the signer of a document cannot write. In such cases, the notary may notarize the document only if the following requirements are met: 1) The signer must establish his/her identity by satisfactory evidence; 2) The signer’s mark must be witnessed by two witnesses who must sign their own names as witnesses to the document; 3) One of the witnesses should write the signer’s name next to the signer’s signature; 4) If the witnesses are only acting in the capacity of witnesses, the notary is not required to establish their identity by satisfactory evidence or have them sign the notary journal; 5) If the witnesses are also acting as credible witnesses in establishing the identity of the signer, they must also sign the notary journal 6) The signer must also include his/her mark in the notary journal. This has to be witnessed by an individual who must write the person’s name next to the mark and also sign the journal himself/herself as the witness.

Illustrative Example: Arturo is a notary public and receives William, a client who cannot read or write. In order for Arturo to be able to notarize a document that William is signing by a mark, William needs to bring in two credible witnesses who will sign their names as witnesses to the document after One of the witnesses will need to write William’s name next to his mark.

William will have to bring in his driver’s license to establish his identity. This is what the document will look like:

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C) LESSON 3: QUIZ 1) A person who proves that a signer of a document is the person described in the document to be notarized is a(n): a) Affiant; b) Impartial witness; c) Subscribing witness; d) Co-signer.

2) What is the requirement when using a credible witness to prove the identity of the signer? a) The credible witness has to be personally known to the notary; b) The credible witness has to testify as to the truth of the contents of the document; c) The notary has to take copy of the identification used by the credible witness; d) The credible witness has to be a resident of California.

3) What is the requirement when a subscribing witness is used to establish the identity of the signer of a document to be notarized? a) He has to sign the document; b) He has to know the notary public personally; c) He has to know the signer; d) Both a and c; e) All of the above.

4) Which of the following is required of a subscribing witness who is also acting as a credible witness? a) That she personally be known to the notary public; b) That she also sign the document to be notarized; c) That she witness the signer signing the document; d) All of the above.

5) When would the use of a subscribing witness be necessary? a) When the notary does not want to notarize a document; b) When the signer does not want to sign the document; c) When the signer cannot personally appear before the notary; d) When the signer personally appears before the notary.

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6) How can a subscribing witness prove that the signer signed the document? a) By making a statement to that effect under oath; b) By having the signer sign in front of the notary public; c) By filing a testimony with the Secretary of State; d) By filing a testimony with the County Recorder’s office.

7) If a document requiring notarization is signed by a person who cannot write or sign her name: a) She can never get the document notarized; b) She can get the document notarized by using a subscribing witness; c) She can request an exception to the rules from the Secretary of State; d) She has to sign it in front of the county clerk.

8) In the case of a signature by mark: a) The signer has to sign the notary journal; b) The signer has to use a subscribing witness; c) The notary has to establish the identity of the signer; d) All of the above.

9) If a signer cannot write or sign his name, he can: a) Sign by mark, as long as he’s over 70 years old; b) Sign by mark, as long as he’s trustworthy; c) Pay the notary an extra fee; d) Sign by mark, as long as it is witnessed by two witnesses.

10) How can a signer who cannot write or sign her name, prove her identity to the notary public for the purposes of having the document notarized? a) By swearing that she is who she says she is; b) By bringing in two subscribing witnesses who also act as credible witnesses; c) By having her spouse sign the document instead; d) By showing the notary a Canadian driver’s license that expired 10 years ago.

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LESSON 4 – NOTARY FEES A Fee charged by a notary public (even if it’s zero) needs to be entered in the notary journal. California law specifies the maximum fees that a notary public can charge for notary services.

Here is a breakdown of the maximum fees that a notary can charge. Keep in mind that a notary can decide not to charge a fee for his/her services.

1) $10 per signature taken: for an acknowledgment, jurat or proof of a deed, or other instrument; 2) $10 per signature taken: for administering an oath or affirmation and executing the jurat; 3) $20: for all services rendered in connection with taking a deposition; 4) $5: for administering the oath to a witness in a deposition; 5) $5: for the certificate of deposition; 6) $10: for certifying a copy of a power of attorney; 7) $0: for notarizing signatures on any voting materials; 8) $0: to a US military veteran for notarization of any documents regarding an application or claim for pension, allotment, allowance, compensation, insurance or any other veteran’s benefits.

9) $0: for services rendered within a military reservation.

10) $0: for notarizing documents or administering oaths related to claims against any county in California.

11) $0.30 per page: for photocopies of a notarial journal entry.

Illustrative Example: Tyrone notarizes a document for Mr. and Mrs. McKowski. Both their signatures are on the document. In addition, he provides a certified copy of his notarial journal entry for Mr. McKowski’s last notarization. The maximum Tyrone can charge for these services is $20.30. $10 per signature notarized and $.30 for the certification of the notarial entry. In addition, Tyrone must record in his journal the fee that he’s charged for each notarial act.

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LESSON 4: QUIZ 1) Who determines how much a notary public can charge for her services? a) The California Attorney General; b) The County clerk; c) The U.S. Secretary of State; d) The California Secretary of State.

2) What is the maximum fee that a notary public can charge for filing a protest? a) $5 b) None, unless he/she works for a financial institution c) $15 d) $20 3) What is the maximum fee that a notary public can charge for notarizing a document that has three signers? a) $30 b) $10 c) $5 d) $0 4) What is the maximum fee for serving a notice of protest? a) None b) $10 c) $15 d) $20 5) What is the maximum fee that a notary can charge a navy officer for notarizing her pension documents? a) $10 b) $5 c) $0 d) $15 6) If a notary public notarizes a document for her brother-in-law, she can charge her $3 for the document: a) True b) False

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7) If a notary public takes a deposition and then administers the oath to one witness as well as filing the certificate of deposition, what is the maximum fee that he can charge? a) $20 for taking the deposition, $5 for each of the other services; b) $10 for taking the deposition, $0 for the other services; c) $0; d) $40 for everything.

8) California law requires a notary public to turn over all of notary fees collected to her employer: a) True b) False 9) If a notary customer requests a copy of the notary journal entry for a document, how much can the notary public charge for this service: a) 0 b) A maximum of $10 c) A maximum of $.30 per page d) A maximum of $5 per page 10) When does a notary public have to perform notarial services for free? a) When she likes the customer; b) When she works frequently with the customer; c) When the customer is an attorney; d) When the customer is a U.S. military veteran signing insurance documents.

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LESSON 5 – NOTARY JOURNAL A notary public is required to keep only one active sequential journal of all notarial acts performed. The following items need to be reflected in the notary journal: 1) Date and time of each act; 2) Type of act performed such as acknowledgment or jurat; 3) Type of document being notarized, such as grant deed or personal affidavit; 4) Signature of EACH person whose signature is being notarized; 5) Type of satisfactory evidence (proof of identity) shown to notary: a) Paper identification: journal shall reflect type of ID used, its serial number, date of issuance or expiration; b) Single credible witness known to the notary: signature of the witness; c) Two credible witnesses who prove their identity to the notary: signatures of both witnesses along with type of ID used, its serial number, date of issuance or expiration 6) The amount of fee charged for the service; 7) Right thumbprint of the signer, if the document being notarized is a power of attorney or any document affecting real property, except for trustee’s deeds relating to judicial or nonjudicial foreclosures and reconveyance deeds. (Government Code section 8206) The notary journal must be kept in a safe place and be locked in a secured area, under the direct and exclusive control of the notary public. (Government Code section 8206) This is done for the protection of all parties. If a journal is stolen, lost, misplaced, damaged or destroyed, the notary must immediately notify the Secretary of State by certified or registered mail. The notification to the Secretary of State must include the following: 1) Notary public’s name and commission number; 2) Notary commission’s expiration date; 3) Periods of journal entries contained in the journal; 4) A copy of the police report that lists the journal, if applicable.

The notary public must provide a photostatic copy of a line item from his or her journal when provided with a written request from any member of the public which includes the names of the parties, the type of document, and the month and year in which the document was notarized. (Government Code section 8206) In such a case, the notary must within 15 days of the request, furnish a copy of the requested journal entry at a charge of no more than 30 cents a page.

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The notary journal belongs to the notary public as his/her exclusive property and must not be surrendered to anyone including an employer upon termination of employment. This applies regardless of whether the employer paid for the journal.

The only exceptions to this rule are for the county clerk or a peace officer investigating a criminal offense who may have reasonable suspicion that the journal may contain evidence of criminal misconduct.

A notary public must surrender the journal to a peace officer acting in his or her official capacity immediately or as soon as possible if the journal is not present. If a notary public surrenders the notary journal to a peace officer, the notary public must obtain a receipt for the journal and notify the Secretary of State by certified mail within 10 days. (Government Code section 8206) Upon receipt of a subpoena or a court order, a notary shall provide the journal for examination and copying in his/her presence and may certify the copies if asked.

Once a notary commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the notary’s oath and bond are on file. This must be done within 30 days and a failure or refusal of a notary public to do so would constitute a misdemeanor. In addition, the notary may also be liable for damages caused as a result of the notary’s noncompliance with this requirement.

Illustrative Example: Julia has performed a Jurat on an affidavit of support for Bruce who is a good friend. Julia decides not to charge Bruce for this service. In addition, to recording the date of the notarization, Julia must record in her notary journal, the type of act performed, namely a Jurat, the type of document notarized, namely, “Affidavit of Support”, Bruce’s identification information including, type of identification used, the name of the government agency which issued it, its serial number and its expiration date. In addition, Julia will need to record the fee charged which is $0 in this case as well as have Bruce sign the notary journal entry. This is what Julia’s notary journal will look like:

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LESSON 5: QUIZ 1) Items that need to be reflected in the notary journal entry are all of the following, EXCEPT: a) Name and address of the customer; b) Type of identification used; c) Signature of customer; d) Fee charged for service.

2) If a credible witness is used to establish the identity of the signer, the notary must: a) Have the credible witness sign the document to be notarized; b) Have the credible witness take an oath before the county clerk; c) Have the credible witness sign the notary journal; d) Ask the credible witness to pay the notary fee.

3) Which of the following would NOT qualify as satisfactory evidence for the purposes of a notarial act? a) An acceptable form of identification document; b) A credible witness who personally knows the signer and notary; c) A subscribing witness who proves his identity to the notary; d) A photocopy of the signer’s driver’s license.

4) If a notary public’s notary journal is lost, how soon should the Secretary of State be notified of the loss? a) Within 30 days; b) Within 7 days; c) Immediately; d) Within 10 days.

5) If a member of the public requests a copy of a notary journal entry, what is NOT one of the necessary components that she should include in the request? a) The request must be in writing b) The person requesting it must sign it c) The request must include the approximate date of the entry d) The request must contain the names of the parties in the entry 6) To whom does a notary journal belong? a) Secretary of State b) Notary’s employer c) County clerk d) Notary Public himself

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7) To whom can a notary public surrender her notary journal, if requested? a) A peace officer having reason to believe that the journal can help in an investigation b) The notary public’s employer c) A court clerk needing to research a case d) An attorney reviewing real estate transaction records 8) How is the notary’s journal entry different for a deed of trust from other documents that a notary public may notarize? a) A right thumbprint is required b) A description of the subject property is required c) The signer has to sign the journal twice d) A subscribing witness is required 9) What should be done with a partially damaged notary journal after the notary’s commission has expired? a) It should be destroyed b) It should be kept safe under lock c) It should be sent to the county clerk’s office d) It should be sent to the Secretary of State 10) When requested by a court, how can a notary public provide access to his notary journal? a) He cannot provide access to his journal under any circumstances b) He can allow the court examine it in his presence c) He can mail the journal to the court to have copies made d) He may allow the court to make copies and send it back to him 11) If a notary journal is stolen, what items should the notary’s notification to the Secretary of State include? a) The notary public’s driver’s license number b) The notary public’s commission number c) A copy of a police report reflecting that the journal was stolen d) Both b and c

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LESSON 6 – NOTARY SEAL Every notary public is required to have a notary seal. California law specifies the requirements of the notary seal to include the following features: 1) Photographically reproducible; 2) State seal and the words “Notary Public”; 3) Name of notary public exactly as shown on his/her commission; 4) Name of county where oath of office and notary bond are on file; 5) Commission number and its expiration date; 6) Identification number of the seal manufacturer or vendor; 7) A circular seal is to be no larger than two inches in diameter 8) A rectangular seal is to be no larger than one inch in width and 1 ½ inches in length, with a serrated or milled edged border.

A notary public can only purchase seals from a manufacturer or vendor that has been authorized by the Secretary of State. The Secretary of State will issue a certificate of authorization which will be required to be provided by the notary public to the seal manufacturer before the notary seal can be manufactured. A vendor or manufacturer is authorized to provide a notary with an official seal only upon presentation by the notary public of the certificate of authorization.

(Government Code section 8207.3) The notary seal can only be used for rendering notarial services. The notary seal is to be kept in a safe, locked and secured location under the direct and exclusive control of the notary public. It is a misdemeanor for a notary public to willfully fail to keep his/her seal safe or to willfully give it to anyone not authorize to have it.

(Government Code section 8207) If the seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable, the notary public must immediately mail or deliver written notice to the Secretary of State. (Government Code section 8207.3(e)) The notary seal cannot be surrendered to another person even if this individual paid for the seal, except to a court by order of that court. (Government Code sections 8207 and 8214.8) The seal cannot be placed over signatures or any printed matter on the document being notarized. Further, county recorder’s offices may not accept documents with illegible or improperly placed seals. (Government Code sections 8202 and 8207; and Civil code sections 1189 and 1195)

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The only condition under which a notary public can authenticate an official act without using an official notary public seal is performing an acknowledgment for a California subdivision map certificate. In such a case, in lieu of the seal, the notary must write his/her name, county of principal place of business and the commission expiration date to be typed or printed below or next to the notary’s signature.

(Government Code section 66436(c)) The notary seal must be destroyed or defaced when the notary public’s commission is no longer valid (i.e., termination, resignation, or revocation). (Government Code section 8207) Illustrative Example: Below are examples of two types of California notary public seals:

Note that in both cases, the notary public’s name, commission number, county in which the notary oath has been taken, the commission expiration date, as well as the seal manufacturer’s identification number and the California state seal are visible. They are all required components of the notary public seal. (Illustrations are not to scale)

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LESSON 6: QUIZ 1) How many notary seals can a notary public have? a) Only one b) As many as she likes providing they are kept in a safe place c) Only two d) None 2) Which one of the following information is required to be included in the notary seal? a) The notary’s number of years in business b) The notary’s address c) The notary’s commission number d) The notary’s phone number 3) If a notary public willfully fails to protect the safety of his notary seal, he’s committing: a) Perjury b) An infraction c) A misdemeanor d) A felony 4) How big should a notary seal be? a) There are no size requirements b) At least 3 inches, if the seal is circular c) At most 2 inches, if the seal is circular d) At least 2 inches wide, if the seal is rectangular 5) All of the following would be visible on a notary seal, EXCEPT: a) The California state seal b) The name of the county in which the notary has filed his oath c) The phrase: “Notary Public” d) The name of the county in which the notary resides 6) Who is authorized to sell the notary public seal? a) Secretary of State b) The county clerk c) A vendor authorized by the Secretary of State to sell it d) Any stationery store in California

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7) What date should be shown on a notary seal? a) The notary’s commission expiration date b) The notary’s commission issuance date c) The notary’s date of birth d) The date on which the seal was purchased 8) Under what circumstances is a notary public allowed not to affix her notary seal to a document she’s notarizing? a) When notarizing a grant deed b) When notarizing for a friend c) When not charging a fee for notarizing the document d) When notarizing subdivision maps 9) What should a notary do with an expired notary seal? a) Destroy it b) Mail it to the Secretary of State c) Mail it to the county clerk d) Mail it to the city clerk 10) What serial number is shown on a notary seal? a) The notary’s driver’s license number b) The notary seal manufacturer’s vendor identification number c) The notary’s tax identification number d) The notary’s corporate employee number

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LESSON 7 – PROHIBITED ACTS A notary public is prohibited from engaging in any of the following acts: A) Rendering legal advice or the practice of law; B) Willfully stating as true any material fact known to him/her to be false; C) Notarizing a document where there is conflict of interest for the notary; D) Illegal advertising; E) Completion of immigration form when the notary is not qualified to do so; F) Notarizing an incomplete document; G) Certifying copies of any documents other than powers of attorney or notarial journal entries; H) Refusing or failing to perform a notarial act upon receipt of the required fee.

A notary public cannot assist a client in entering data on immigration forms unless the notary public is also a qualified and bonded immigration consultant.

(Government Code section 8223). At the same time, it is permissible for the notary public to perform notarizations on immigration documents. (Government Code sections 8205 and 8223) A notary public is guilty of a misdemeanor if the notary public: a) Willfully fails to properly maintain his or her notarial journal; b) Willfully fails to notify the Secretary of State if his or her notarial journal is lost, stolen, rendered unusable or surrendered to a peace officer; c) Willfully fails to permit a lawful inspection or copying of his or her notarial journal; d) Willfully fails to keep his or her seal under his or her direct and exclusive control; e) Willfully surrenders his or her notarial seal to any person not authorized to possess it. (Government Code section 8228.1) A) THE PRACTICE OF LAW California law specifically prohibits notaries public from any act which constitutes the practice of law. Such acts include, but are not limited to the following: 1) Preparation of legal documents; 2) Rendering legal advice or opinions.

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B) WILLFUL MISREPRESENTATION A notary public, who presents as true any statement which he/she knows not to be true as a part of the notarial act, is guilty of a misdemeanor.

A notary pubic, who performs any notarial act in relation to a deed of trust on real property consisting of a single-family dwelling with knowledge that the deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony.

(Government code section 8214.2) While the law sets out financial penalties for such acts, the notary may be forced to remedy the damage caused as a result of his/her dishonest actions.

Any person, who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act, including an improper act involving the notarial journal, knowing such act to be improper is guilty of a misdemeanor. (Government Code section 8225) Any person who knowingly destroys, defaces, or conceals any records or papers belonging to the office of a notary public will be guilty of a misdemeanor and is liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment. (Government Code section 8221) It is a misdemeanor for anyone who is not a duly commissioned, qualified, and acting notary public for the State of California to represent oneself as, advertise as, or act as a notary public. (Government Code section 8227.1) If the Secretary of State has determined that the notary public has committed or omitted acts constituting grounds for suspension or revocation of the notary public’s commission, the resignation or expiration of the notary public’s commission does not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary action. (Government Code section 8214.4) C) CONFLICT OF INTEREST If a notary public is a party to a transaction, he/she cannot notarize any documents in relation to it. Thus, if the document names the notary as a principal in a transaction, the notary may not notarize that document. In addition, if the notary is acting as any of the following in a transaction, he/she is disqualified from performing notarial services relating to the transaction: 1) Purchaser or Seller 2) Grantor or Grantee 3) Mortgagor or Mortgagee 4) Trustor or Trustee Property of Alliance School www.AllianceSchool.com

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5) Lessor or Lessee 6) Beneficiary At the same time, the notary is not considered to be a party to a transaction when he/she is acting in any of the following capacities: 1) Employee 2) Agent 3) Insurer 4) Attorney 5) Escrow Officer 6) Lender A notary public cannot notarize his or own her signature. section 8224.1)

(Government Code

Illustrative Examples: Julie is a California notary public, but not an attorney. John who has been a close friend comes to Julie to have a Quitclaim Deed notarized. John is not sure whether the wording of his Quitclaim Deed is accurate or if needs modification. John asks Julie to help him modify the wording of the Quitclaim Deed. The proper response for Julie is to advise John to consult an attorney in modifying the wording of his document. If Julie were to help John revise the document, Julie would be violating the law by giving legal advice.

Reuben is a California notary public. Reuben and his wife Patty are in the process of selling their home that they own together as joint tenants. If Patty is completing a Grant Deed on the sale of the home, Reuben cannot notarize Patty’s signature, as Reuben is a party to the transaction.

D) ILLEGAL ADVERTISING A notary public is prohibited from advertising in any manner that may be deceiving or misrepresent his/her qualifications. Thus, he/she is barred from promoting himself/herself as an immigration specialist or consultant when he/she lacks those qualifications. A notary public who promotes himself or herself as an immigration specialist or consultant cannot advertise as a notary public. (Government Code section 8223) When advertising notarial services in any language other than English, the notary has to post a notice, in English and the other language stating that the notary is not an attorney and cannot give legal advice. The notary must also list the fees set by statute for notarial services.

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In no case, shall a notary public translate the word “Notary Public” into Spanish.

The use of the term “Notario Publico” is illegal. Any notary violating this requirement shall be subject to suspension (on first offense) and permanent revocation (on second offense) of his/her notary commission.

Illustrative Example: Jorge who is a notary public and is fluent in English and Spanish decides to advertise his notary public services to his Spanish speaking customers. Jorge cannot under any circumstances advertise his services by using the term “Notario Publico”. In addition, Jorge will need to post a notice in English and Spanish indicating the fact that he is not an attorney and cannot give legal advice. His fees for this service will also need to be listed.

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E) LESSON 7 QUIZ 1) Which of the following acts is a notary prohibited from performing? a) Notarizing a document for his brother b) Notarizing a document for his employer c) Notarizing a document for himself d) Notarizing a document for a neighbor 2) Which of the following is considered practicing law? a) Notarizing a document for an attorney b) Preparing a document for a customer before notarizing it c) Giving a customer your opinion on notary rules d) Explaining to a customer what acts a notary can legally not perform 3) A notary public is considered: a) An impartial witness b) An attorney c) A party to the transaction which she is notarizing d) An interested party 4) Which of the following examples constitutes willful misrepresentation? a) The notary tells a customer he cannot notarize a document and be a cosigner in the same document b) The notary tells a customer to sign a document before notarizing it c) The notary does not charge a fee for her services d) The notary notarizes a grant deed knowing it contains a forgery 5) Which of the following prohibited acts is always a felony? a) Failing to make a journal entry in the notary’s journal b) Intentionally notarizing a forged trust deed on a single family home c) Failing to complete the notary acknowledgment d) Failing to date a notarized document 6) In which of the following capacities would a notary be disqualified from notarizing the document: a) Agent b) Attorney c) Co-signer d) Employee

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7) Which of the following would constitute a conflict of interest? a) When the notary public stands to gain a direct benefit from notarizing a document in addition to earning his notary fee b) When the notary public acts as an agent for the signer c) When the notary public is not charging a fee d) When the notary public administers an oath to his uncle 8) What requirements must be met in order for a notary to advertise in a language other than English? a) The notary must also have every sign in English b) The notary can never advertise in a language other than English c) The notary cannot translate the word “Notary Public” into Spanish d) The notary can charge extra for performing translations 9) If a notary public refuses to perform a notarial act when asked to do so and paid the appropriate fee, she is committing a prohibited act. a) True b) False 10) A notary who tells a customer how to prepare a will in which he’s named as a beneficiary is committing which of the following prohibited acts? a) Willful misrepresentation b) Conflict of interest c) Practicing law d) Potentially all of the above

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LESSON 8 – CHANGES TO NOTARY STATUS A) CHANGE OF ADDRESS California law requires a notary public to inform the Secretary of State, in writing of a change in his/her address within 30 days of the change.

While there is no fee for this notification, the willful failure to notify the Secretary of State of the notary’s change of address is considered an infraction and punishable by a penalty of not more than $500.

The address change notification will need to be signed and include the following information: 1) Name of notary public as reflected on the notary’s commission; 2) Commission number and its expiration date; 3) New address, including business name, residence and/or mailing address; 4) Specification of which address the notary is changing, business, residence or mailing.

As discussed, a notary public commissioned in California can perform notarial acts anywhere in California, regardless of the county in which he/she has filed his/her bond and oath of office. Thus, when moving from one county to another within California, the notary is not required to file a new oath and bond in the new county.

If a notary decides to file a new oath and bond with the new county to which the notary has moved, the notary can file a request for the transfer of his/her oath and bond to the new county.

B) NAME CHANGE If a notary changes his or her name, the notary must file a name change form with the Secretary of State in order to change the official commission name. The Secretary of State will issue a new commission with the notary’s new name and within 30 days, the notary must file a new oath of office and amendment to the bond. The notary will then need to obtain a new seal with the new name within 30 days of filing the new oath and amended bond. Willful failure to notify the Secretary of State of name change is punishable as an infraction by a fine of up to $500.

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Illustrative Example: While Fatima has kept her maiden name after getting married, she has moved to a different county within California. As long as she reports the change of address to the Secretary of State within 30 days of the move, Fatima does not need to file her oath of office in the new county. Fatima may choose to file her oath of office in the new county however.

If Fatima changes her last name, she will need to file a name change with the Secretary of State, get a new commission, file a new oath of office in the county where she will engage in notary public business and order a new notary seal. She will also need to amend her notary bond to reflect the name change.

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LESSON 8: QUIZ 1) How soon after a change of address must a notary public file a change of address form? a) Immediately b) Within 7 days c) Within 10 days d) Within 30 days 2) Whom shall a notary public notify of a change in her address? a) County clerk b) City clerk c) Secretary of State d) All of the above 3) What information should be included in a notary change of address notification? a) Notary’s commission number b) Notary’s date of birth c) Notary’s new address d) Both a and c 4) When a notary public moves from one county to another county within California: a) The notary public must file a new oath and bond b) The notary public may file a new oath and bond c) Both a and b d) Neither a nor b 5) What is the penalty for failure to file a change of address? a) $500 b) $1,000 c) $2,000 d) $5,000

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LESSON 9 – PENALTIES When a notary public is found guilty of a violation of any laws, in addition to administrative and disciplinary action taken against the notary public, a penalty may be imposed.

The following is a list of possible financial penalties that may be assessed against a notary public: 1) Filing false or forged documents relating to single family real property consisting of no more than 4 units: $75,000; 2) Notarizing a document that the notary knows is false: $10,000; 3) Failure to obtain satisfactory evidence when notarizing a document: $10,000; 4) Failure to obtain thumbprints in the journal when required: $2,500; 5) Failure to furnish the notary journal when requested by a peace officer: $2,500; 6) Failure to comply with government codes regarding the manufacture and sale of the notary public commission: $1,500; 7) Use of false or misleading advertising or the practice of law: $1,500; 8) Charging more than the fee prescribed by law: $1,500; 9) Performing a dishonest or fraudulent act and intending to benefit from it: $1,500.

10) Failure to complete the acknowledgment form at the time when the notary’s signature and seal are affixed to the document: $750; 11) Failure to administer the oath or affirmation when required to do so: $750; 12) Negligent failure to discharge notarial duties fully and faithfully: $750; 13) Willful failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public (Government Code section 8214.1(d)): $1,500; 14) Failure to notify the Secretary of State of a change of address or name change within 30 days of the change: $500.

In addition to the above financial penalties, the following criminal penalties may apply. Please note that the statute of limitations is 4 years from the date of discovery or commission of the violation, whichever is later: 1) In case of Forgery, up to One year in county jail or State prison; 2) In case of Perjury, up to 2, 3 or 4 years in prison.

Prior to a revocation or suspension or after a denial of a commission, the person affected has the right to a hearing on the matter, except in cases indicated in Government Code section 8214.3. (Government Code section 8214.3) Illustrative Example: If John who is a notary public notarizes a document which he knows is false, he may be subject to a penalty of up to $10,000. At the same time, if the document which John has notarized is a deed of trust on a single family home, the penalty is raised to up to $75,000.

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LESSON 9: QUIZ 1) If a notary public is found guilty of engaging in fraudulent acts relating to single family homes, the notary may be subject to a penalty of no more than: a) $500 b) $1,000 c) $10,000 d) $75,000 2) What is the penalty for notarizing a document that the notary knows is false? a) $500 b) $10,000 c) $5,000 d) $75,000 3) What is the maximum penalty for charging more than the notary fees allowed by law? a) $500 b) $750 c) $1,000 d) $1,500 4) Which one of the following is punishable by a $750 penalty? a) Failure to complete an acknowledgment form at the time when notary’s signature and seal are affixed to the document b) Failure to advertise his notarial services c) Failure to file an oath and bond with the county clerk d) Failure to charge a notary fee 5) A notary public was found guilty of forging a renter’s affidavit. What is the penalty for this offense? a) 2, 3 or 4 years in State prison b) $15,000 plus hard labor c) Three times the amount charged for notarization d) Up to 1 year in county jail or State prison

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LESSON 10 – DEFINITIONS & DESCRIPTIONS Notary Public Commission: The authority issued by the Secretary of State to a notary public to perform notarial acts for a period of 4 years.

Notary Public Bond: An instrument of protection required of every notary public in order to provide some protection to the public in the amount of $15,000.

Acknowledgment: A certificate completed by the notary public where he/she certifies that the signer personally appeared before the notary, acknowledged having signed the document and proved his/her identity to the notary on the basis of satisfactory evidence.

Jurat: A certificate completed by the notary public where the notary certifies a sworn statement was made by the signer of the document being notarized who signed it in the presence of the notary public and proved his/her identity to the notary on the basis of satisfactory evidence.

Subscribing Witness: A person who witnesses a signer sign a document and personally appears before a notary public to prove that the signer signed the document.

Credible Witness: A person who personally knows the signer of a document and establishes the identity of signer by proving his own identity (or being personally known by the notary) and attesting as to the identity of the signer.

Affiant: A person who makes a sworn statement or declaration.

Paper Identification Documents: The following are acceptable forms of identification for the purposes of notarization: U.S. passport; California identification card or driver’s license; Foreign passport with US Immigration stamp in it*; Other state, Canadian or Mexican identification card or driver’s license*; US military identification card*; Employee identification card issued by any California State, County or City government*; An inmate identification card issued by the Department of Corrections and Rehabilitation within the last 5 years if inmate is in custody in prison. *Items with asterisk need to have photograph of the bearer, his/her description and signature, a serial number and have been issued in the past 5 years.

Conflict of Interest: A situation where a notary public stands to gain a direct financial or beneficial interest as a result of the notarial act in addition to his notary fee.

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LESSON 10: QUIZ 1) An affiant is a person who: a) Is a notary public b) Appears in court c) Makes a sworn statement d) Works for the Secretary of State 2) Which of the following identification documents is acceptable for the purposes of notarization? a) A foreign passport without a U.S. immigration stamp in it b) An Arizona driver’s license issued 2 years ago c) A driver’s license from the European Union d) A Mexican identification card issued by a non-governmental agency 3) All of the following requirements need to be met in order for a driver’s license issued by a Canadian provincial government to be valid, EXCEPT: a) Serial number b) Bearer’s signature c) Bearer’s blood type d) Bearer’s photo 4) Which of the following is a unique characteristic of a jurat? a) Signer has to appear in court b) Signer makes a sworn statement c) Signer knows the notary public d) Signer doesn’t have to sign the document in person 5) In which of the following types of notarial acts, would the signer need to sign the document in the presence of the notary public? a) Jurat b) Acknowledgment c) Affirmation d) Declaration

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6) What is the unique characteristic requirement of a subscribing witness? a) He signs the document along with the principal signer b) He testifies in court c) He personally knows the notary public d) He is known to be honest and fair 7) A jurat is the same as an acknowledgment a) True b) False 8) A notary bond is to provide protection which of the following parties: a) Members of the public b) Secretary of State c) County clerk d) City clerk 9) Which one of the following can still be used as an acceptable form of identification for the purposes of notarization even if it expired 5 years ago? a) A foreign passport b) A Canadian driver’s license c) A military identification card d) A U.S. passport 10) When can an inmate identification card be used as satisfactory evidence for notarial acts? a) When the inmate is not convicted of a violent crime b) When the inmate is still in custody in prison and ID card was issued by the Department of Corrections and Rehabilitation c) When the identification card does not have a photograph of the inmate but was issued by a County jail d) When the inmate is on parole for good behavior

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APPENDIX I KEY TO LESSON QUIZZES: Lesson 1 Quiz: 1) c 2) d 3) a 4) c 5) c 6) d 7) d 8) a 9) c 10) c

Lesson 2 Quiz: 1) d 2) a 3) a 4) a 5) a 6) d 7) c 8) a 9) c 10) d

Lesson 3 Quiz: 1) c 2) a 3) a 4) d 5) c 6) a 7) b 8) d 9) d 10) b

Lesson 4 Quiz: 1) d 2) b 3) a 4) a 5) c 6) a 7) a 8) b 9) c 10) d

Lesson 5 Quiz: 1) a 2) c 3) d 4) c 5) b 6) d 7) a 8) a 9) c 10) b 11)d Lesson 8 Quiz: 1) d 2) c 3) d 4) b 5) a Lesson 9 Quiz: 1) d 2) b 3) d 4) a 5)d

Lesson 6 Quiz: 1) b 2) c 3) c 4) c 5) d 6) c 7) a 8) d 9) a 10) b

Lesson 7 Quiz: 1) c 2) b 3) a 4) d 5) b 6) c 7) a 8) c 9) a 10)d

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Lesson 10 Quiz: 1) c 2) b 3) c 4) b 5) a 6) a 7) b 8) a 9) d 10) b

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FINAL EXAM 1) A notary bond is to provide protection for which of the following parties: a) Members of the public b) Secretary of State c) County clerk d) City clerk 2) Which of the following factors is a requirement when taking an acknowledgment? a) The signer has to appear before the notary public; b) The signer has to sign the document in front of the notary public; c) The signer has to take an oath; d) The notary has to certify the document.

3) Which other state official is authorized to administer oaths or affirmations? a) County clerk within his/her county b) Lieutenant governor c) Chief of staff of the governor d) An attorney in private practice 4) What financial penalty may a notary face when failing to obtain satisfactory evidence for a notarial act? a) $500 b) $750 c) $5,000 d) $10,000 5) A notary has lost her stamp and journal. What should she do? a) Notify the Secretary of State immediately b) Notify the county clerk immediately c) Notify the Secretary of State within 30 days d) Notify the county clerk within 30 days 6) A notary applicant had a conviction 25 years ago. Is he still required to disclose that fact on his notary public application? a) Yes b) No

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7) All of the following are the facts that a notary pubic working for a financial institution has to specify when filing a protest for a promissory note, EXCEPT: a) Time and place of presentment; b) The manner in which presentment was made; c) Alternative methods for collecting payment on the note; d) The reason for protesting the bill.

8) Which of the following is an acceptable form of identification for notarial purposes? a) An inmate identification card issued by the Corrections Department when the inmate is currently in custody in prison; b) A driver’s license issued by the government of France; c) A temporary travel card issued by the EU for domestic travel; d) A Mexican driver’s license which does not contain a picture of the bearer 9) What is the term of a notary public commission? a) 1 year; b) 2 years; c) 3 years; d) 4 years.

10) Which of the following is NOT eligible to become a notary public? a) A truck driver who has had a DUI on his record b) A high school student who is 17 c) A police officer who has been suspended due to ethics violations d) A grandmother of five who works part time as a waitress 11) How can a signer who cannot write or sign her name, prove her identity to the notary public for the purposes of having the document notarized? a) By swearing that she is who she says she is; b) By bringing in two subscribing witnesses who also act as credible witnesses; c) By having her spouse sign the document instead; d) By showing the notary a Canadian driver’s license that expired 10 years ago.

12) A notary public is authorized to administer oaths in any California county. a) True b) False 13) Which of the following is an acceptable form of identification for notarial purposes? a) A Japanese passport valid till 2020 without an immigration stamp; b) A driver’s license issued by the government of Croatia; c) An Alaska driver license expiring in 2 years; Property of Alliance School www.AllianceSchool.com

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d) A Canadian inmate identification card with a picture 14) A notary public is not allowed to notarize a document for herself. a) True b) False 15) All of the following are acceptable forms of identification for notarial purposes, EXCEPT: a) An Arkansas driver’s license expiring next year b) A food stamp identification card with a picture of the holder c) An inmate identification card issued by the Department of Corrections for an inmate in custody in prison d) A County of San Bernardino employee picture ID card 16) What should a notary do with an expired notary seal? a) Destroy it b) Mail it to the Secretary of State c) Mail it to the county clerk d) Mail it to the city clerk 17) Which of the following is an act that a notary public CANNOT perform? a) Administer the oath of office for an elected official; b) Take a deposition at a hearing; c) Take an acknowledgment on a grant deed; d) Defend a client in court who has been accused of a felony.

18) A notary public cannot notarize a deed of trust if the field for property address is not filled out: a) True b) False 19) A notary journal is the exclusive property of the notary public a) True b) False 20) A jurat is similar to an acknowledgment because it contains a sworn statement. a) True b) False

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KEY TO FINAL EXAM QUESTIONS: 1) a 2) a 3) a 4) d 5) a 6) a 7) c 8) a 9) d 10) b 11) b 12) a 13) c 14) a 15) b 16) a 17) d 18) a 19) a 20) b

NOTE: IF YOUR SCORE ON THE FINAL EXAMINATION IS LOWER THAN 70%, PLEASE READ THE MATERIAL AND TAKE THE EXAM AGAIN UNTIL YOU CAN SCORE 70% OR HIGHER.

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NOTARY APPLICANT’S AFFIDAVIT OF COMPLETION OF SIX HOUR SELF STUDY COURSE OFFERED BY ALLIANCESCHOOL.COM IN ORDER TO RECEIVE YOUR COURSE PROOF OF COMPLETION CERTIFICATE, Please complete the information below, sign and date it and fax or email it to us at the following address:

Certificate@AllianceSchool.com Fax: (310) 409-1370

------------------------------------------------------------------------------------------------------------------------------NAME: _____________________________________________ MAILING ADDRESS: _____________________________________________ CITY:______________________ STATE: ________ ZIP CODE: ___________ DRIVER’S LICENSE (OR OTHER ID) NUMBER: ______________________ EXPIRATION DATE: ____________________ (example: 2/1/2015) STATE WHERE ISSUED: ____________________ (example: CA) TELEPHONE NUMBER: ____________________ (example: 415-444-4444) EMAIL ADDRESS: ____________________ (example: ab@abc.com) (All information requested above must be provided correctly for the issuance of a Proof of Completion)

------------------------------------------------------------------------------------------------------------------------------DECLARATION OF COURSE COMPLETION: I, ___________________________________ hereby declare that the identification information I have provided above is correct and accurately identifies me.

I further declare that I personally and fully completed the 6 hour course of study offered by ALLIANCESCHOOL.COM which covers the laws regarding qualification and acts performed by California notaries public. This includes reading and reviewing for at least 6 hours, the course materials and taking the practice quizzes included as part of the course. I completed the 6 hour Notary Public Online Course offered by ALLIANCESCHOOLS.COM on this date: __________________. (enter date)

I hereby declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ________________________, at ____________________, California. (enter date)

(enter name of city)

________________________ (Signature of Student)

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