California Notary Practice Exam

1. A signer hands a California notary a deed with a preprinted acknowledgment certificate. The certificate has the correct venue and wording, but nothing appears above the venue line: there is no boxed notice at the top. What does California law require of the notary?

• A. Add the notice in the notary's own handwriting beneath the seal after completing the certificate, since Civil Code 1189 only requires that the notice appear somewhere on the certificate in legible form
• B. Use a certificate that carries a legible boxed notice at the top stating that the officer verifies only the signer's identity and not the truthfulness, accuracy, or validity of the document
• C. Proceed with the certificate as printed, because the boxed notice is required by Government Code 8202 on jurats only and was never extended to certificates of acknowledgment
• D. Proceed without the notice as long as the deed will not be recorded, since the boxed notice requirement applies only to instruments that will be presented to a county recorder

2. An affiant asks a notary to execute a jurat on a declaration but says that, for religious reasons, she will not raise her hand while the oath is administered. May the notary proceed with the jurat?

• A. No, because Government Code 8202(a) requires the affiant to raise the right hand while the oath is spoken, so the notary must decline the jurat and suggest an acknowledgment instead
• B. Yes, but only if the affiant substitutes a written statement signed under penalty of perjury for the spoken oath, which the notary then describes in the journal entry for the act
• C. Yes; raising the hand is a tradition rather than a legal requirement, so the notary administers a spoken oath or affirmation, obtains the affiant's answer, and watches her sign
• D. Yes, provided the notary changes the certificate wording from 'sworn to' to 'affirmed' and records the affiant's objection next to her signature in the journal entry

3. A notary whose oath and bond are filed in Sacramento County drives to a signer's home in Placer County and takes an acknowledgment there. Which county belongs in the certificate's venue line, 'State of California, County of ____'?

• A. Placer County, because the venue names the county where the signer personally appeared before the notary
• B. Sacramento County, because the venue must match the county of filing that appears on the notary's official seal
• C. Either county, because a California commission is statewide and the venue is a formality with no fixed meaning
• D. Both counties, written as 'Sacramento/Placer', so the record shows the county of filing and the county of the act

4. At the end of a busy signing, a notary signs and stamps an acknowledgment certificate but leaves the date and the signer's name blank, planning to fill them in from the journal that evening. What is the consequence under California law?

• A. It is grounds for suspension or revocation under Government Code 8214.1(j), with a civil penalty of up to $750 under Government Code 8214.15(b)
• B. The certificate is voidable only if a party later proves financial harm, and the Secretary of State may issue a warning letter for a first occurrence
• C. The act is a felony under Government Code 8214.2 whenever the certificate is attached to a document that will be recorded against real property
• D. None, provided the blanks are completed within 24 hours and the journal entry for the act was fully completed before the notary applied the seal

5. A Texas corporation's officer asks a California notary to complete a Texas acknowledgment form reading 'acknowledged before me by John Lee, Vice President of Lone Star Freight, Inc., on behalf of said corporation.' The document will be filed in Texas. What should the notary do?

• A. Decline to complete that form and attach a California acknowledgment, because a California notary may not certify that a signer holds a particular representative capacity
• B. Complete the Texas form as written, because Civil Code 1189(c) lets a California notary use any acknowledgment form required by the state where the document will be filed
• C. Complete the Texas form only after the officer produces corporate minutes proving the vice-president title, and record the title in the journal beside the signer's name
• D. Decline the notarization entirely, because a California notary has no authority to notarize a document that will be filed in a court or recorder's office outside California

6. A customer brings three documents and asks the notary to certify a copy of each: a durable power of attorney, a California birth certificate, and a university diploma. Which of the copies may a California notary certify?

• A. All three, because Government Code 8205(a)(4) authorizes a notary to certify that any copy, public or private, is a true and correct reproduction of an original document the notary has personally compared it against
• B. The birth certificate and the power of attorney but not the diploma, because only records issued by a government office or instruments signed before a notary are eligible for copy certification
• C. Only the power of attorney (Probate Code 4307, Government Code 8205(a)(4)); vital records are certified only by the State Registrar, local registrars, or county recorders, and no statute covers diplomas
• D. None of them, because a California notary has no copy-certification authority of any kind and must refer every such request to the county clerk, the State Registrar, or the issuing institution

7. A customer mails a photocopy of her mother's power of attorney to a notary with a note asking the notary to certify the copy under Probate Code 4307 and return it by mail. How should the notary respond?

• A. Certify the copy and mail it back, because a copy certification under Probate Code 4307 concerns the document rather than a signature, so no personal appearance by anyone is ever needed
• B. Decline until the customer appears in person with the original, because the certification states the date the requester appeared and that the notary compared the copy with the original
• C. Certify the copy only after obtaining the original from the mother directly, then charge the $15 fee and enter the mother's name in the journal as the signer of the notarial act
• D. Refuse permanently, because a notary may certify a copy of a power of attorney only when the principal who signed it is alive, present, and willing to re-acknowledge the original

8. A subscribing witness appears before a California notary to prove the signature of an absent homeowner on a quitclaim deed the homeowner signed at home. May the notary complete a proof of execution by subscribing witness?

• A. No; proof of execution is not permitted for a quitclaim deed, grant deed, mortgage, deed of trust, security agreement, power of attorney, or any instrument affecting real property or requiring a journal thumbprint
• B. Yes, if the subscribing witness personally knows the homeowner, presents a current driver's license, and provides a right thumbprint in the journal in place of the absent homeowner's thumbprint
• C. Yes, because Civil Code 1195(a) permits proof of execution for any instrument that has not been acknowledged, and Government Code 27287 directs the county recorder to accept a proof certificate on deeds and deeds of trust
• D. No, because a proof of execution may be used only for documents filed in court, such as affidavits and declarations, and never for an instrument that will be delivered to a county recorder for recording

9. Sue signed a friend's consulting agreement as a subscribing witness and now appears before a notary to prove the friend's signature. Sue offers her own California driver's license. How must the notary establish Sue's identity as the subscribing witness?

• A. By the oaths of two credible witnesses who are not known to the notary but who each present identification documents and swear under penalty of perjury that Sue is the subscribing witness
• B. By relying on Sue's own driver's license, since Civil Code 1185(b)(3) makes a current DMV license satisfactory evidence for any person who appears before the notary in any capacity
• C. By the notary's personal knowledge of Sue, if the notary has known her for at least one year, with the length of the acquaintance recorded in the journal entry
• D. By the oath of a credible witness who is personally known to the notary, who personally knows Sue, and who presents an identification document meeting Civil Code 1185(b)(3) or (4)

10. During a proof of execution, the subscribing witness tells the notary under oath: 'I found the signed agreement on Paul's desk and added my signature as a witness. I never saw him sign it and he never told me he had.' Can the notary complete the proof certificate?

• A. Yes, because the subscribing witness only has to swear that the signature on the document is genuine, that the witness personally knows the principal, and that the witness signed as a witness
• B. No; the witness must have seen the principal sign or heard the principal acknowledge the signature in the principal's presence, and must have signed at the principal's request
• C. Yes, provided the witness compares the signature to the signature on Paul's driver's license and the notary records the result of that comparison in the journal
• D. No, because a proof of execution requires the principal to telephone the notary during the act and confirm that the witness was asked to sign the document

11. In a proof of execution, Sue is the subscribing witness and Carl, whom the notary knows personally, is the credible witness who identifies Sue. Paul, the principal, is not present. What must the notary's journal show for this act?

• A. Only Sue's signature as the subscribing witness; Carl's role is recorded solely in the proof certificate, and the notary records Paul's name as the signer whose signature was proved
• B. Carl's signature and thumbprint plus Sue's signature, because a credible witness in a proof of execution must be treated exactly like a signer on a real-property instrument
• C. Sue's signature, and either Carl's signature or the type, issuing agency, serial number, and issue or expiration date of the identification document Carl presented
• D. Paul's signature, obtained later when the document is returned to him, plus Sue's signature, since the journal must carry the signature of every person named in the certificate

12. A signer who cannot write makes her mark on a power of attorney before a notary and two witnesses who sign the document. The two witnesses ask whether they must also sign the notary's journal. What does the Handbook require?

• A. Yes; both witnesses must sign the journal, present identification that the notary records, and each provide a thumbprint because the document is a power of attorney
• B. No; the journal needs only the signer's mark, and the notary personally writes the signer's name beside the mark and initials it, since the notary serves as the witness to the journal entry
• C. Yes; at least one witness must sign the journal, and the notary must identify that witness by satisfactory evidence and record the identification document's details
• D. No, unless they also served as credible witnesses; but the signer's mark in the journal must be witnessed by a person who writes her name next to it and signs as a witness

13. The day after notarizing a grant deed, a notary reviews the journal and realizes the acknowledgment certificate shows the wrong month. What is the proper way to fix the certificate?

• A. Leave the certificate alone and file a written correction with the county recorder, who is authorized to amend clerical errors in a notarial certificate on request of the notary
• B. Draw a single line through the wrong month on the certificate, write the correct month, then initial and date the change so the original entry remains legible for the recorder
• C. Have the signer reappear and perform a new notarization with a new certificate bearing the new date and a new journal entry, because no law allows a completed act to be corrected
• D. Prepare a corrected certificate, sign and seal it, mail it to the signer to attach in place of the original, and note the replacement in the margin of the original journal entry

14. A title officer brings a printed copy of a deed that was signed and notarized electronically and asks the notary to 'certify this copy' so it can be recorded. Under Government Code 27201.1, what is the notary's role?

• A. The notary compares the printout to the electronic file on the title officer's laptop and completes a certified-copy certificate modeled on the one used for copies of powers of attorney under Probate Code 4307
• B. A disinterested custodian signs a certification under penalty of perjury that the printout accurately reproduces the electronic record, and the notary completes a jurat on that certification
• C. The notary re-acknowledges the printout by having the grantor appear again, since a tangible copy of an electronic record cannot be recorded without a fresh acknowledgment on paper
• D. The notary refuses, because California recorders accept only original wet-ink instruments and the electronic notarization must be repeated on paper before the deed can be recorded

15. A client asks a notary to notarize a PDF contract with an electronic signature. The client will sit at the notary's desk and sign on a tablet, and the notary holds a digital certificate. Is this permitted in California today?

• A. No; until the Online Notarization Act becomes operative, every California notarization must be performed on paper with a wet-ink signature and a physical stamp impression
• B. Yes, and because the document is electronic the notary may omit the seal and the journal thumbprint, which apply only to paper instruments affecting real property
• C. Yes, provided every requirement of a paper act is met, including physical appearance, satisfactory evidence, a journal entry, the seal, and any required thumbprint
• D. Yes, but only for documents that will be recorded, because Government Code 27391 is the sole statute that authorizes electronic notarial acts in California

16. A notary reads that Senate Bill 696, the Online Notarization Act, was signed in 2023 and asks whether she may now notarize by webcam for a client in another city. What is the current status?

• A. She may, because the Act took effect on January 1, 2024, and any commissioned California notary can perform remote online notarizations after registering a digital certificate with the Secretary of State
• B. She may, but only for signers physically located in California and only if the audio-video session is recorded and the recording is retained with the notary's journal for at least four years
• C. She may not, because California has permanently rejected remote online notarization and SB 696 authorizes only electronic signatures on paper acknowledgments
• D. She may not; video is not personal appearance, and the remote online provisions operate only once the Secretary of State certifies its technology project complete, or on January 1, 2030, whichever is earlier

17. An engineer asks a notary to acknowledge the owner's statement on a final subdivision map drawn on plastic film that will not take stamp ink. The notary's seal will not print legibly on it. What does California law allow?

• A. Complete the acknowledgment without the seal, typing or printing the notary's name, the county of the notary's principal place of business, and the commission expiration date next to the signature
• B. Complete the acknowledgment on a separate paper certificate bearing the seal and staple it to the map, because Government Code 8207 requires the seal on every official act without any exception
• C. Use an embosser instead of the ink stamp, since Government Code 8207 requires an embossed impression whenever the ink seal cannot be photographically reproduced on the document itself
• D. Decline the notarization and refer the engineer to the county surveyor, because subdivision map certificates may be acknowledged only by the county clerk or the county recorder

18. A man asks a notary for a jurat on a sworn statement that describes him, lists his date of birth, and carries his photograph and thumbprint. He presents a current U.S. passport. Under Government Code 8230, what else must the notary require?

• A. Nothing further; a current passport is satisfactory evidence under Civil Code 1185(b)(3)(B), and the jurat certifies only identity, not the accuracy of the birthdate in the statement
• B. Verification of the birthdate or age by a certified copy of his birth certificate or by a DMV-issued identification card or driver's license, as a condition of executing the jurat
• C. A second form of identification from the Civil Code 1185(b)(4) list and the signatures of two credible witnesses in the journal, because the statement is a self-identifying document
• D. The man's right thumbprint in the journal and a photocopy of the statement retained with the journal, because a document containing a thumbprint is treated like a deed

19. A small private lender asks a self-employed mobile notary to 'protest' a promissory note that the maker refused to pay, so the lender can present the protest certificate in court. May the notary perform the protest?

• A. Yes, because Government Code 8205(a)(1) lists protesting bills of exchange and promissory notes for nonacceptance or nonpayment among the duties of every notary public
• B. Yes, but only after the maker personally appears before the notary, is identified by satisfactory evidence, and signs the journal, since a protest is a form of jurat
• C. No; a notary may protest bills and notes only while employed by a financial institution and acting in the course and scope of that employment
• D. No, because protests were removed from California notary law when the Commercial Code adopted electronic presentment, and only a bank officer may certify dishonor

20. A client brings an affidavit to be notarized and wants to sign it in front of the notary while swearing that everything in it is true. Which act does this describe, and what is a defining requirement?

• A. A jurat, requiring the notary to administer an oath but allowing the document to be signed beforehand
• B. An acknowledgment, requiring only that the signer declare the signature genuine and made willingly
• C. A jurat, requiring the signer to sign in the notary's presence and take an oath or affirmation
• D. An acknowledgment, requiring an oath under Civil Code 1189 but no signing in the notary's presence

21. A signer at the notary's desk is a stranger to the notary. What is the notary's proper basis for establishing the signer's identity?

• A. Rely on satisfactory evidence such as a current government-issued identification document
• B. Ask the signer to state his date of birth and Social Security number from memory as sole proof
• C. Accept the informal word of another customer who says he knows the signer, without any oath
• D. Proceed without identification, since identity checks are optional when the signer seems trustworthy

22. A notary is asked to notarize a deed transferring property to the notary personally. How should the notary respond?

• A. Proceed, because Government Code 8224 disqualifies only a notary named as grantor, not as grantee
• B. Decline, because the notary is a party with a direct beneficial interest in the transaction
• C. Proceed, provided the notary charges no fee and records the relationship in the journal entry
• D. Proceed if the grantor's signature is proved by a subscribing witness instead of acknowledged

23. A regular customer phones a notary and asks the notary to notarize his signature on a document he already signed, promising to "drop it off next week." The signer will not be present when the notary completes the act. What must the notary do?

• A. Complete the notarization now, since a signer known to the notary need not appear for an acknowledgment
• B. Complete it if the customer emails a photo of his driver's license and confirms the signing by phone
• C. Refuse, because a notary may not notarize a signature unless the signer is physically present
• D. Complete it and record in the journal that the signer will appear and sign the journal next week

24. A signer who is not an attorney's client asks a non-attorney notary, "Which type of deed should I use, and can you draft it for me?" What is the notary permitted to do?

• A. Neither advise on the legal choice nor prepare the document for the signer
• B. Draft the deed the signer chooses, as long as no fee is charged for the drafting
• C. Recommend the appropriate deed and draft it, charging no more than the $15 fee
• D. Advise on which deed to use, but decline to draft it unless the signer supplies the wording

25. During a signing, the notary observes that the signer seems confused about what the document does and that a companion is pressuring the signer to sign quickly. Under these circumstances, what is the notary's duty?

• A. Proceed, because assessing willingness and understanding is a legal question for an attorney
• B. Refuse, because the signer appears coerced and does not understand the transaction
• C. Proceed only after the companion signs the journal as a credible witness to the signing
• D. Proceed if the signer presents identification that is current or issued within 5 years

26. When recording an act in the notary journal, which set of details must the entry include?

• A. The notary's commission number and bond number, the county recorder's document number, the signer's telephone number, and the fee charged
• B. The date and time, type of act, type of document, each signer's residence address and date of birth, and the county where the signer lives
• C. The date and time, type of act, type of document, each signer's signature, the identification method with document details, and the fee charged
• D. The type of document, the fee charged, a photocopy of the signer's identification card, and the signer's right thumbprint for every act

27. On September 15, 2026, a signer presents a California driver's license issued in March 2022 that expired in March 2026. She has no other identification. May the notary rely on this license as satisfactory evidence?

• A. No; an identification document must be unexpired on the date of the notarization, and the signer must obtain a renewal or bring two credible witnesses instead
• B. Yes; a DMV license or identification card is acceptable if it is current or was issued within five years, and this license was issued less than five years ago
• C. Yes, but only if the signer also presents a second document, such as a Social Security card, to confirm the identifying number printed on the expired license
• D. No; an expired license may be used only for an acknowledgment, never for a jurat, because Government Code 8202 requires a current document for every sworn act

28. A signer's U.S. passport book was issued 12 years ago and expired 2 years ago, but he also carries a current U.S. passport card. Which document can the notary rely on as satisfactory evidence?

• A. Neither; a passport book is acceptable only while unexpired, and a passport card is a travel document for land and sea crossings that California does not recognize
• B. The passport book, because Civil Code 1185(b)(3)(B) covers any passport issued by the U.S. Department of State regardless of its date of issue or expiration
• C. The passport card, because it is a passport issued by the U.S. Department of State and is current; the book fails the current-or-issued-within-five-years test
• D. Either document, because a passport book that has expired within the previous ten years remains acceptable when presented together with a current passport card

29. A Mexican citizen presents a current Mexican passport bearing his photograph, physical description, signature, and passport number. It has no U.S. immigration stamp. Is it satisfactory evidence for a California acknowledgment?

• A. Yes; under Civil Code 1185(b)(4)(A) a valid passport from the signer's country of citizenship is acceptable if it carries a photograph, description, signature, and identifying number
• B. No; a foreign passport is acceptable only if it has been stamped by U.S. Citizenship and Immigration Services to show lawful entry, as the statute required before it was amended
• C. No; a foreign passport may be accepted only together with a consular identification card issued by the same country, so that the two documents corroborate each other's identifying number
• D. Yes, but only for an acknowledgment; a jurat requires a document from the Civil Code 1185(b)(3) list, such as a DMV license or a passport issued by the United States

30. A signer presents a consular identification card issued two years ago by the Mexican consulate. It shows her photograph, height and eye color, and an identifying number, but the signature line is blank. May the notary accept it?

• A. Yes, because a consular identification document issued within five years is listed in Civil Code 1185(b)(4)(A) and the notary may have the signer sign it on the spot
• B. Yes, because only documents in the Civil Code 1185(b)(3) group, such as DMV licenses and U.S. passports, must carry the holder's signature to be relied on
• C. No, because consular identification cards are acceptable only when presented together with the holder's foreign passport issued by the same country
• D. No; every document in the Civil Code 1185(b)(4) group must be signed by the person, in addition to carrying a photograph, description, and identifying number

31. Four signers each offer a single, current identification document with a photograph, description, signature, and identifying number. Which document may the California notary NOT rely on as satisfactory evidence?

• A. A driver's license issued by the State of Nevada, listed under Civil Code 1185(b)(4)(B) as a license issued by a state other than California
• B. A driver's license issued by the Province of Ontario, listed under Civil Code 1185(b)(4)(B) as a license issued by a Canadian public agency
• C. A driver's license issued by the Federal Republic of Germany, because only Canadian and Mexican foreign driver's licenses appear in Civil Code 1185(b)(4)
• D. An identification card issued by the State of Arizona, listed under Civil Code 1185(b)(4)(C) as an identification card issued by a state other than California

32. An active-duty soldier's only ID is his unexpired military card. It shows his face, his signature, and a Department of Defense ID number, but nothing about height, weight, or eye color. What should the notary do?

• A. Decline to rely on it; a military identification card must contain a photograph, description, signature, and identifying number, so the notary asks for another listed document or credible witnesses
• B. Accept it, because Civil Code 1185(b)(4)(D) lists identification cards issued by any branch of the Armed Forces, and cards issued by the federal government are exempt from the physical description element
• C. Accept it, because a card issued by the federal government falls in the Civil Code 1185(b)(3) group, which requires only that the document be current or issued within five years
• D. Decline to rely on it, because California removed military identification cards from Civil Code 1185 when the Department of Defense stopped printing signatures on them

33. Two signers offer employee identification cards, each current and bearing a photograph, description, signature, and ID number. One card was issued by the County of Los Angeles; the other by the City of Phoenix, Arizona. Which may the notary accept?

• A. Both, because Civil Code 1185(b)(4)(E) accepts an employee identification card issued by any government agency anywhere in the United States
• B. Neither, because employee identification cards are acceptable only when issued by an agency of the federal government, such as the Department of Defense
• C. Only the Los Angeles County card, because the statute covers employee cards issued by the State of California or a California city, county, or city and county
• D. Only the Phoenix card, because a card from a state other than California is treated like an out-of-state identification card under Civil Code 1185(b)(4)(C) whatever agency issued it

34. A signer with no driver's license offers a Social Security card, a certified copy of his birth certificate, and a current university student photo ID. Can any of these serve as satisfactory evidence for an acknowledgment?

• A. The birth certificate alone, because a certified government record of birth is treated as equivalent to a DMV identification card under Civil Code 1185(b)(3)
• B. The student photo ID together with the Social Security card, because a photo document plus a number-bearing document satisfies Civil Code 1185(b)(4)
• C. All three together, because Civil Code 1185 allows the notary to combine documents until a photograph, description, signature, and number are all present
• D. None of them; only the documents listed in Civil Code 1185(b)(3) and (4) qualify, so the signer must obtain a listed document or use credible witnesses

35. A man released from state prison last month presents his California Department of Corrections and Rehabilitation inmate identification card, issued last year, as his only identification. May the notary rely on it?

• A. No; a CDCR inmate card is acceptable only while the inmate is in custody in prison, and a sheriff's inmate identification only while the person is held in a local detention facility
• B. Yes; the card was issued within five years by a California state agency, which is all that Civil Code 1185(b)(3) requires of the documents on its list, whatever the holder's custody status
• C. Yes, provided the card bears a photograph, description, signature, and identifying number, which brings it within the Civil Code 1185(b)(4) group of documents
• D. No, because inmate identification of any kind was removed from Civil Code 1185 and may now be used only by notaries employed by a correctional facility

36. A signer presents a current California driver's license from the Civil Code 1185(b)(3) list, but the photograph plainly shows a different person and the signer cannot explain the mismatch. Does the notary have satisfactory evidence?

• A. Yes; presentation of a current document from the Civil Code 1185(b)(3) list is satisfactory evidence by definition, and the notary is not required to compare the photograph to the signer
• B. No; satisfactory evidence requires the absence of circumstances that would lead a reasonable person to believe the signer is not the person claimed, so the notary should refuse
• C. Yes, if the signer supplies a second listed document with a matching photograph, because two documents together override any doubt raised by the first document
• D. No, but the notary may proceed if the signer signs a declaration under penalty of perjury that the license is genuine and the notary staples the declaration into the journal

37. A notary's coworker of ten years brings her cousin, who has no identification, and offers to serve as the credible witness. The coworker left her own purse and wallet at home. May the notary identify the cousin through this coworker?

• A. Yes; a single credible witness need only be personally known to the notary, and the notary's ten-year acquaintance with the coworker satisfies Civil Code 1185(b)(1)
• B. Yes, if the coworker signs the journal and the notary records 'personally known' in the identification column, since Government Code 8206 treats that as satisfactory evidence
• C. No; a single credible witness must be personally known to the notary and must prove her own identity with a document from the Civil Code 1185(b)(3) or (4) lists
• D. No, because a credible witness may not be a coworker of the notary; Civil Code 1185 requires the witness to have no employment relationship with the notary

38. A signer arrives without his wallet, explains that his valid California driver's license is at home, and asks a friend the notary knows well to act as credible witness. The friend has a passport with him. May the credible witness method be used?

• A. Yes; the friend is personally known to the notary and has a passport, so every element of Civil Code 1185(b)(1) is satisfied once the friend takes the oath and signs the journal
• B. Yes, provided the signer also signs a written statement that he will present the license to the notary within 48 hours so the journal entry can be completed with its details
• C. No, because a credible witness may be used only when the notary does not personally know the witness, in which case two such witnesses must appear together with identification
• D. No; the witness would have to swear that the signer does not possess a listed identification document and that obtaining one would be very difficult or impossible, which is untrue

39. A buyer and seller come to a notary to have the seller's signature on a purchase agreement acknowledged. The seller has no identification, and the buyer, whom the notary knows and who has a driver's license, offers to act as credible witness. May the buyer serve?

• A. No; a credible witness must have no financial interest in the document and must not be named in it, and the buyer is both named in the agreement and financially interested
• B. Yes; the buyer is personally known to the notary and presents an acceptable document, which are the only two qualifications Civil Code 1185(b)(1) imposes on a single credible witness
• C. Yes, if the buyer's spouse serves as a second credible witness, since two witnesses under Civil Code 1185(b)(2) need not be disinterested in the transaction
• D. No, because a credible witness may never be a party to the same transaction unless the witness also provides a right thumbprint in the notary's journal

40. A signer with no identification brings two acquaintances the notary has never met. One has a current driver's license; the other has no identification at all. Can the notary identify the signer through these two people?

• A. Yes; only one of two credible witnesses needs to present identification, because the identified witness can vouch for the unidentified witness as well as for the signer
• B. No; under Civil Code 1185(b)(2) both credible witnesses must prove their identities with a document from the (b)(3) or (b)(4) lists before taking the oath under penalty of perjury
• C. Yes, if the witness with the license takes the oath alone, because a single credible witness who presents a document need not be personally known to the notary
• D. No, because two credible witnesses may be used only for a jurat; for an acknowledgment a single witness personally known to the notary is the sole alternative to a listed document

41. A notary accepts a single credible witness's assurance about a signer without administering an oath and without the witness presenting any identification. Under Civil Code 1185, what civil penalty does the notary risk?

• A. A civil penalty of up to $750 under Government Code 8214.15(b), because the failure is treated as a negligent violation of the duty to discharge the duties of a notary public
• B. A civil penalty of up to $2,500 under Government Code 8214.23, the same penalty that applies to a notary who fails to obtain a required thumbprint from a signer of a deed
• C. A civil penalty of up to $10,000 under Civil Code 1185(b)(1)(B), which may be sought by the Secretary of State or a public prosecutor and enforced as a civil judgment
• D. No civil penalty; failing to identify a signer through a credible witness is addressed only by suspension or revocation of the commission under Government Code 8214.1(d)

42. After identifying a signer with a California driver's license, a notary writes only 'CA DL' in the journal's identification column. What does Government Code 8206(a)(2)(D) require the journal to show when identity rests on a document?

• A. The type of document only, because the serial number and expiration date are confidential personal information that the journal may not record
• B. The type of document and a photocopy of it stapled into the journal, so that the image can be compared with the signature if the act is later challenged
• C. The type of document, the signer's date of birth as printed on it, and the notary's initials confirming that the photograph matched the signer
• D. The type of document, the governmental agency that issued it, its serial or identifying number, and its date of issue or expiration

43. A signer's driver's license reads 'Robert A. Martinez Jr.' while the contract he is acknowledging is signed 'Bob Martinez.' Following the Secretary of State's guidance, how should the notary record the signer's name in the journal?

• A. Capture the full name as it appears on the driver's license, including the suffix 'Jr.', because the journal records the identification the notary relied on
• B. Record 'Bob Martinez' exactly as signed on the contract, because the journal must match the document so the entry can be located by the parties' names
• C. Record both names on separate lines and have the signer initial each, because a discrepancy between document and license requires two journal entries
• D. Decline the notarization, because Civil Code 1185 requires the name on the identification document to match the document's signature line character for character

44. A customer wants a jurat on an affidavit and says, 'You don't need my ID for a jurat; I'm swearing to the contents, not proving who I am.' Is he correct about California law?

• A. Yes; a jurat certifies only the oath and the signing in the notary's presence, and Government Code 8202 leaves identification of the affiant to the notary's professional discretion
• B. No; Government Code 8202(a) requires the notary to determine from satisfactory evidence under Civil Code 1185 that the affiant is the person executing the document
• C. Yes, but only if the affidavit will be filed in a California court, where the clerk verifies the affiant's identity before accepting the filing for the record
• D. No, but the standard is lower: a jurat may rest on any government-issued photo card, while an acknowledgment requires a document listed in Civil Code 1185

45. The only identification a customer offers is a current U.S. passport card, which carries a photograph, name, date of birth, and card number but lists no height, eye color, or other physical description. May the notary rely on it?

• A. No; every identification document must show a physical description, and the signer should present a passport book, which includes height and other descriptors
• B. Yes; a U.S. passport is a Civil Code 1185(b)(3) document, and the photograph, description, signature, and number requirements apply only to the (b)(4) list
• C. No; a passport card is a limited travel document, and the Secretary of State has advised notaries to accept only the passport book issued by the Department of State
• D. Yes, but only if the notary also records the signer's height and eye color in the journal from observation, to supply the description the card lacks

46. A notary identifies one signer through a single credible witness she knows personally and, later that day, another signer through two credible witnesses she does not know. How do the journal requirements differ between the two acts?

• A. They do not differ; in both cases each witness must sign the journal and provide a right thumbprint, and the notary records each witness's document type, number, and expiration date
• B. For the single witness the notary records only 'personally known to me'; for the two witnesses the notary records their names and residence addresses but need not have them sign the journal
• C. For the single witness the journal must contain both the witness's signature and full document details; for two witnesses their signatures alone are sufficient without any document details
• D. For one witness: the witness's signature or the witness's document details; for two witnesses: both signatures and the type, number, and issue or expiration date of each document

47. Identifying a signer through a credible witness the notary knows, the notary asks, 'You know him, right?' The witness nods, and the notary proceeds with the acknowledgment. What did the notary omit, and what is the consequence?

• A. The notary never administered an oath or affirmation to the witness covering the five required statements; failing to administer a required oath is a ground for discipline under Government Code 8214.1(k)
• B. The notary failed to obtain the witness's right thumbprint, which Government Code 8206(a)(2)(G) requires from every credible witness; the omission carries a civil penalty of up to $2,500 under 8214.23
• C. The notary failed to have the witness sign the document as a subscribing witness, which Civil Code 1195 requires whenever identity rests on another person's word rather than on a document
• D. Nothing was omitted; a credible witness personally known to the notary may confirm identity informally, and only two unknown witnesses must be placed under oath and sign the journal

48. A borrower with no identification signs loan documents at a broker's office. The loan officer, who will earn a commission when the loan funds and who is not named in the documents, is personally known to the notary and offers to be the credible witness. May the loan officer serve?

• A. Yes; the statute disqualifies only a witness who is named in the document, and the loan officer's name appears nowhere in the loan papers
• B. No; a credible witness must swear that he has no financial interest in the document, and a commission contingent on the loan funding is such an interest
• C. Yes, if the loan officer discloses the commission to the borrower in writing and the notary notes the disclosure beside the witness's signature in the journal
• D. No, because an employee of the lender can never act as a credible witness for a borrower under the conflict rules of Government Code 8224

49. A homeowner refinancing her mortgage has no acceptable identification. The notary knows the homeowner's neighbor personally, and the neighbor has a passport and no interest in the loan. May the deed of trust be notarized on the neighbor's oath as a credible witness?

• A. Yes; credible witnesses may identify a signer of any document, including a deed of trust, and the notary must also obtain the homeowner's thumbprint in the journal
• B. No; instruments affecting real property may be notarized only on the basis of a document from the Civil Code 1185(b)(3) list, never on the oath of a credible witness, however well known
• C. No; Civil Code 1195 prohibits the use of any witness in connection with a deed of trust, mortgage, or other instrument affecting real property
• D. Yes, but only if two credible witnesses appear, because Government Code 8206 requires two witness signatures whenever a document requires a thumbprint

50. A notary reasonably relied on a current, genuine-looking Nevada driver's license that met every Civil Code 1185(b)(4) element. Later the license proves to be a forgery and the defrauded party sues the notary. How does Civil Code 1185 allocate the burden of proof?

• A. The notary must prove that the license was compared to a DMV database at the time of the act, because reliance on an out-of-state license is presumed negligent
• B. The surety must prove the notary acted in good faith; otherwise the bond pays and the notary is strictly liable for the loss under Government Code 8214
• C. The notary bears the burden of proving reasonable reliance, because a notarization is a certificate executed under penalty of perjury and any error is presumed to be the notary's fault
• D. The plaintiff bears the burden of proving the notary's negligence or misconduct, and an officer who took the acknowledgment under section 1185 is presumed to have followed the law

51. A credible witness knowingly lies under oath to a notary about a signer's identity so that a fraudulent deed can be acknowledged, and is later convicted of perjury. Beyond the criminal sentence, what does Civil Code 1185 provide?

• A. The notary's commission is automatically revoked, because a notary is strictly responsible for the truth of a credible witness's oath
• B. The person convicted of perjury forfeits any financial interest in the document
• C. The deed is void and the county recorder must expunge it from the record on presentation of the judgment
• D. The witness must reimburse the notary's surety for any claim paid on the bond

52. A mobile notary keeps one journal at her office for walk-in customers and a second journal in her car for signings at clients' homes, so that one is always at hand. Does this comply with Government Code 8206?

• A. Yes, provided each journal is bound with numbered pages and the notary cross-references the entries by date whenever both journals are used on the same day
• B. No; a notary must keep one active sequential journal at a time, in a locked and secured area under the notary's direct and exclusive control
• C. Yes, because Government Code 8206 limits the number of journals only for notaries employed by a financial institution or a public agency
• D. No, because a journal may never leave the notary's principal place of business, so signings at clients' homes must be recorded later at the office

53. In one afternoon a notary acknowledges signatures on a deed of reconveyance signed by a lender's officer and on a durable power of attorney signed by an elderly client. For which document must the notary obtain a journal thumbprint?

• A. Only the deed of reconveyance, because thumbprints are required for instruments that will be recorded, and a power of attorney is not recorded unless it concerns real property
• B. Neither document, because the thumbprint rule applies only to deeds of trust and grant deeds that create or transfer an ownership interest in a single-family residence
• C. Only the power of attorney; Government Code 8206(a)(2)(G) exempts a deed of reconveyance and a trustee's deed resulting from a foreclosure, but includes power of attorney documents
• D. Both documents, because a deed of reconveyance affects title to real property and a power of attorney document is expressly listed in Government Code 8206(a)(2)(G) as requiring a thumbprint

54. A signer of a grant deed has his right arm in a cast and cannot press his right thumb into the journal. How does the notary satisfy the thumbprint requirement of Government Code 8206(a)(2)(G)?

• A. Have the signer use his left thumb, or any available finger, and indicate in the journal which print was taken
• B. Postpone the notarization until the cast is removed, because the statute specifies the right thumbprint and permits no substitute print
• C. Write 'physically unable' in the journal and proceed without any print, since the statute excuses the print whenever the right thumb is unavailable
• D. Take a print of the notary's own thumb next to the signer's signature and note that it was taken in the signer's presence as a witness print

55. A police detective investigating a forged deed presents proper credentials and, with probable cause, seizes a notary's journal. What must the notary do after the seizure?

• A. Nothing until the journal is returned; the seizing agency alone is responsible for notifying the Secretary of State by facsimile within 24 hours of the seizure
• B. Refuse to release the journal without a subpoena duces tecum, because Government Code 8206(e) makes a court order the only lawful basis for surrendering it
• C. Continue making entries on loose pages until the journal is returned, then transfer them into the returned journal in date order
• D. Obtain a receipt, notify the Secretary of State within 10 days by certified mail or receipted delivery, enclosing the receipt, and start a new sequential journal

56. An escrow company's internal auditor asks its employee notary to hand over her journal so the auditor can review it at headquarters over the weekend, including entries for her private weekend signings. What does Government Code 8206(d) allow?

• A. No access of any kind, because the journal is the notary's exclusive property and may be shown only to the county clerk, a peace officer, or a court
• B. Full access to every entry, because an employer that pays the notary's salary and bond premium may audit any act performed while the commission is in force, wherever performed
• C. Inspection and copying of entries tied to the employer's business, done in the notary's presence; the auditor may not remove the journal or review unrelated entries
• D. Removal of the journal for up to five business days, provided the auditor signs a receipt and the notary suspends notarial acts until it is returned

57. A notary receives a letter from a member of the public giving the names of the parties, the type of document, and the month and year of a notarization, and asking for a copy of the journal entry. Within what time must the notary respond, and how?

• A. Within 30 days, by mailing a certified copy of the entire journal page at no charge, since the request came from a member of the public rather than the Secretary of State
• B. Within 10 days, by forwarding the request to the Secretary of State, which alone is authorized to release journal information to third parties
• C. Within 15 business days, by supplying a photostatic copy of the line item at no more than $0.30 per page or acknowledging that no such line item exists
• D. Within 5 working days, by allowing the requester to inspect the journal in the notary's presence, since copies may be released only under a court order

58. A newly commissioned notary is offered two rubber stamps by a vendor: a circular seal 2.5 inches in diameter, and a rectangular seal 1 inch by 2.5 inches with a serrated border. Which seal complies with Government Code 8207?

• A. The circular seal, because a circular seal may be any size as long as the impression is photographically reproducible and shows the required elements
• B. The rectangular seal; a circular seal may not exceed 2 inches in diameter, while a rectangular seal may be up to 1 inch wide by 2.5 inches long
• C. Neither seal, because California requires an embossed seal rather than a rubber stamp so that the impression cannot be reproduced by photocopying
• D. Either seal, because the statute limits only the minimum size of the seal to ensure that every element remains legible when the document is recorded

59. A commissioned notary dies. Her adult son, who is the executor of her estate, finds her seal and journals in a locked drawer and asks what the law requires him to do with them.

• A. Keep the journals with the estate's records for ten years and return the seal to the vendor that manufactured it so its sequential identification number can be canceled
• B. Deliver the seal and journals to the Secretary of State in Sacramento, which retains a deceased notary's records permanently and archives the seal impression
• C. Destroy both the seal and the journals, because the records of a deceased notary contain confidential identification information that must not be disclosed
• D. Promptly notify the Secretary of State of the death, deliver the journals and records to the clerk of the county where her oath is on file, and destroy or deface the seal

60. A notary employed by an escrow company is asked to notarize the buyer's deed of trust in an escrow her company is handling; the company earns its escrow fee when the transaction closes. Does the notary have a prohibited financial interest?

• A. Yes; the escrow fee gives the notary's employer a financial stake in the closing, and under Government Code 8224 an employee is deemed to share every interest of the employer in the transaction
• B. Yes, unless the notary waives her salary for the day of the signing so that no compensation can be traced to the transaction being notarized
• C. No; Government Code 8224 provides that a notary acting as an agent, employee, insurer, attorney, escrow, or lender for an interested person has no direct financial or beneficial interest
• D. No, but only because a deed of trust names the lender as beneficiary, and the notary's employer is an escrow company rather than the lender named in the instrument

61. A notary who owns a small commercial building is named as lessor in a five-year lease that the tenant now wants acknowledged. The notary points out that she receives rent, not a fee from the notarization. May she notarize the tenant's signature?

• A. No; Government Code 8224 lists a lessor named individually in a real property transaction as having a direct financial or beneficial interest
• B. Yes, because Government Code 8224 disqualifies only grantors, grantees, mortgagors, mortgagees, trustors, and beneficiaries, and a lease transfers no title
• C. Yes, if she charges no fee for the acknowledgment and notes in the journal that she is a party to the lease, since the conflict is cured by disclosure
• D. No, because a notary may never notarize any document that concerns real property she owns, even a document to which she is not a party

62. A notary preparing a small claims case wants to attach a jurat to her own declaration and asks whether she may administer the oath to herself and complete the jurat with her own seal. What does Government Code 8224.1 provide?

• A. She may, because Government Code 8205(a)(3) authorizes a notary to take affidavits in all matters incident to the duties of the office, including affidavits of the notary herself
• B. She may not; a notary shall not take the acknowledgment or proof of an instrument executed by the notary, nor take the notary's own deposition or affidavit
• C. She may, provided she records the act in her journal with her own thumbprint and has a disinterested witness sign the journal as a credible witness
• D. She may not, because a jurat may be completed only by a notary employed by the court in which the declaration will be filed and heard

63. A customer asks a notary who is not an attorney, an accredited representative, or a registered immigration consultant to fill in the answers on a federal immigration form and then notarize her signature on it. What may the notary do?

• A. Fill in the form as the customer dictates and charge up to $15 for the set of forms plus the statutory notary fee, because Government Code 8223(b) authorizes any notary to enter client data
• B. Refuse both tasks, because Government Code 8223 prohibits a notary who is not an attorney from performing any notarial act on an immigration document
• C. Fill in the form without charge, since the fee limit in Government Code 8223 is the only restriction and a free service is not immigration consulting
• D. Notarize the signature if the form calls for it, but decline to enter any data on the form, which only a bonded immigration consultant, attorney, or accredited representative may do

64. A non-attorney notary places a Vietnamese-language advertisement for notarial services in a community newspaper and keeps a small bilingual desk plaque in the office. Under Government Code 8219.5, what must accompany the advertisement?

• A. A notice in English and Vietnamese stating 'I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters,' with the statutory fees
• B. A notice in English only that the notary is not an attorney, since the statute requires the disclaimer in the advertising language only when that language is Spanish or the ad uses 'notario'
• C. Nothing, because the requirement applies only to signs posted at the notary's place of business, and newspaper advertisements are treated like the exempt desk plaque
• D. A copy of the notary's commission certificate and bond number printed in the advertisement, so readers can verify the commission with the Secretary of State

65. A notary who also sells real estate prints 'Notary Public, Commission No. 2412345' on her listing flyers and stamps her official seal on a promotional letter to make it look official. Which rule does this violate?

• A. None; a notary may advertise the commission freely, and the seal may be used on any document as long as no fee is charged for the impression
• B. Government Code 8214.1(f), because listing a commission number is false advertising unless the notary's bond amount is also disclosed
• C. Government Code 8207, which bars use of the official seal and the title 'notary public' for any purpose other than rendering notarial service
• D. Government Code 8219.5, which prohibits any advertising of notarial services by a notary who is also licensed in another profession

66. A loan officer tells a notary, 'Backdate this acknowledgment to last Friday or we lose the rate lock, and you know it's just a formality.' The notary refuses. What is the loan officer's legal exposure under the notary law?

• A. None; only the notary can violate the notary law, and a request that is refused causes no harm to any party to the loan
• B. A misdemeanor under Government Code 8225 for soliciting, coercing, or influencing a notary to perform an improper notarial act, knowing it to be improper
• C. A civil penalty of up to $1,500 under Government Code 8214.15, which applies to any person who induces or attempts to induce a false certificate
• D. A felony under Government Code 8214.2, because the request concerned a loan document and was made with the intent to defraud the lender out of its rate lock

67. A couple asks a notary to issue them a confidential marriage license and to perform the wedding at the notary's office next week. The notary holds a current commission but no other authorization. What may the notary do?

• A. Issue the license and perform the ceremony, because Family Code 530 authorizes any commissioned California notary to do both as an officer of the state without further approval
• B. Issue the license but not perform the ceremony, since issuing confidential licenses is a notarial function while solemnizing a marriage requires clergy, a judge, or a commissioner
• C. Perform the ceremony but not issue the license, because only the county clerk issues confidential marriage licenses while any commissioned notary may solemnize a marriage
• D. Neither; issuing confidential licenses requires approval by the county clerk of the notary's county of residence, and solemnizing requires authority under Family Code 400 to 402

68. A signer telephones the notary and asks the notary to notarize her signature on a form she has already signed and will fax over, promising to appear in person next week. May the notary complete the notarization now?

• A. No, because the signer must be physically present at the time of notarization
• B. No, unless the act is an acknowledgment, which Civil Code 1189 allows without appearance
• C. Yes, if the notary personally knows the signer and records that knowledge in the journal
• D. Yes, provided the faxed copy is legible and the signer confirms her identity by telephone

69. A signer presents no identification, is not personally known to the notary, and offers no other satisfactory evidence of identity. Under the impartiality and duty-to-refuse principles, the notary should:

• A. Accept the signer's sworn statement of his own identity under Civil Code 1185
• B. Refuse the notarization because the signer cannot be properly identified
• C. Proceed if the document is routine and the fee charged does not exceed $15
• D. Have a bystander in the office vouch for the signer without taking an oath

70. A notary stands to earn a commission from a real-estate agency if a particular sale closes, and is then asked to notarize the buyer's signature on the closing documents for that same sale. The best reason this creates a prohibited situation is that:

• A. Explaining the closing documents to the buyer would be the unauthorized practice of law
• B. Government Code 8224 bars a notary from ever receiving a commission from an agency
• C. The notary has a direct financial interest in the transaction being notarized
• D. A notary employed by a real-estate agency may never notarize that agency's closing documents

71. An Arizona resident who commutes daily to a job in Blythe, California, wants a California notary commission so she can notarize for her employer. She is 25 and has no convictions. Does she qualify under Government Code 8201?

• A. Yes, if her employer files a certificate under Government Code 8202.5 stating that the commission is made for the purposes of the employer's business
• B. No, because a notary must have lived in California for at least five years before applying, and the residency period is verified through the fingerprint background check
• C. No; an applicant must be a legal resident of California at the time of appointment, in addition to being at least 18, completing the approved course, and passing the examination
• D. Yes, because working in California satisfies the residency element of Government Code 8201 as long as the oath and bond are filed in the county where she works rather than where she lives

72. A notary's commission expired two months ago. She completed the six-hour course for her first commission eight years ago and a three-hour refresher for her second. Which education course must she complete before she can be commissioned again?

• A. A three-hour refresher course, because she has already completed the six-hour course once and Government Code 8201(b)(2) requires only the refresher for any reappointment
• B. No course at all, because her two prior commissions and passing exam scores exempt her from further education under Government Code 8201.2
• C. An approved six-hour course, because the three-hour refresher satisfies the requirement only for a notary who applies before the current commission expires
• D. A three-hour refresher course plus a one-hour ethics module, because a lapse of less than one year is treated as a continuing commission

73. An applicant finished an approved six-hour notary course on August 1, 2024, but kept postponing the exam. He plans to sit for the examination on September 20, 2026. Is his Proof of Completion certificate still usable?

• A. No; a Proof of Completion certificate is valid for two years from the date of issuance, so it expired on August 1, 2026, and he must retake an approved six-hour course
• B. Yes; a Proof of Completion certificate never expires, because Government Code 8201 requires only that the course be completed at some time before the appointment is made
• C. Yes, provided he registers for the exam before the certificate's two-year anniversary, since the registration date rather than the exam date controls
• D. No; a Proof of Completion certificate is valid for one year from the date of issuance, the same period for which examination results remain valid

74. An applicant scores 65 on the California notary public examination in September. When may she retake it, and what score does she need to pass?

• A. She may retake it the following week at any scheduled session and needs a score of 75 or higher, the passing standard set by CPS HR Consulting
• B. She may retake it only after six months and must first repeat the six-hour course, and a score of 80 or higher is required to pass
• C. She may retake it at any session in September, since attempts are unlimited within the year, and needs a score of 70 or higher to pass
• D. She may retake it, but not more than once in the same calendar month, so October at the earliest, and needs a score of 70 or higher to pass

75. A first-time applicant is packing for the notary examination. Which set of items does the Secretary of State require her to bring to the test site?

• A. A completed application, the Proof of Completion certificate, two 2 by 2 inch color passport photos, a current photo ID, the Live Scan fingerprint receipt, and $40 in cash for the exam and application processing fee
• B. A completed application, the Proof of Completion certificate, a 2 by 2 inch color passport photo, a current photo ID, the registration confirmation, and a $40 check or money order payable to the Secretary of State
• C. A completed application, the Proof of Completion certificate, a current photo ID, the $15,000 surety bond, and a $20 check payable to CPS HR Consulting for the examination fee
• D. The Proof of Completion certificate, a current photo ID, the registration confirmation, and a $40 check payable to CPS HR Consulting; the application and photo are mailed to the Secretary of State after passing

76. A notary whose commission expires on March 1, 2027 wants to avoid any gap between commissions. According to the Secretary of State, when should she take the examination, and how long will her passing result remain valid?

• A. At least six months before expiration, so by about September 1, 2026; a passing examination result is valid for one year from the date of the examination
• B. At least thirty days before expiration, so by February 1, 2027; a passing examination result is valid for two years from the date of the examination
• C. Any time before expiration, since a new commission is issued the day the old one lapses; a passing examination result never expires once fingerprints are on file
• D. At least one year before expiration, so by March 1, 2026; a passing examination result is valid for six months from the date of the examination

77. A notary applying for reappointment without any break in commission says, 'I was fingerprinted four years ago for my current commission, so I can skip Live Scan this time.' Is she right?

• A. Yes; fingerprints are taken once and the Department of Justice's subsequent arrest notification service covers every later application for reappointment
• B. Yes, provided she submits a signed statement that she has no new arrests or convictions since her prior fingerprints were processed by the Department of Justice
• C. No; every applicant, whether or not previously commissioned, must submit fingerprints through Live Scan to the Department of Justice and FBI for a background check
• D. No, but she may substitute ink fingerprint cards mailed to the Secretary of State, since Live Scan is required only for first-time applicants

78. An applicant was convicted of misdemeanor petty theft 22 years ago; the conviction was later dismissed under Penal Code 1203.4. He asks whether he must list it on his notary application.

• A. No; convictions more than ten years old need not be disclosed, and a dismissal under Penal Code 1203.4 removes the conviction from the applicant's record for all licensing purposes
• B. No; only felony convictions must be disclosed, because Government Code 8214.1(b) limits disqualifying offenses to felonies and misdemeanors involving violence
• C. Yes, but only if the theft involved more than $950, since lesser thefts are infractions that the Secretary of State does not consider in reviewing applications
• D. Yes; applicants must disclose all convictions, including those dismissed under Penal Code 1203.4 or 1203.4a, with no time limit, and nondisclosure is itself a ground for denial

79. A notary took the exam, passed, and completed fingerprinting well ahead of time; her current commission expires in four months. How long is a California commission, and when will her new commission be issued?

• A. Five years; the new commission is issued immediately on approval, and the old commission is canceled on the day the new one is issued
• B. Four years from the date specified in the commission; the new commission will be issued no sooner than 30 days before the current commission expires
• C. Four years from the date the oath and bond are filed; the new commission is issued only after the current commission has actually expired
• D. Six years from the date of the examination; the new commission is issued 60 days before expiration so the oath and bond can be filed with the county clerk in time

80. A newly appointed notary's commission term began on June 1. Her commission packet arrived June 10, and she mailed her oath and bond to the county clerk on June 28; the clerk received and filed them on July 3. What is her status?

• A. Her commission never took effect; the oath and bond must be filed with the county clerk within 30 days of the start of the term, with no exception for mail delays, so she must reapply
• B. Her commission is valid from July 3, because the 30-day period runs from the date she received the commission packet rather than from the commencement date shown in the commission
• C. Her commission is valid from June 28, because mailing the oath and bond by the deadline satisfies Government Code 8213(a) under the mailbox rule that applies to county clerk filings
• D. Her commission is suspended until she pays a late filing penalty of $500 to the Secretary of State, after which the county clerk may accept the filing and the term resumes

81. A newly commissioned notary whose principal place of business is in Kern County asks how she may take and file her oath of office. Which procedure complies with Government Code 8213(a)?

• A. Before any California notary anywhere in the state; then file the oath and bond with the Secretary of State in Sacramento, which forwards them to the Kern County clerk and to the county recorder for recording
• B. Before a superior court judge only, because a notary may not administer the constitutional oath of office to another notary; then file the oath and bond directly with the Kern County recorder
• C. Before the Kern County clerk, showing a DMV license, U.S. passport, consular document, or California public employee card, or before another notary in that county; then file oath and bond with the Kern County clerk
• D. Before her employer's human resources manager as a witness; then file the oath and bond with the county clerk of whichever county she chooses, since a notary's jurisdiction is statewide

82. Rather than buy a surety bond, a newly appointed notary offers to deposit $15,000 in cash with the county clerk to secure her performance. Does this satisfy Government Code 8212?

• A. Yes; the statute requires security of $15,000 and allows either a surety bond or a cash deposit of the same amount held by the county clerk
• B. Yes, provided the deposit is at least $10,000, the minimum bond amount, and is held for four years plus one year after the commission expires
• C. No; the statute requires an official bond of $15,000 executed by an admitted surety insurer and expressly excludes a deposit in lieu of bond
• D. No; the bond must be for $25,000 and must be issued by an insurer admitted in California, and the county clerk may not hold cash in lieu of it

83. A notary moves her principal place of business from Fresno County to Kern County. She has already sent the Secretary of State an address change by certified mail within 30 days. What else, if anything, must she do about her oath, bond, and seal?

• A. She must file a new oath and bond with the Kern County clerk within 30 days and obtain a new seal, because a notary may perform notarial acts only in the county where the current oath is on file
• B. Nothing more is required; filing a new oath and bond in Kern County is optional, but if she elects to do so she must obtain a new seal naming Kern County within 30 days of that filing
• C. She must obtain a new seal naming Kern County within 30 days of the move, but her original Fresno County oath and bond remain on file and no new filing is permitted
• D. She must surrender her Fresno County seal to the Secretary of State and suspend all notarial acts until an amended commission naming Kern County is issued to her

84. A notary marries and changes her surname. She files a Name Change form and receives an amended commission from the Secretary of State dated April 1. What must she do next, and when may she start using the new name?

• A. Within 30 days of April 1, file a new oath and an amendment to her bond with the county clerk; the change takes effect on filing, and she then has 30 days to obtain a seal in the new name
• B. Begin using the new name and a new seal on April 1, since the amended commission is effective when issued; she then notifies the county clerk of the change within 90 days by certified mail
• C. Within 30 days of April 1, obtain a new $15,000 bond and a new four-year commission in the new name, because a name change restarts both the commission term and the commission number
• D. Continue under the old name until her current commission expires, because a name change can be reflected only on a new commission issued at reappointment after a new examination

85. A mobile notary who works from her car and lists a private mailbox at a commercial mail receiving agency as her business address asks whether that address can also serve as her address of record with the Secretary of State.

• A. Yes; any mailing address at which the notary reliably receives mail may serve as the principal place of business or residence, and no physical street address is ever required by Government Code 8213.5
• B. No; a notary must list a commercial office address as the principal place of business, and a mobile notary with no office cannot hold a commission
• C. Only if she also provides the Secretary of State with a physical street address as her principal place of residence; a mail receiving agency or post office box alone is not permitted
• D. Yes, provided the mail receiving agency is located in the county where her oath and bond are filed and her seal shows that same county

86. Three co-owners each sign a grant deed and appear together before a notary, who takes all three acknowledgments in a single certificate. What is the maximum notary fee for the acknowledgments under Government Code 8211?

• A. $45, because the fee for taking an acknowledgment is $15 for each signature taken, including the seal and the writing of the certificate
• B. $15, because the fee is charged per certificate and all three signers share one certificate of acknowledgment
• C. $50, because the fee is $15 per signature plus a $5 charge for affixing the seal to a document affecting real property that will be recorded
• D. $30, because the first signature is $15 and each additional signature on the same document is $7.50

87. A court reporter asks a notary to handle a deposition: administer the oath to the witness, attend the deposition, and complete the certificate. What is the maximum total the notary may charge under Government Code 8211(c)?

• A. $30, a flat fee that covers the oath, attendance, and certificate, since Government Code 8211(c) charges all services connected with a deposition as a single notarial act
• B. $44: $30 for all services in connection with taking the deposition, plus $7 for administering the oath to the witness and $7 for the certificate to the deposition
• C. $45: $15 for the oath as a jurat, $15 for the certificate as an acknowledgment, and $15 for attendance, each charged at the standard per-act rate
• D. $60: $30 for the deposition, $15 for the oath, and $15 for the certificate, each at the fee prescribed for that type of notarial act

88. A customer asks a notary for a certified copy of a power of attorney and for a photostatic copy of a two-page journal line item from last year. What is the maximum the notary may charge for both services?

• A. $15.60: $15 for certifying the copy of the power of attorney under Probate Code 4307 and $0.30 per page for the two journal pages
• B. $30: $15 for the certified copy of the power of attorney and $15 for the journal copy, since each is a separate notarial service under Government Code 8211
• C. $15: $15 for the certified copy of the power of attorney, because copies of journal entries must be supplied to the public free of charge
• D. $20.60: $20 for certifying the copy of the power of attorney and $0.30 per page for the two journal pages

89. In one day a notary is asked to notarize (1) a U.S. Army veteran's claim for VA disability compensation, (2) a vote-by-mail ballot identification envelope, and (3) a candidate's nomination paper circulator's affidavit. Which may the notary charge for?

• A. All three, at $15 each, because the fee exceptions in Government Code 8211 apply only to notaries employed by public agencies
• B. Only the circulator's affidavit, at $15, because election documents are exempt only when they concern ballots
• C. None of them; each is a service for which California law prohibits a notary from charging any fee
• D. Only the veteran's claim, at $15, because Government Code 6107 limits free service to active-duty personnel

90. A notary drives to a client's home, charges no notarial fee as a courtesy, but charges $25 for travel. How should the fee column of the journal be completed for this act?

• A. Leave the fee column blank, because Government Code 8206 requires an entry only when a notarial fee is actually collected
• B. Enter 'no fee' or '0' for the notarial act, and identify the $25 travel charge separately so it is not recorded as a notarial fee
• C. Enter $25 as the notarial fee, because any amount collected in connection with the act is treated as the fee for the notarial service
• D. Enter $15 as the fee, because the statutory maximum is deemed charged whenever the notary collects any payment from the signer

91. A private employer pays its employee's notary bond premium and supplies under a written agreement. It now asks the employee to remit all notary fees to the company and to notarize only company transactions during working hours. Which demands are lawful?

• A. Neither; a notary's fees belong to the notary personally, and an employer may never restrict a public officer's duty to serve any member of the public who requests a notarial act
• B. Only the fee remission; an employer may collect fees under Government Code 8202.7 but may not limit whom the notary serves during working hours, because the commission is statewide and public
• C. Only the restriction to company business; fees are always the notary's, but Government Code 8202.8 lets any employer confine notarial services to its own transactions
• D. Both; under Government Code 8202.7 an agreement may require remission of fees, and under 8202.8 an employer with such an agreement may limit services during employment to its own business

92. A county employee holds a notary commission obtained under Government Code 8202.5, with the county paying her bond and supplies. A coworker asks her to notarize a personal document for free as a favor. What does the law require?

• A. She must charge the statutory fee, remit it to the county, and enter it in her journal, because a notary whose fees are remitted to a public agency may not waive them
• B. She may waive the fee, because Government Code 6100 permits any notary public to perform notarial services without charge whenever the notary chooses to do so
• C. She must refuse the request, because a notary appointed for a public agency under 8202.5 may notarize only documents that the agency itself generates in its official business
• D. She may waive the fee if the coworker is also a county employee, because services between employees of the same agency are exempt from Government Code 6100

93. A notary is moving out of California two years into her commission and wants to resign properly. Which set of steps completes the resignation?

• A. Mail the seal and journals to the Secretary of State with a resignation letter, and keep photocopies of the journals for four years in case of a claim on the bond
• B. Notify the county clerk in writing, keep the journals for ten years at her new out-of-state address, and destroy the seal once the bond has been canceled by the surety
• C. Notify the Secretary of State, deliver all journals and notarial records within 30 days to the clerk of the county where her current oath is on file, and destroy her seal
• D. Do nothing until the commission expires, since a commission cannot be resigned early; she must simply stop performing notarial acts once she leaves California

94. A reporter asks the Secretary of State for a copy of a notary's application, including the applicant's date of birth and the convictions disclosed on it. Under Government Code 8201.5, what may be released?

• A. The entire application, because a notary is a public officer and every document submitted to obtain a public office is a public record open to inspection under the California Public Records Act
• B. Only the applicant's name and address; everything else on the application is confidential and goes only to the applicant, the applicant's representative, or government officers acting officially
• C. Nothing at all, because the application is exempt from disclosure in its entirety until the commission expires and the oath is destroyed by the county clerk
• D. The name, address, and conviction history, since criminal convictions are already public court records and do not regain confidentiality when disclosed on an application

95. A newly commissioned notary finds a cheaper rubber stamp online from a seller not on the Secretary of State's list and asks whether she can use it if it shows all the elements required by Government Code 8207. What is the rule?

• A. She may, as long as the stamp reproduces every required element legibly and she files a sample impression with the county clerk when she files her oath and bond
• B. She may, because the Secretary of State regulates only the content and size of the seal, not the vendor who makes it, and the certificate of authorization is merely a courtesy notice to vendors
• C. She may not, and she also must pay a $10 fee to the Secretary of State for the certificate of authorization before any vendor can lawfully make her seal
• D. She may not; a seal may be made only by a manufacturer authorized by the Secretary of State, and only on presentation of the certificate of authorization from her commission packet

96. The Secretary of State finds that a notary charged $25 for each acknowledgment for a year. Aside from suspension or revocation, what civil penalty does Government Code 8214.15 authorize, and how does it compare with the penalty for executing a false certificate?

• A. Up to $10,000 for overcharging and up to $1,500 for a false certificate, because Civil Code 1185 sets the higher penalty for all fee-related misconduct
• B. Up to $750 for charging more than the prescribed fees under 8214.1(h), compared with up to $1,500 for a false certificate under 8214.1(l)
• C. Up to $2,500 for either violation, the single civil penalty amount that applies to every ground for discipline listed in Government Code 8214.1
• D. Up to $1,500 for overcharging and up to $750 for a false certificate, because fee violations harm the public directly while a false certificate is a paperwork error

97. A notary knowingly and willfully, intending to defraud, acknowledges a forged signature on a deed of trust against a duplex the borrower does not own. Under Government Code 8214.2, how is the notary's conduct classified?

• A. A felony, because the act related to a deed of trust on a single-family residence of not more than four units, with knowledge that it was forged or contained false statements
• B. A misdemeanor under Government Code 6203 only, because criminal liability for delivering a false certificate does not depend on the type of property the instrument affects
• C. An infraction punishable by a fine of up to $500, the same classification the Government Code assigns to a willful failure to report a change of address within 30 days
• D. A civil matter only, remedied by a civil penalty of up to $1,500 under Government Code 8214.15 and a claim against the notary's $15,000 bond

98. A notary is asked to notarize a deed that transfers property to the notary personally. What is the correct course of action?

• A. Proceed after disclosing the interest in the journal entry and on the certificate
• B. Proceed, because Government Code 8224 exempts a grantee who charges no fee for the act
• C. Proceed only if a second commissioned notary also signs and seals the certificate
• D. Decline, because the notary has a direct beneficial interest in the transaction

99. A member of the public who is not an attorney asks a notary to draft a will and explain which clauses are legally required. What may the notary do?

• A. Neither draft the document nor give legal advice
• B. Give the legal advice free of charge, but not draft the will
• C. Draft the will, charging only the $15 statutory fee
• D. Explain which clauses are required, but not draft the will

100. A signer the notary has never met and does not personally know presents no identification of any kind. How may the notary properly establish the signer's identity?

• A. By comparing the signer's signature with a signature on a document the signer brought, such as a utility bill
• B. By the oath of one credible witness who is a stranger to the notary, provided the witness shows a valid driver's license
• C. By the signer's own sworn statement of identity under penalty of perjury, recorded in the journal with a thumbprint
• D. Satisfactory evidence only, meaning an acceptable identification document or the oath of one or two credible witnesses