Free Notary Classses.com

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1 Free Notary Classses.com This study guide is free. With over 100 pages, it covers all of the same information as if you attended one of our notary preparation seminars at NotaryClasses.com and can be used to complete your California Notary Education requirements. (There is a nominal charge of $10 for a Proof of Completion if required.) Why is this free? It s really very simple. We provide this study guide free as a marketing tool so that you will be persuaded to come to one of our 1- day notary seminars somewhere in California. Our live seminar only costs $69.95 and we guarantee that if you attend the seminar, you will pass the California State Notary Examination which is always given on the same day. Do I have to attend a live seminar to become a California notary public? California state law requires that all new notary applicants complete an approved 6-hour course of study and then pass a written state exam. You may complete this requirement at a live seminar or by studying this home study course for at least 6 hours. If studying this guide is sufficient to meet California s educational requirement, why would I want to take your live seminar instead? There are of course many advantages to taking our live seminar. 1. We guarantee that if you take a live seminar, you will pass the exam! 2. The state exam is always given immediately following our live seminars. 3. The live seminar is only 6 hours and only costs $ Anyone taking the live seminar will receive the required Certificate of Completion at no extra charge and is automatically registered to take the exam. No additional requirements will be necessary to notify the Secretary of State of your intent to become a notary. Everything, including the notary application is handled on the day of the seminar and exam. 5. Great optional Notary supply offers and other services are always available at our seminars. 6. Interacting with our experienced notary instructors is an easy way to clear up any questions about the process of becoming a notary or question regarding the exam. And all of this is done on the same day you take the exam so the material is fresh and easily remembered. What if I live in an area which is too far for me to travel to take one of your seminars? We suggest that you travel for just a day (or make a weekend out of it with a friend or

2 relative) in order to attend a seminar. There are so many conveniences to attending that it makes sense. However; if you absolutely cannot make it to a seminar, you may use this course instead. We do not charge for this course, so if you decide that after studying it that you want to pursue a different notary home study course, there is no further obligation. You will have learned a great deal and we hope that you will remember us in the future. If you would like to use this course to meet your educational requirement, simply sign the included affidavit that you studied for at least 6 hours and fax it over to us. Please understand that while we can offer this course for free, if you choose to use it to fulfill the State s requirements, our staff will need to prepare paperwork for you to turn into the Secretary of State. The administrative cost for preparing this paperwork including your Certificate of Completion is only $10 which also includes regular postal delivery charges. Since each seminar location provides the state notary exam immediately following the seminar, you may also choose to take the exam at one of these sites. The cost to use our seminar facility to take your exam is only $30 but remember that you can register for a live notary seminar which includes all printed material, instructor, Certification of Completion, administrative fees and also guarantees you a seat for the exam, not to mention a guarantee of passing the exam. How do I sign up for your seminar? The schedule and locations are available on-line at or you can call and speak with one of our representatives. Begin your study right away with this free study guide and get a head s up for the day of the exam. You will be glad you did! How much will everything cost including the seminar fees? There are required costs and optional costs involved with becoming a notary public and we believe that you have the right to know exactly what to expect. Required costs: Seminar Fee: $69.95 State fee to take the exam: $40 Optional Costs: Passport photo $10 (to be submitted on the day of the exam. Can be taken at our seminar site or provided by you. Must be an actual 2 x2 passport photo with white background) Background live scan: $80 (must be completed sometime prior to your appointment. Can be done at most of our seminar locations but can also be done later at your convenience.) Notary Supplies: Around $45-$125 depending on the items you select. Questions? FREE! Take a live Notary Seminar for only $69.95 and we guarantee that you will pass the State Notary Exam! See the schedule of classes at Take the seminar and the exam on the same day!

3 California Secretary of State Approved Home Study Course for the Notary Public. IMPORTANT INSTRUCTIONS: PLEASE READ FIRST Thank you for choosing this Home Study Version of the NotaryClasses.com study course for Notaries Public in the state of California. We trust that you will find this Home Study Course easy to follow and self-explanatory. We also trust that this guide will become a useful reference throughout your notary career. The qualifications for becoming a notary public in California are as follows: 1. If this is a first-time commission, you must complete a required 6-hour educational course. Recommissions only require a 3-hour refresher course as long as your notary application is submitted to the Secretary of State and you pass your examination before your current commission expires. 2. You must pass an exam (50 minutes for 30 multiple choice questions) with a score of 70% or greater. 3. After your exam you will need to complete fingerprinting by a live-scan fingerprinting service which is offered by many sheriff s offices and private fingerprinting companies. The Secretary of State will send a list of fingerprinting companies to you after you have submitted your notary application. Your fingerprints will be submitted to the DOJ and FBI and checked for criminal history. The Secretary of State will recommend a denial of the notary application for convictions of qualified misdemeanors where less than 10 years has passed since the end of probation or for any felony conviction. A list of qualified misdemeanors can be found on page 16 in this study guide. 4. You must be a legal resident of California. (No minimum time qualification) 5. You must be a minimum of 18 years of age. This Home Study Course satisfies the 6-hour educational requirement but you must follow these steps in order to complete the process. Step 1: Once you have completed at least 6 hours of study with this course, complete the Registration Form and Affidavit on the following pages and fax them to Provide a mailing address where we can send you a Certification of Completion with an original signature. The administrative charge for this is $10 which includes the cost of regular postage delivery. Step 2: After receiving your proof of completion by mail, you should schedule your notary exam. All notary exams must be taken in-person at an examination site. The exam is administered by the Cooperative Personnel Services (CPS) at many locations throughout California. To find an examination site, go to the Cooperative Personnel Services webpage for notary exam sites at: or you may attend an exam at one of our seminar locations. The cost of attending an Exam Only is $30. Schedule by calling and referring to the following code: F2009 EXAM ONLY. The Secretary of State requires a $40 fee to process your notary application and examination which you must pay by check or money order only at the examination site. Pre-registration is required and is subject to availability! If you decide to register for a live seminar instead, the seminar cost includes the examination site fees. To register for a seminar at one of our locations, please call us at or register on-line at Step 3: If you are taking your exam only at one of our sites and you have pre-registered with us, please arrive at the examination site between 3:45pm 4:00pm. Late arrivals may not be permitted to enter the examination room! IF you are taking the exam only, please bring with you the following: 1. A completed Notary application, (see the Notary Application link at You must have the Notary Application completed before you arrive at the seminar testing site. There will not be sufficient time for you to complete this application just prior to your exam. 2. Your identification such as a driver s license or passport. 3. A check or money order for $40 made payable to The Secretary of State. 4. The Proof of Completion that we mailed to you after once we received your faxed Registration and Affidavit. 5. The completed Registration and Affidavit within this instruction form that you faxed to us. 6. The PROOF OF PURCHASE for your examination site fees and your Proof of Completion. ($40) 7. Be sure to also bring a passport photo and two (2) number 2 pencil and a passport photo (2 x 2 ). FAILURE TO BRING ALL THREE OF THESE ITEMS TO THE EXAMINATION SITE WILL REQUIRE YOU TO RESCHEDULE THE EXAMINATION. Live notary seminars are given by NotaryClasses.com all over California. See NotaryClasses.com for dates. All Southern California live seminar locations provide live-scan fingerprinting services on site on the day of the seminar. All locations provide passport photo services and assistance in completing the notary application & registration form for seminar students. If you would also like to attend the live notary seminar which begins at 9:00 am, please let our staff know when you pre-register. Any fees paid will be credited and you will only be charged the difference between the those fees and the Live Seminar fee. If you choose to attend the live seminar, please arrive between 8:15 am and 8:45am. BEST WISHES and call us with any questions! W. Hospitality Ln. Ste 10, San Bernardino, CA

4 REGISTERED NOTARYCLASS.COM HOME-STUDY STUDENTS ONLY NOTARYCLASSES.COM REGISTRATION FORM (Print name of notary public applicant) HOW TO PASS CALIFORNIA S NOTARY EXAM THIS DAY OF,. Identifying information Type of identifying information (Ca driver s license for example) Identifying number (Driver s license number) State or country of issuance Expiration date Signature of student 2

5 NOTARYCLASSES.COM 6-Hour Approved Home Study AFFIDAVIT OF COURSE COMPLETION I,, (Print name of notary public applicant or notary public completing the approved 6-hour home study course) SWEAR UNDER PENALTY OF PERJURY that I have fully completed a minimum of 6-hours of required notary education by taking and completing the home-study course entitled HOW TO PASS CALIFORNIA S NOTARY EXAM. Signature of Applicant Date of Completion You MUST fully complete 6-hours of notary course study and sign this affidavit under PENALTY OF PERJURY before a Certificate of Completion will be issued. This AFFIDAVIT MUST be sent to us signed and dated. Do not send this form to CPS or Secretary of State. Additional Information Your address: Phone Number ( ) Fax Number ( ) Type of State DMV issued Driver s License or ID Identifying number Expiration date State or Country of Issuance The Administrative processing fee for issuing this Proof of Completion is $10. Call us to process payment when you fax these forms to us. We accept check or credit card payments. Be sure to check your for your receipt. Once you receive the Proof of Completion form by mail, you will need to bring that form with you to the exam location or the Secretary of State will not accept your notary application. You must also bring with you a receipt for your Proof of Completion ($10) and a receipt for your exam site fees ($30) or you will not be admitted into the examination site. Remember that registering for our live seminar includes the testing site fees (not the $40 charged by the Secretary of State) and includes your application, exam registration and we guarantee that you will pass the examination! Call us today at Do everything in one easy step at our seminar!

6 CALIFORNIA NOTARY LAWS & EXAM PREPARATION California State Approved 6-Hr Home-Study Guide Notary Public Rev 11/22/08 Daniel C. Jones, MA.Ed; Notary Public Copyright 2008 notaryclasses.com. All rights reserved NOTARYCLASSES.COM

7 TABLE OF CONTENTS Chapter 1 The Office of the Notary Public 3 Chapter 2 How to become a Notary Chapter 3 Independent Notaries VS. Notary Employees.. 24 Chapter 4 Completing the Notary Act 29 Chapter 5 Quick Review Proper Identification Chapter 6 The Notary Journal and Seal. 60 Chapter 7 Additional Prohibited Acts as a Notary 70 Chapter 8 Additional Requirements A Notary Must Know.. 75 Chapter 9 Allowable Notary Fees 80 Chapter 10 Violations, Fines and Penalties Chapter 11 Review: Steps to Receiving Your Commission..93 Chapter 12 The Test..95 Sample Notary Exam APPENDIX All Purpose Acknowledgment Form (Loose Certificate).... A-1 Grant Deed (Example of pre-printed Acknowledgment verbiage).. A-2 Affidavit of Death of Joint Tenant (Example of a pre-printed Jurat) A-3 Subscribing Witness Jurat (Proof of Execution)..A-4 Journal Entry...A-5 2

8 CALIFORNIA NOTARY LAWS & EXAM PREPARATION CHAPTER 1 THE OFFICE OF THE NOTARY PUBLIC Chapter Objective: The goal of this chapter is to introduce the general duties of a notary public which will encompass new vocabularies for many students. Subsequent chapters will cover most of these duties in greater detail. At the end of this chapter, the student will recognize the expected duties of a notary public and will be able to correctly answer general questions concerning these functions. Part 1 What is a Notary Public? Almost everyone needs the services of a notary sooner or later, yet the underlying purposes for the office of the Notary Public are not generally understood by much of the public whom we serve. Most people know that a notary is used when a document signer must be identified, but outside of that important role, the various additional duties of a notary are not generally known. Perhaps the best way of understanding the role of a notary public is to first examine the fundamental purpose for the office, and then expand to the duties involved in achieving that purpose. So, What Is a Notary Public? The office of the Notary Public is critical to everyday business and personal transactions. For example, state laws require many documents to be notarized before recording with a County Clerk office. Quite often, state agencies or private companies require a signature on a document to be notarized prior to moving forward with transactions or document requests. There are literally hundreds of types of documents in every state and even most countries that require the process of notarization. 3

9 A Notary Public is a public servant whose office exists in large part as a measure to help protect the public from fraud and whose notary actions during the notary process guarantee that certain minimum required standards have been met. What are these minimum required standards? A NOTARY PUBLIC is someone commissioned by the state whose primary duties include certifying that: a) The signer(s) personally appeared before the notary at the time of notarization in the county and on the date indicated within the Notary Certificate. b) The signer(s) were properly identified. c) That if the document required the signer to swear to the truthfulness of the statements within the document, that the signer did so in front of the notary. As we will see later, this description does not cover 100% of the notary duties, but the underlying principle remains in that notaries are public servants whose important and careful actions provide an essential layer of protection for the general public. For example, suppose someone signed a Grant Deed transferring property from one person to another, but years later the signer granting the property claims that the signature on the Grant Deed is not his and the property was never legally transferred! How could the new owner prove that indeed the signature on the Grant Deed was legitimate? In situations such as these, requiring that such documents undergo notarial standards prior to recording, two important goals are accomplished: 1) such a procedure makes it more difficult to engage in fraudulent transactions since personal identifying information is gathered from the signer at the time of notarization and 2) since the notary retains a formal record of all notarized acts performed, the legal system has concrete evidence to offer should the need arise. Furthermore, notaries act as an impartial witness to the signing of important documents; consequently, the notary may never notarize a document in which they have a direct financial or beneficial interest. In other words, if the notary is named within the document as a principal, or if the notary could directly benefit personally or financially from the signing of the document, that notary may not notarize that document. Consequently, notarizing documents for a spouse or relative might even be illegal if the document notarized could have a direct beneficial or financial interest to the notary. Notaries in community property states such as California should exercise extreme caution when notarizing documents for a spouse. For instance, if the spouse is requiring a notarized signature on a pension benefit document, you can easily see that the notary would have a direct financial interest in the document being notarized, even though he or she is not named in the document. Who Commissions the Notary Public? In California, the Secretary of State commissions the notary for a term of 4 years after the applicant passes a written multiple-choice examination concerning notary law. Additionally, the notary must be able to pass a criminal background check. Since the office of the notary plays such a vital role in ensuring that the general public has some 4

10 minimum protections against fraud, it is important that the notary demonstrate to the state a background of legal integrity that is consistent with the values of the office itself. A commissioned notary usually holds office for a term of four years after which the notary must re-take the exam if he or she wishes to be re-commissioned as a Notary. Currently, the examination is administered by proctors from the Cooperative Personnel Services (CPS), which is a company contracted with the Secretary of State to administer notary exams. Since the CPS proctors administer the exam, they obviously are precluded from being able to take the examination themselves, and consequently are also not permitted to seek appointment as a notary public. In the past, qualified persons seeking appointment as a notary public in California were permitted to simply schedule an exam with the CPS and upon passing the exam and meeting the additional requirements we will discuss subsequently, were commissioned as notary publics. As the office of the notary has changed recently with new legislation, the State of California issued a new requirement effective in July, 2005 that all applicants whether re-commissioning or seeking a first term will be required to take an approved 6- hour notary course prior to testing. Subsequent commissioning will require a 3- hour refresher course prior to testing. Once a notary receives a commission in California, the notary may notarize documents anywhere in the state of California but only within the state of California. You might imagine that a notary may see many kinds of documents during his or her tenure and many of these documents may originate outside of the state of California. This does not present a problem for the notary as long as the document does not require a notary to perform or state something that a notary is not allowed to comply with as a California notary public. A California notary is always subject to the laws and limitations of California regardless of the requirements of other states or countries. Hence it becomes imperative that a notary commissioned in California become very familiar with California legislation pertaining to his or her office. We will discuss this legislation throughout the course, but first, we need to understand what duties a notary may be called upon to perform as a California appointed notary. The General Duties of a Notary Public As suggested in the opening section of this chapter, most people associate a notary with obtaining identification for the signer or executor of a document, but there are really a number of other duties of a notary that are not as well known. We will introduce eight specific duties of a notary which are often referred to as notary acts and then discuss several of these duties more thoroughly in subsequent chapters. That said, it is true that 90% of all notary duties actually performed include identifying the document signers and actually, most notaries find that almost all of their notary requests are one of two primary duties: 1) taking an acknowledgment and 2) administering a jurat. Taking Acknowledgments The most common duty of a notary is to take an acknowledgment. Taking an acknowledgment means that the document signer personally appears before the notary at the time of notarization, either signs the document in front of the notary or, if signed prior to presentation to the notary, acknowledges that the signature is indeed his or hers and 5

11 acknowledges to the notary that he or she signed the document in his or her authorized capacity (i.e. CEO or company partner if applicable). Additionally, an acknowledgment requires that the notary has properly identified the document signer. Beginning January 1, 2008, the Certificate of Acknowledgment is executed by the notary under penalty of perjury. A notary who willfully states as true any material fact known to be false can be subject to a civil penalty of up to $10,000. Administering a Jurat The second most often-completed notary act is when the notary must administer a jurat. A jurat is a specific notary act in which the signer must personally appear before the notary, swear an oath or affirmation to the notary regarding the truthfulness of the contents within the document and must sign the document in front of the notary. The document signer in this case is sometimes referred to as an affiant since he or she is making an affidavit that the contents of the document are true. Effective January 2005, the notary must also properly identify the signer of a jurat. You should note that the notary is never responsible for the accuracy of the information within the document nor does the notary ever guarantee the document s veracity. This assumes, of course, that the notary is not aware of any fraudulent information contained within the document at the time of notarization. A notary who notarizes a document that contains information known by the notary to be false can be subject to criminal prosecution as a misdemeanor which carries the potential for incarceration and suspension or revocation of their commission. The notary may also be financially liable for any losses incurred as a result of his or her action. If you are a new notary applicant, you undoubtedly have many questions regarding these two acts but be assured that we will cover both of these duties in great detail in Chapter 4. Our purpose now is simply providing an introduction to these terms. You will become very familiar with each of these notary acts before the end of this guide. Remember that as a notary, at least 90% of all documents you will notarize will fall into one of these two notary acts, however, there are six more notary acts with which you still need to become familiar. Less Common Notary Acts Taking a Power of Attorney A Power of Attorney is a document which grants the legal authority for someone to sign on behalf of another person. Quite often, for example, a spouse may execute a Power of Attorney to the other spouse in case documents must be signed during a period of time when the spouse granting the Power of Attorney cannot appear before a notary at the time of notarization. 6

12 Certifying a Copy of a Power of Attorney Other than a copy of recorded items in the Notary Journal, a copy of a Power of Attorney is the only document in California that a notary may certify. Certification means that the copy was examined and compared to the original by the notary and is an exact duplicate of the original. A Certified Copy of a Power of Attorney has the same legal force and effect as the original document. Taking an Advance Health Care Directive When someone in California desires to formalize their wishes regarding their own health care, they can complete a document called an Advance Health Care Directive. A notary is quite often called upon to notarize this document which often includes completing an acknowledgment. Provide Copies of Journal Entries A notary is required to 1) Furnish Certified Copies of journal entries to the Secretary of State upon request. The notary must respond in the time provided in the request from the Secretary of State. 2) A notary is required to provide a copy of a line item from their journal within 15 business days after the receipt of the request from a member of public or acknowledge that no such item exists. 3) A notary must provide the journal for examination and copying in the presence of the notary upon receipt of a subpoena duces tecum or a court order and must certify the copies if requested. Demand Debts or Protest Non-Payment Another duty of a notary in California is to demand payments of bills of exchange and to protest them in the event of non-payment. This duty is really a carry-over from duties of a notary during the 19 th century. Briefly, a Bill of Exchange is a document drawn between parties which one of the parties uses as evidence of money owed. It was a convenient and popular substitute for carrying cash usually from one county to another. If the party to whom the Bill of Exchange is presented decides not to honor the payment, it was a notary s duty to formally demand payment or certify the protest as to why the payment would not be made. It is rather unlikely that a notary today would be requested to provide such a service and if presented with such a request, the notary should not proceed unless under the direction of an attorney. Confidential Marriages Unlike some other states, California notaries do not perform marriages. However, when a couple wishes to be married through a Confidential Marriage, a notary, under the following conditions may authorize the confidential marriage. A Confidential Marriage is most often issued for persons who do not wish their record of marriage to be public knowledge. These records are sealed to everyone except the bride and groom or upon 7

13 court order. If a notary wishes to authorize a confidential marriage, he or she must contact the County Clerk and request approval. As a condition of approval, the notary must attend a class offered upon arrangement with the County Clerk and any license issued for this reason is valid for 90 days and may only be used in the county in which it was issued which also must be the county in which the notary resides. The notary would complete a jurat in this case indicating that the parties personally appeared before the notary, signed before the notary and that the notary administered an oath or affirmation to the signers. The notary authorizing the confidential marriage is not necessarily the official who performs the marriage. A notary wishing to perform the marriage must be a member of the clergy or other official normally permitted to officiate marriages. Approval may be revoked by the County Clerk if the notary does not follow required procedures or otherwise violates notary law. Some Common Documents Requiring Notarization There are hundreds if not thousands of different forms to be notarized which would be impractical for us to attempt a complete listing; however, a few of the most common are listed below for your review. Grant Deeds Grant Deeds are used to transfer property from the Grantor(s) to the Grantee(s). Quitclaim Deeds Quitclaim Deeds are a type of Grand Deed. This document also transfers property. Affidavit of Death of Joint Tenant or Trustees If property is being vested (held) in joint tenancy or in a trust, and one of the joint tenants or trustees dies, California allows someone to file an Affidavit of Death Of Joint Tenant or Trustee which essentially removes the person from the property title. Power of Attorney A Power of Attorney grants permission for someone to legally sign documents for someone else. Deed of Trust, Security Agreement or Mortgage Agreement These documents are used to encumber by agreement the borrower by placing the property into collateral until the note or promise to pay is completely satisfied. Deed of Reconveyance Once the borrower has satisfied the note (paid off the amount owed through refinance, sales or complete satisfaction), a Deed of Reconveyance is issued indicating that the property is no longer held in collateral. 8

14 Chapter Summary The Office of the Notary Public Introduction WHAT IS A NOTARY PUBLIC? A Notary Public is essentially a public servant whose office exists primarily as a measure to help protect the public against fraud and whose notary actions guarantee that certain minimum required standards have been met during the signing of documents. A NOTARY PUBLIC is someone commissioned by the state whose primary duties include certifying that: a) The signer(s) personally appeared before the notary at the time of notarization in the county and on the date indicated within the Certificate of Acknowledgment or Jurat. b) The signer(s) were properly identified. c) That if the document required the signer to swear to the truthfulness of the statements within the document, that the signer did so in front of the notary. 1. It is important that the notary always remains an IMPARTIAL WITNESS to the signing of documents which they notarize. As an impartial witness, a notary may never notarize documents for his or her own signature or any document which has a direct financial or beneficial interest to the notary. 2. In California, a notary may notarize documents for a spouse or relative, but that document may not have a direct beneficial or financial interest to the notary. Notaries should be very careful in what documents they notarize for spouses in California because of the community property laws. 3. The California Secretary of State commissions notaries for 4-year terms after which the notary must retake the exam in order to be recommissioned. 4. Notaries who are commissioned in California may notarize documents anywhere within the state of California. 5. Notaries are governed by the laws of California. If notarizing documents originating from other states or countries which require the notary to engage in any act which is illegal in California, the notary must not comply with that request. 9

15 DUTIES OF A NOTARY Taking Acknowledgments 6. The most common duty of a notary is to take an acknowledgment. Taking an acknowledgment means that the document signer personally appears before the notary at the time of notarization, either signs the document in front of the notary or, if signed prior to presentation to the notary, acknowledges that the signature is indeed his or hers and acknowledges to the notary that he or she signed the document in his or her authorized capacity (i.e. CEO or company partner if applicable). Additionally, the notary is required to properly identify the document signer. Beginning January 1, 2008, the Certificate of Acknowledgment is executed by the notary under penalty of perjury. A notary who willfully states as true any material fact known to be false can be subject to a civil penalty of up to $10,000. Administering a Jurat (or taking an Affidavit) 7. The second most often-completed notary act is when the notary must administer a jurat. A jurat is a specific notary act in which the signer must personally appear before the notary at the time of notarization, swear an oath or affirmation to the notary regarding the truthfulness of the contents within the document and sign the document in front of the notary. The document signer in this case can be referred to as an affiant since he or she is making an affidavit. Additionally, the notary is required to properly identify the document signer. 8. The notary is never responsible for the accuracy of the information within the document nor does the notary ever guarantee the document s veracity. This assumes, of course, that the notary is not aware of any fraudulent information contained within the document at the time of notarization. A notary who notarizes a document which contains information known by the notary to be false can be convicted of a misdemeanor which carries the potential for criminal prosecution, jail time and suspension or revocation of their commission. Taking a Power of Attorney 9. A Power of Attorney is a document which grants the legal authority for someone else to sign on behalf of another person. Quite often, for example, a spouse may execute a Power of Attorney to the other spouse in case documents must be signed during a period of time when the spouse granting the Power of Attorney cannot appear before a notary at the time of notarization. 10

16 Certifying a Copy of a Power of Attorney 10. Other than a copy of recorded items in the Notary Journal, a copy of a Power of Attorney is the only document in California that a notary may certify. Certification means that the copy was examined and compared to the original by the notary and is an exact duplicate of the original. A Certified Copy of a Power of Attorney will have the same force and effect as the original. Taking an Advance Health Care Directive 11. When someone in California desires to formalize their wishes regarding their own health care, they can complete a document called an Advance Health Care Directive. A notary is quite often called upon to notarize this document which often includes completing an acknowledgment. Certifying Copies of Journal Entries 12. A notary is required to 1) Furnish Certified Copies of journal entries to the Secretary of State upon request. The notary must respond in the time provided in the request from the Secretary of State. 2) A notary is required to provide a copy of a line item from their journal within 15 business days after the receipt of the request from a member of public or acknowledge that no such item exists. 3) A notary must provide the journal for examination and copying in the presence of the notary upon receipt of a subpoena duces tecum or a court order and must certify the copies if requested. Demand Debts or Protest Non-Payment 13. Another duty of a notary in California is to demand payments of bills of exchange and to protest them in the event of non-payment. This duty is almost never requested of a notary today because of technological advances in such transactions. It is recommended that protests be issued only under direction of an attorney. Confidential Marriages 14. Unlike some other states, California notaries do not perform marriages. However, when a couple wishes to be married through a Confidential Marriage, a notary, under the following conditions may authorize the confidential marriage. If a notary wishes to authorize a confidential marriage, he or she must contact the County Clerk and request approval. As a condition of approval, the notary must attend a class offered upon arrangement with the County Clerk and any license issued for this reason is valid for 90 days and may only be used in the county in which it was issued which also must be the county in which the notary resides. The notary would complete a Jurat. 11

17 Check Your Knowledge 1. A notary public s duties include certifying that the signer personally before the notary and at the time of and in the county indicated in the notarial certificate. 2. A notary must also certify that the signer presented proper at the time of notarization. 3. A notary who willfully states as true any material fact known to be false can be subject to a civil penalty of up to. 4. Notaries in California receive their commissions from the California of and are governed by the laws of regardless of the notary requirements in other states. 5. An Acknowledgment is a specific notary act which guarantees the signer personally before the notary at the time of notarization, proved their to the notary and acknowledged that they signed the document in his or her. 6. A jurat is a notary act which certifies that the signer personally before the notary, the document before the notary and took an or as to the truthfulness of the statements within the document. Additionally, the notary is required to properly identify the document signer. 7. An affiant is one who makes an which is a sworn statement pertaining to the truthfulness of the contents within a document. 8. A certified copy of a power of attorney has the same force and as the original. 9. A notary is required to furnish certified copies of journal entries to the Secretary of State upon request and to do so within the specified in the request. 10. The only document that a notary may certify in the State of California is a copy of a and a copy of their journal. Answers: 1. appeared, notarization 2.identification 3. $10, Secretary of State, California 5. appeared, identification, authorized capacity 6. appeared, signed, oath, affirmation 7. affidavit 8. effect 9. time 10. Power of Attorney 12

18 CHAPTER 2 HOW TO BECOME A NOTARY Chapter Objective: This section will describe the process and the laws governing various aspects of becoming a notary. The student will be introduced to the proper steps and procedures of becoming a notary so that at any time following the course, the student will have sufficient information to complete their commissioning procedures. QUALIFICATIONS TO BECOME A CALIFORNIA NOTARY As with any other profession, we would expect that notaries must meet minimum qualifications. The qualifications are specified by California state law and include the following: 1. A notary in California must be a legal resident of the State of California (no minimum time required). Please note that while U.S. Citizenship is not required, the applicant must be a legal resident. 2. A notary must be at least 18 years old 3. The notary applicant must pass a written exam with a score of 70% or greater. 4. All notary applicants must pass a background check. 5. All notary commissions issued after July 1,2005 will require the completion of a state approved 6-hour notary course prior to commissioning. The applicant must submit a Proof of Completion to the Secretary of State along with the application. You could qualify for a 3-hour course for subsequent commissioning if you submit the application (at the time of taking the exam) while your previous commission is still active. This also requires the submission of a Proof of Completion. The Proof of Completion is valid for two (2) years and the exam results are valid for one (1) year. Legal Residency As a notary applicant, you will be expected to list a permanent California address on your application at the testing site. There is no minimum time for which you must have been a California resident, but without that California address on your application, your application will be denied. As an additional note, your application will ask for a primary place of business address. If you plan to function as a notary from an office site or business address other than your home, be sure to list that address as your business address. If your primary place of business is in a county other than your residency, your commission will be within that county, not your home address county. Age Limitation of 18 A notary may not be commissioned until he or she is 18 years of age. As you will discover in subsequent sections, it will take several weeks from the time you take your exam until you are commissioned due to fingerprinting requirements and background checks. If you are currently 17 years old, you should consider waiting until you are 18 13

19 before you take the exam since your application will be completed on the day of your exam. The Written Exam Beginning July 2005, all notary candidates will be required in addition to the exam, to take an approved 6-hour notary course prior to commissioning. Subsequent commissioning will require a 3-hour refresher course prior to testing. The notary applicant will submit a Proof of Completion along with their initial application to the Secretary of State at the examination site. The Proof of Completion is valid for two (2) years and the exam results are valid for one (1) year. A notary is commissioned after passing a written examination with a score of at least 70%. The notary applicant may complete the registration process during the seminar or afterwards. Testing is conducted by the Cooperative Personnel Services (CPS) at locations throughout California. To find a testing location and register for the exam, follow this link: or call them at: CPS Human Resource Services Notary Public Examination Services (916) There are currently 30 multiple-choice questions on the exam and you must answer at least 70% correctly to pass. This means that you may not miss more than 9 questions on the Notary exam. The content of the exam is covered in the Notary Public Handbook. The handbook is available online at: and this course is derived from that publication with the intent to provide assistance in explaining the regulations through an instructional format. Your completed notary application will be submitted at the place of examination, and will then be forwarded to the Secretary of State for review. Please note that a fee of $40, ($20 for the application and $20 for the exam) will be due at that time. You must pay with either check or money order, as the state will not accept cash. You will need to print your name and last 4 digits of your social security number at the bottom left portion of the check. You will need to bring to the testing site identification such as: A valid DMV issued driver s license from any state. A State issued ID. A current U.S. or foreign passport. A Military ID Card The CPS will not accept a VISA or Student ID card for identification. If you have an Alien Registration Card, you will need to know your number when you fill out the application. Beginning January 1, 2008, all notary applicants must also submit a 2 x 2 color passport photograph of himself or herself to the Secretary of State along with the application. 14

20 If you have any further questions about your identification documents or change of name, contact the Secretary of State, Notary Division at: Business Programs Division Notary Public Section P.O. Box Sacramento, CA (fax) Once you take the exam, you will need to wait 7 to 10 business days before your results are mailed to you; however, your results may be accessed on line at: or go to and follow the link provided for you. You must still wait for 7-10 business days before the results will be posted. You will not be able to call the CPS for your test scores due to privacy acts and when you access the website for your results, you will need to obtain a password. The directions on the website will provide you with a telephone number to call should you need to obtain a password by phone. Keep in mind that you will only be able to obtain a password by phone during regular business hours. Once you obtain your password, enter your social security number and password in the fields requiring this information and your testing score will be shown. You will not know which questions, if any you missed, only your raw score. If your test scores are not available yet, you will receive a message indicating that you are not in the system. Don t worry! If you took the exam and you correctly indicated your social security number on your application, you will get into the system. Keep checking day to day you will be there soon. Scoring less than 70% on the exam will require you to retake the exam. To re-take the exam, simply contact the CPS at or call them at (916) to request a new test date at a time and location suitable for you. You may retake the exam no sooner than the next calendar month and will need to bring the copy of the fail letter to the exam site along with a $20 re-examination fee. After the Examination Once you have received notice that you have passed the exam, you will need to provide fingerprints required for your background check. This is called obtaining a Live Scan. The application and locations for the Live Scan are available online at the Secretary of State s website A good location to check is usually at a sheriff s station, not the police department. Unfortunately, you will need to go through the live scan process even if you have recently completed a live scan for another purpose. All notary applicants must submit fingerprints to the Department of Justice and to the Federal Bureau of Investigation and the Secretary of State will be informed of any results as well as any subsequent arrests. A Notary Commission lasts four years after which a notary may apply for recommissioning. A notary whose commission is expiring can retake the examination no sooner than one year prior to the termination date of his or her commission because the exam results are valid for one year. 15

21 Background Checks: Your application is reviewed by the Secretary of State for acceptance or denial of the commission. Grounds for refusal, revocation or suspension of a notary commission include the following as found within The Notary Public Handbook: Substantial and material misstatement or admission in the application. Application denial will be recommended for the failure to disclose any arrest or conviction! You must disclose all arrests and convictions on your application including any convictions which had later been dismissed. Call the Secretary of State, Notary Department if you have any questions about whether or not a particular incident on your record must be disclosed. If you do not recall the details concerning your arrest(s) and or conviction(s), you can contact the California Department of Justice at (916) See the NOTARY PUBLIC HANDBOOK, Secretary of State. Conviction of a felony. Conviction of a disqualifying misdemeanor where less than 10 years has passed since the completion of probation. Some examples of disqualifying convictions: (From CPS Application) Accessory Arson-related offenses Assault Auto theft Battery Burglary Carrying a concealed weapon Carrying a loaded firearm in a public place Child molestation Child pornography Conspiracy Discharge of a firearm in a public place or into an inhabited dwelling Drugs, possession for sale Embezzlement Escape without force Failure to comply with a court order Failure to pay child support Failure to return to confinement False financial statements False imprisonment Forgery Fraud involving, but not limited to, bank cards, credit cards, insufficient funds/checks, insurance, mail, MediCal or MediCare, real estate, tax, and welfare. Fraudulent impersonation of a peace officer Hit and run Kidnapping-related offenses Manslaughter Pimping and pandering 16

22 Possession of an unregistered firearm Practicing without a license when a license is required Prostitution Rape Receipt of stolen property Resisting or threatening a peace officer Robbery Solicitation Statutory rape Tax evasion Terrorist threats Theft, grand and petty, including burglary and robbery Threats to commit a crime involving death or great bodily injury Child Support Applicants who are not in compliance with child support requirements may be granted temporary commissions or may be denied commissions until the candidate comes into compliance. Subsequent non-compliance may result in suspension or revocation of your commission. Receiving Your Notary Commission Within 8-12 weeks upon submitting your live scan, you will receive your notary Commission from the Secretary of State. There are times when the Secretary of State may take a few extra weeks to process these background checks, so you should not be surprised if you have not received your commission within the expected time frame. Your letter of commission will include your sequential commission number and an authorization to manufacture your notary seal. If, for any reason, you must manufacture additional seals anytime during your commission, you must obtain authorization from the Secretary of State who will forward you a new application to manufacture a notary seal. Instructions will also be provided which indicate that you have 30 calendar days to do the following: File a surety bond of $15,000 (purchased from a California admitted surety firm) with the county clerk in the county in which you plan to operate as your principal place of business. Take, subscribe and file an oath of office with the county clerk in the county in which you plan to operate as your principal place of business. The Surety Bond The notary is personally liable for notarial acts completed improperly, illegally or through negligence. This means that if you do something illegal or neglect to fully carry out your required duties as a notary, you may be sued personally. This bond is a protection for the public against your actions (or inaction such as failing to administer an oath when required). This bond offers no protection for you as the notary. If you are held liable for damages because you did not exercise due care and diligence, you will be personally responsible to pay the damages and the bonding insurance company will aggressively seek the full return of the money spent on your behalf up to the $15,000 bond amount. Keep in mind that the $15,000 is not a limitation on the amount of damages 17