PRACTICE ENGINE · CA NOTARY

CA Notary Practice Exam.
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QUESTION 1 / 40Prohibited Acts and Impartiality
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?
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  1. 1. 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. Yes, if the notary personally knows the signer's voice
    • B. Yes, provided the faxed copy is legible
    • C. No, because the signer must be physically present at the time of notarization
    • D. No, unless the notarization is for an acknowledgment rather than a jurat
    Show answer & explanation

    Answer: C
    A notary may not notarize a signature unless the signer is physically present at the time of the notarization. Voice recognition, a legible fax, or the type of act does not substitute for physical presence.

  2. 2. 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 spoken statement of his name and proceed
    • B. Refuse the notarization because the signer cannot be properly identified
    • C. Proceed if the document appears routine
    • D. Ask a bystander to confirm the signer's identity out loud and proceed
    Show answer & explanation

    Answer: B
    The notary must positively identify the signer through personal knowledge or satisfactory evidence such as a current government-issued ID, and must refuse when the signer cannot be properly identified. With no personal knowledge and no satisfactory evidence, refusal is required.

  3. 3. 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. Commissions are always illegal for notaries
    • B. The notary has a direct financial interest in the transaction being notarized
    • C. The buyer is not physically present
    • D. The notary would be giving legal advice
    Show answer & explanation

    Answer: B
    A notary must not notarize a document in which the notary has a direct financial or beneficial interest. Earning a commission contingent on the very sale being notarized is a direct financial interest, which is why the act is prohibited. The other options describe different, inapplicable rules.

  4. 4. A notary's role is fundamentally that of an impartial witness who deters fraud. Which action is most consistent with that impartial role rather than a violation of it?

    • A. Notarizing a contract in which the notary is one of the contracting parties
    • B. Refusing to notarize when the signer cannot be properly identified
    • C. Preparing the legal wording of a stranger's document for a fee, though not an attorney
    • D. Allowing another person to use the notary's seal
    Show answer & explanation

    Answer: B
    A notary is a public officer serving as an impartial witness to deter fraud. Refusing to notarize when a signer cannot be properly identified upholds that impartial, fraud-deterring role. Each other option describes a prohibited act: self-interest, unauthorized legal-document preparation by a non-attorney, and loss of exclusive control over the seal.

  5. 5. A notary just recorded "jurat" in the journal's "type of act" field. Consistent with journal requirements, what additional detail identifies the paper being sworn to?

    • A. The type of document
    • B. The retail value of the document
    • C. The color of the ink used
    • D. The number of pages printed double-sided
    Show answer & explanation

    Answer: A
    Journal entries record the type of document in addition to the type of act, so the notary would also note the type of document. The remaining options are not established journal requirements.

  6. 6. Which of the following is NOT among the elements typically appearing on a notary's official seal?

    • A. The words "Notary Public"
    • B. The commissioning state
    • C. The signer's name and address
    • D. The commission expiration date
    Show answer & explanation

    Answer: C
    Typical seal elements are the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date. The signer's name and address are journal contents, not seal contents.

  7. 7. How does an acknowledgment differ from a jurat with respect to the oath and the timing of the signature?

    • A. In an acknowledgment the signer takes an oath and must sign in the notary's presence
    • B. In an acknowledgment the signer takes no oath and need not sign in the notary's presence
    • C. In an acknowledgment the signer takes an oath but need not sign in the notary's presence
    • D. In an acknowledgment the signer takes no oath but must sign in the notary's presence
    Show answer & explanation

    Answer: B
    In an acknowledgment the signer declares the signature is genuine and made willingly, does not have to sign in the notary's presence, and takes no oath — in contrast to a jurat, which requires both signing in the notary's presence and an oath.

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

    • A. Proceed, because the notary is available and can identify the signer
    • B. Proceed only if a second notary co-signs
    • C. Decline, because the notary has a direct beneficial interest in the transaction
    • D. Proceed after disclosing the interest in the journal
    Show answer & explanation

    Answer: C
    A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest; receiving the property is a direct beneficial interest, so the notary must decline.

  9. 9. 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. Draft the will and charge a preparation fee
    • B. Explain the required clauses but not draft the document
    • C. Neither draft the document nor give legal advice for a fee
    • D. Give free legal advice but not accept a fee for drafting
    Show answer & explanation

    Answer: C
    A notary who is not an attorney may not give legal advice, accept fees for legal advice, or prepare legal documents for others, so the notary can do neither task described.

  10. 10. A signer appears before a notary and states, "I confirm this signature is mine and I made it of my own free will." The document was already signed at home earlier that day, and the signer takes no oath. Which notarial act is being performed?

    • A. A jurat
    • B. An acknowledgment
    • C. A sworn affidavit
    • D. An oath of office
    Show answer & explanation

    Answer: B
    In an acknowledgment the signer declares the signature is genuine and made willingly; the signer need not sign in the notary's presence and takes no oath. A jurat, by contrast, requires signing in the notary's presence plus an oath or affirmation. The absence of an oath and the fact the document was signed earlier point to an acknowledgment.

  11. 11. 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. An acknowledgment, requiring only that the signature be declared genuine
    • B. A jurat, requiring the signer to sign in the notary's presence and take an oath or affirmation
    • C. An acknowledgment, requiring an oath but no signing in the notary's presence
    • D. A jurat, requiring neither a signature in the notary's presence nor an oath
    Show answer & explanation

    Answer: B
    A jurat is used for affidavits and sworn statements; it requires the signer to sign the document in the notary's presence and to take an oath or affirmation that the statements are true. That combination of an in-presence signature plus an oath distinguishes it from an acknowledgment.

  12. 12. Which statement best captures the fundamental purpose of the office of notary public?

    • A. To provide legal advice to signers who cannot afford an attorney
    • B. To serve as an impartial witness to signings and to help deter fraud
    • C. To guarantee the legal validity and enforceability of every document notarized
    • D. To act as an advocate for whichever party requests the notarization
    Show answer & explanation

    Answer: B
    A notary public is a public officer commissioned by the state to serve as an impartial witness to the signing of documents and to deter fraud. The notary is neutral, does not advocate for a party, and does not guarantee a document's legal effect.

  13. 13. A signer at the notary's desk cannot be identified through the notary's personal knowledge. What is the notary's proper next step to establish the signer's identity?

    • A. Accept the word of another customer who vouches informally for the signer
    • B. Proceed, since identity checks are optional when the signer seems trustworthy
    • C. Rely on satisfactory evidence such as a current government-issued identification document
    • D. Ask the signer to state their date of birth from memory as sole proof
    Show answer & explanation

    Answer: C
    The notary must positively identify the signer either through personal knowledge or by satisfactory evidence such as a current government-issued identification document. When personal knowledge is unavailable, satisfactory documentary evidence is the proper basis.

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

    • A. Proceed, because being a party to the document does not affect impartiality
    • B. Decline, because the notary is a party with a direct beneficial interest in the transaction
    • C. Proceed only if the notary charges a reduced fee for the act
    • D. Proceed if a second notary co-signs the certificate
    Show answer & explanation

    Answer: B
    A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest. A deed transferring property to the notary is exactly such a self-interested transaction, so the notary must decline.

  15. 15. 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 the customer is well known to the notary
    • B. Complete it if the customer emails a photo of his ID
    • C. Refuse, because a notary may not notarize a signature unless the signer is physically present
    • D. Complete it and note in the journal that the signer was absent
    Show answer & explanation

    Answer: C
    A notary may not notarize a signature unless the signer is physically present at the time of the notarization. Familiarity with the signer does not substitute for physical presence, so the notary must refuse.

  16. 16. 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 accepting a friend's verbal vouching alone
    • B. Through personal knowledge or satisfactory evidence such as a current government-issued ID
    • C. By comparing the signature to one found online
    • D. By requiring the signer to swear an oath instead of showing ID
    Show answer & explanation

    Answer: B
    The notary must positively identify the signer either through personal knowledge or by satisfactory evidence such as a current government-issued identification document; with no personal knowledge and no ID, identity cannot be established.

  17. 17. 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. Recommend the appropriate deed and draft it for a small fee
    • B. Advise on the legal choice but decline to draft the document
    • C. Neither advise on the legal choice nor prepare the document for the signer
    • D. Draft the document but not charge for any advice given
    Show answer & explanation

    Answer: C
    A notary who is not an attorney may not give legal advice, accept fees for legal advice, or prepare legal documents for others. Choosing which deed to use is legal advice and drafting it is preparing a legal document, so the non-attorney notary may do neither.

  18. 18. 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 understanding is not the notary's responsibility
    • B. Refuse, because the signer appears coerced and does not understand the transaction
    • C. Proceed only after the companion signs as a witness
    • D. Proceed if the signer can present valid identification
    Show answer & explanation

    Answer: B
    A notary must refuse to perform a notarization if the signer appears to be coerced, does not understand the transaction, or cannot be properly identified. Both apparent coercion and lack of understanding are present here, so the notary must refuse — valid ID alone does not cure those problems.

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

    • A. The signer's occupation, marital status, and place of birth
    • B. The date and time, type of act, type of document, each signer's name and address, and the identification method used
    • C. Only the type of document and the fee charged
    • D. The notary's commission number and the county recorder's file number
    Show answer & explanation

    Answer: B
    A notary journal records the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer. The other options list details that are not part of the required journal entry.

  20. 20. A notary is about to leave the office for lunch and a coworker asks to borrow the notary's seal and journal to complete a pending notarization. What element of the official seal, and what control obligation, govern this situation?

    • A. The seal need not show the commission expiration date, and it may be shared with trained coworkers
    • B. The seal includes the notary's name, "Notary Public," the commissioning state, and the commission expiration date, and the notary must keep the seal and journal under exclusive control and not let another person use them
    • C. The seal includes only the notary's name, and the journal may be lent but not the seal
    • D. The seal includes the county of commission, and both items may be shared during business hours
    Show answer & explanation

    Answer: B
    The official seal typically includes the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date. Separately, the notary must keep the seal and journal under exclusive control and must not allow another person to use them, so lending them to a coworker is prohibited.

  21. 21. A notary is asked to notarize a promissory note under which the notary is named as the lender who will receive the loan repayments. What is the notary's correct course of action?

    • A. Proceed, because the notary can vouch personally for the transaction's fairness
    • B. Decline, because the notary has a direct financial interest in the transaction
    • C. Proceed only if a second notary co-signs the certificate
    • D. Proceed after reducing the notary fee to zero
    Show answer & explanation

    Answer: B
    A notary must not notarize a document in which the notary has a direct financial or beneficial interest. Being the lender who receives repayment is exactly such an interest, so the notary must decline regardless of any claimed fairness or fee waiver.

  22. 22. A notary who is not a licensed attorney is asked by a walk-in customer, "Which type of certificate should I use for my document, and can you draft the wording for me?" How should the notary respond?

    • A. Draft the document wording and choose the certificate, charging a small preparation fee
    • B. Advise the customer on the legally correct choice at no charge
    • C. Decline to give legal advice or prepare the legal document, as a non-attorney notary is prohibited from doing so
    • D. Choose the certificate but refuse to explain why
    Show answer & explanation

    Answer: C
    A non-attorney notary may not give legal advice, accept fees for legal advice, or prepare legal documents for others. Selecting and drafting the appropriate legal wording crosses into advising and document preparation, which is prohibited.

  23. 23. During a signing, the notary observes that the signer keeps looking anxiously at a companion who answers every question for her and appears to pressure her to sign. What must the notary do?

    • A. Complete the notarization quickly to end the tense situation
    • B. Refuse the notarization because the signer appears to be coerced
    • C. Ask the companion to sign as a witness instead
    • D. Proceed but note the companion's involvement in the journal
    Show answer & explanation

    Answer: B
    A notary must refuse to perform a notarization if the signer appears to be coerced, does not understand the transaction, or cannot be properly identified. Signs of coercion by a companion trigger the duty to refuse.

  24. 24. A notary's spouse asks the notary to notarize the spouse's signature on a deed that transfers property jointly held by the couple to a buyer. Why is this notarization improper?

    • A. Because deeds may never be notarized under any circumstances
    • B. Because the notary is a party to the transaction and stands to benefit from it
    • C. Because the spouse must instead use a jurat
    • D. Because the notary cannot identify a family member
    Show answer & explanation

    Answer: B
    A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest. As a joint owner transferring the property, the notary is a party with a beneficial interest, making the act improper. This is an inference applying the self-interest rule to joint ownership, not a claim about family relationships generally.

  25. 25. Which of the following situations does NOT, by itself, obligate a notary to refuse the notarization?

    • A. The signer appears to be coerced into signing
    • B. The signer does not appear to understand the transaction
    • C. The signer presents a current government-issued identification document and understands the transaction
    • D. The signer cannot be properly identified
    Show answer & explanation

    Answer: C
    The duty to refuse is triggered by apparent coercion, the signer not understanding the transaction, or inability to properly identify the signer. A signer who is properly identified by satisfactory evidence and understands the transaction presents none of these triggers, so refusal is not required on those grounds.

  26. 26. A friend asks to borrow the notary's seal and journal for an hour to "handle a quick signing" while the notary steps out. What is the notary's proper response?

    • A. Lend them, since the friend promises to record the act accurately
    • B. Refuse, because the notary must keep the seal and journal under exclusive control and not allow another person to use them
    • C. Lend only the journal but keep the seal
    • D. Lend both if the friend is also a notary
    Show answer & explanation

    Answer: B
    The notary must keep the seal and journal under the notary's exclusive control and must not allow another person to use them. Lending either item to anyone, even another notary or a trusted friend, violates this duty.

  27. 27. According to standard notarial practice, which set of items must a notary record in the notarial journal for each act performed?

    • A. The signer's date of birth, occupation, and marital status
    • B. The date and time of the act, the type of act, the type of document, the name and address of each signer, and the identification method used
    • C. Only the signer's name and a copy of the signer's fingerprint
    • D. The notary's commission number and the fee schedule for the county
    Show answer & explanation

    Answer: B
    A notary journal entry captures the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer. The other options list items not established as required journal contents.

  28. 28. A notary is completing a journal entry after performing an acknowledgment. Which piece of information belongs in that entry?

    • A. The address of each signer
    • B. The signer's annual income
    • C. The name of the document's intended recipient
    • D. The notary's home telephone number
    Show answer & explanation

    Answer: A
    Required journal contents include the name and address of each signer, so the signer's address belongs in the entry. Income, recipient name, and the notary's phone number are not among the established required contents.

  29. 29. Which four elements does an official notary seal typically include?

    • A. The notary's name, the words "Notary Public," the commissioning state, and the commission expiration date
    • B. The notary's signature, home address, phone number, and county
    • C. The notary's photograph, bond amount, fee schedule, and state seal of the governor
    • D. The signer's name, the document title, the date, and the notary's initials
    Show answer & explanation

    Answer: A
    The official seal typically shows the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date. The other options list items not established as seal contents.

  30. 30. A notary is asked to lend their official seal to a colleague so the colleague can stamp a few documents while the notary is at lunch. What is the correct response?

    • A. Lend the seal, since any commissioned officer may use it
    • B. Refuse, because the notary must keep the seal under exclusive control and not allow another person to use it
    • C. Lend the seal only if the colleague is also a notary
    • D. Lend the seal provided the colleague records the acts in the notary's journal
    Show answer & explanation

    Answer: B
    A notary must keep the seal and journal under their exclusive control and must not allow another person to use them, so lending the seal is prohibited regardless of the borrower's credentials.

  31. 31. Over which items must a notary maintain exclusive control, refusing to let anyone else use them?

    • A. Only the journal
    • B. Only the seal
    • C. Both the seal and the journal
    • D. Neither, as long as they are stored in the office
    Show answer & explanation

    Answer: C
    The notary must keep both the seal and the journal under exclusive control and must not allow another person to use either of them.

  32. 32. During a signing, the signer seems confused about the document and a companion is pressuring them to sign quickly. What must the notary do?

    • A. Complete the act because the companion consents on the signer's behalf
    • B. Refuse to perform the notarization
    • C. Complete the act but note the concern in the journal
    • D. Complete the act only if the signer produces two forms of ID
    Show answer & explanation

    Answer: B
    A notary must refuse to perform a notarization if the signer appears to be coerced or does not understand the transaction; both conditions are present here.

  33. 33. An examinee argues that a notary seal does not need to show when the commission ends. Based on typical seal contents, is that correct?

    • A. Correct; the expiration date is optional on all seals
    • B. Incorrect; the seal typically includes the commission expiration date
    • C. Correct; only the journal records the expiration date
    • D. Incorrect; the seal shows the signer's expiration date instead
    Show answer & explanation

    Answer: B
    The official seal typically includes the commission expiration date among its elements, so a claim that the seal need not show it is inconsistent with typical seal contents.

  34. 34. A notary positively identifies a signer using a current government-issued ID and prepares to log the act. Which journal field captures how the signer was identified?

    • A. The method used to identify the signer
    • B. The signer's credit score
    • C. The document's notarization fee
    • D. The witness's shoe size
    Show answer & explanation

    Answer: A
    The journal records the method used to identify the signer, which is where the notary would note reliance on the government-issued ID. The other choices are not journal contents.

  35. 35. A notary drafts a policy for safeguarding official tools. Which policy is most consistent with the notary's obligations regarding the seal and journal?

    • A. Store the seal and journal where any office staff member can access them for convenience
    • B. Keep the seal and journal under the notary's exclusive control and never let another person use them
    • C. Allow trusted family members to stamp documents on the notary's behalf
    • D. Leave the journal open at a public counter so signers can review prior entries
    Show answer & explanation

    Answer: B
    The obligation is to keep the seal and journal under the notary's exclusive control and not allow another person to use them; only the policy reflecting exclusive control satisfies that duty.

  36. 36. A signer brings a sworn affidavit and asks a notary to complete the act. Based on the nature of a jurat, what must the signer do?

    • A. Sign the document beforehand and simply confirm the signature is genuine
    • B. Sign in the notary's presence and take an oath or affirmation that the statements are true
    • C. Provide two witnesses in addition to the notary
    • D. Have the notary prepare the affidavit before signing
    Show answer & explanation

    Answer: B
    A jurat requires the signer to sign the document in the presence of the notary and to take an oath or affirmation that the statements in the document are true; a jurat is used for affidavits and sworn statements.

  37. 37. A signer telephones a notary and asks the notary to notarize a signature on a document the signer will mail in later. Why must the notary refuse to complete the act by phone?

    • A. Because the document must first be reviewed by an attorney
    • B. Because the signer must be physically present at the time of notarization
    • C. Because telephone notarizations require a higher fee
    • D. Because the notary may only notarize documents prepared in the notary's office
    Show answer & explanation

    Answer: B
    A notary may not notarize a signature unless the signer is physically present at the time of the notarization, so a request handled entirely by phone must be refused.

  38. 38. Which set of details is a notary expected to record in the notary journal for each act?

    • A. Only the signer's name and the fee charged
    • B. The date and time, type of act, type of document, name and address of each signer, and the identification method used
    • C. The signer's Social Security number and employer
    • D. The notary's commission number and the signer's signature only
    Show answer & explanation

    Answer: B
    A notary journal records the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer.

  39. 39. Which combination of elements is typically found on a notary's official seal?

    • A. The notary's home address and phone number
    • B. The notary's name, the words "Notary Public," the commissioning state, and the commission expiration date
    • C. The notary's photograph and signature
    • D. The county of residence and the notary's date of birth
    Show answer & explanation

    Answer: B
    The official seal typically includes the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date.

  40. 40. A busy notary lets an office assistant use the notary's seal and journal to stamp routine documents when the notary is out. Why is this improper?

    • A. Because the seal and journal must be kept under the notary's exclusive control and not used by another person
    • B. Because only two people may ever share a notary seal
    • C. Because the assistant would need to pay a separate fee
    • D. Because the journal may only be used for acknowledgments, not jurats
    Show answer & explanation

    Answer: A
    The notary must keep the seal and journal under the notary's exclusive control and must not allow another person to use them, so delegating their use to an assistant is prohibited.