Notary Public Pre-Seminar Study Guide

Transcription

1 QuestQeeww q Notary Public Pre-Seminar Study Guide Read this guide on its own or use it as a companion guide to find answers to the questions on the 30 Minute Study Guide During the seminar, you will be using a different guide but we will cover all of the subject matter in this guide. Log into Student Services to watch the online course videos and to play online Notary Jeopardy, Go through the Electronic Flash Cards, sample exams and more. Copyright 2018 notaryclasses.com. All rights reserved NOTARYCLASSES.COM Rev 1/16/18

2 CHAPTER 1 THE OFFICE OF THE NOTARY PUBLIC What does it mean to Notarize a document? When someone brings a document to a notary for notarization, they want the notary to place a notary seal image on the document so it can be recorded or otherwise processed. Most people believe that notaries notarize documents and that the presence of our notary seal image on the document legalizes or certifies the legitimacy of the document, but in reality, notaries in California only notarize the SIGNATURES on documents; we do not notarize the document itself. The point is that when someone asks a notary to notarize, if there is no place for a signature to be notarized, like with a photograph or copy of an academic diploma, then there is nothing for us to notarize. In other words, a notary public seal does not guarantee that the document is correct, valid, legal nor does the notary make any certifications about the document itself. We as notaries are, in fact, certifying that specific requirements concerning the document signer and the notarial event have been satisfied during the notarial process. When the notary notarizes, it means that the notary is implying or certifying that the following are true: the signer has personally appeared before the notary public at the time the notary act is completed; the notary properly identified the signer; the notary has followed all procedures required stipulated for that notary act; the notary has properly completed a journal entry regarding that notarial act. The notary office is a state-appointed office and in order to notarize, the notary must use a state authorized notary seal (also called a notary stamp) that has their name and commission information. The notary will notarize by placing the image 2

3 of their state authorized notary seal onto a specific area of the document called a notarial certificate. The notary is responsible to fill out this notarial certificate which states that the notary does indeed certify that all of these requirements have been met. The notary completes and signs this certificate, and then places the notary seal next to their signature. The document is then said to have been notarized, but keep in mind, we have only notarized the signature on the document and not the document itself. Impartial Witness The notary must always remain an impartial witness which implies that a notary may never notarize his or her own signature on documents for which the notary has a direct beneficial or financial interest. Geographical Limitations for Providing Service In general, California notaries may perform notarial duties anywhere within California. There are a few exceptions for military notaries and public entity employee notaries, but more on that later. Length of the Notary s Commission Notaries in California are appointed by the California Secretary of State s office for a period of (4) four year terms after which a notary wishing to re-commission must re-apply for another term. Each notary receives a unique commission number which is called a sequential commission number but this number expires at the end of four year commission term. A new number is assigned along with a new commission if the notary wishes to seek a new commission for the next term. Governed by the Laws of California California notaries are governed by the laws of the State California regardless of where the document has originated or where it is being sent. Sometimes notaries are asked to do something which may be perfectly acceptable for notaries in other states or countries, but California Notaries may never comply with requests or demands from other states or countries that contradict California notarial laws. A quick, but not the only example of this concerns identification of the signer. Notaries in states other than California are permitted to use the fact that they personally know the document signer as proper identification, but in California, a notary may not use personal knowledge. We as California notaries are always limited to California notary laws. 3

4 Foreign Languages A notary in California must be able to communicate directly and coherently with a signer. No interpreters or translators are permitted and the notary may not notarize if the notary has reasonable belief that the signer is not coherent or if the notary believes the signer is being coerced. If the document is in a foreign language that the notary cannot read, a notary may still notarize but the notarial certificate language that the notary will complete must be in English. The Notarial Certificate Notaries may never place a notary seal onto a document that does not contain proper notary wording. This wording is often referred to as a notarial certificate. There are two primary notarial certificates: Acknowledgments and Jurats. To complete this notarial certificate, the notary must fill in the blank spaces indicating the date of notarization, the state and county of notarization, (always California for California notaries), the name of the document signer and the notary must always sign the certificate. The notary s seal (stamp) must be placed directly next to or underneath of the notary s signature. The notarial certificate is usually found on the document that is being notarized (remember that, in reality, we notarize signatures not documents) or sometimes this notarial certificate is located on a separate page by itself called a loose certificate. Acknowledgments The most often completed notarial certificate is when a notary Takes an Acknowledgment. This means that a document signer is required to acknowledge to the notary that he or she signed the document. There are two ways a signer can do this: 1) the signer can sign in the notary s presence or 2) the signer can communicate to the notary that the signature was placed by them sometime before bringing the document to the notary. This may be done orally or through written language if the signer is unable to communicate orally because of a physical impairment for example. Jurats Administering a Jurat requires that the document signer swear an oath or affirmation that the contents within a document are true. The notarial certificate language will require the notary to state in writing that the notary issued an oath to the signer regarding the truthfulness of the statements within the document. 4

5 Certify a copy of a Power of Attorney While taking an Acknowledgment or Administering a Jurat are indeed the two most often completed notary acts, there are other duties a notary may be required to perform even though these acts may not be done very often. Most of the time, a notary s duties will be limited to notarizing signatures but there are two specific documents which are unique. Notaries usually do not certify that copies of documents are true and correct copies, but there are two documents, and only two types of documents that we may make that certification: a copy of a Power of Attorney and a copy of the notary s own Journal Records. In these cases, notaries are not notarizing signatures at all but must complete a form or a notarial certificate that states that the copy attached is a true and correct copy because they have compared the copy to the original or have themselves made the copy. After making that comparison, the notary must sign and place the notary seal next to their signature. If it is done on a separate form, the notary will staple that loose certificate containing the notary seal onto the copy of the Power of Attorney or the copy of the journal record. These documents are then said to be certified by the notary and are considered to have the same authority as the original itself. It is important to note that a notary in California does not certify copies of any other documents. Notaries do not certify or notarize birth certificates, marriage records, death certificates or any other types of documents. Responding to the Secretary of State A notary public has an additional duty to respond to any written requests from the Secretary of State. A notary public must usually respond within 30 calendar days of receiving a written request from the California Secretary of State, or whatever timeframe is required in their request. 5

6 CHAPTER 2 BECOMING A NOTARY PUBLIC IN CALIFORNIA Qualifications to become a California notary public Must be at least 18 years of age. Must be a legal resident of California. Must pass a criminal background check. Fingerprints must be submitted electronically through a state certified live scan procedure. These live scans are automatically forwarded to the Department of Justice and the FBI in order to gather information concerning previous convictions of misdemeanors or felonies of the applicant. The application for notary is not be proceed until the results are returned from the DOJ and the FBI to the Secretary of State for review. The Secretary of State may recommend denial of your application for the conviction of a felony or any other disqualifying criminal conviction. You may want to review the Secretary of State disciplinary guidelines at http//: for more information. Submit an application to the Secretary of State. o All notary applicants must submit an application form each time they apply for a commission. A notary application can be found on the California Secretary of State s website at but of course, an application is also included in this course for your convenience which will be completed and submitted to the testing proctors at the time you take the notary examination. The application fee is $20 made payable to the Secretary of State. The testing fee is also $20 and should be included in the payment for the original application so that the total is $40 unless re-testing. Retesting does not require a new application fee so the amount for retesting is only $20. The payment must be made at the time of testing 6

7 and is payable only by check or money order. Cash or credit cards will not be accepted. Checks without addresses or check numbers (temporary checks) are also not accepted. If the applicant s check is returned for insufficient funds, the application will be cancelled! o Submission of the notary application also requires that a 2 x 2 color passport style photograph be included in the application package. If a photograph is not included or the photograph does not meet the passport style requirements, the entire application will be returned without processing. These will be taken at our seminar location. Must complete a state approved notary educational course. o All notary applicants for California must satisfactorily complete a Secretary of State approved six-hour course prior to appointment. You should note that all persons being appointed, no matter how many notary public commission terms that person has held in the past, unless they are currently commissioned at the time the application is received by the Secretary of State, are required to take the six-hour course of study. o Current California notaries public with a valid notary public commission who have completed an approved six-hour course of study at least once may elect to satisfactorily complete an approved three-hour refresher course prior to reappointment rather than the full six-hour course. o An approved three-hour refresher course is only acceptable if the notary public applies for reappointment before expiration of the current notary public commission. If the notary public commission expires before satisfactorily completing the course, or before the Secretary of State receives the completed application, the person must take another approved six-hour course before being reappointed as a notary public. o If the notary applicant seeking re-commission is required to resubmit an application for any reason and the Secretary of State receives that application after the current commission expires, the applicant must have satisfactorily completed the full 6-hour notary education course. Simply taking an additional 3 hours (in an effort to make up the six hours) is not allowed. 7

8 For example, suppose your commission expires just a few days from today and you plan on submitting your application and will take your examination today. You may qualify to take the 3-hour course, if you do not pass the examination and it is returned to you for re-submission, you will be required to take the full 6-hour course. This is because reexaminations cannot be taken within the same calendar month! o The notary applicant must submit a Proof of Completion for the required educational class to the Secretary of State along with the application for commission. Applications and Proof of Completions are usually submitted at the examination site. If your application is returned for any reason, keep in mind that The Proof of Completion is valid for two (2) years. o Notaries seeking re-commission who have satisfactorily completed another 6-hour course within two years of applying for reappointment as a notary public are deemed to have satisfied the 3- hour course requirement. Remember that the exam results are valid for one (1) year but the Proof of Completion is valid for two (2) years. Take and pass the notary public examination. o All notaries public applicants must take and pass a written, proctored, closed book examination with a score of 70% or greater. The exam consists of thirty (30) multiple-choice questions covering California notary law and a maximum of fifty (50) minutes is allowed to take the exam. 8

9 Taking a re-examination o If you do not pass the initial exam, you must wait until the following calendar month in order to retake your notary exam. Exam questions are changed every calendar month. Testing fees are only $20 and are payable to the Secretary of State. Addresses on the application An applicant must provide both a business address and a residence address on the Notary Public Application. The notary s names and all addresses are the only portion of the notary application that is made available to the public upon request. The notary public applicant may provide a mailing address that is different from their business and residence addresses. Name of business As part of the business address, a notary public must state the name of the business for which the notary public will perform a majority of their notarial services. Notaries who will perform services for an employer, or at their employer s business location, should list the name and address of their employer. If the notary public is not performing a majority of their notarial services for an employer, is not employed or is self-employed, then the Secretary of State s office requests that self or selfemployed be entered for the name of the business on the application. If there will be no single location where the notary public will perform a majority of their notarial services, the business address will be the location where the notary public performs the greatest number of services, or the address where the notary public receives mail related to their notary public commission. The notary will be commissioned in the county which is listed as the primary county of business regardless of the county of residence! Post office boxes 9

10 A notary public may not use a private commercial mailbox or post office box as the address for his or her residence or principal place of business unless the notary public also provides the California Secretary of State with a physical street address of their principal place of residence. The California Secretary of State must have record of a notary public s actual residence address. Mailing address A mailing address different from the business and residence addresses is not required but, may be used if a notary public receives mail at a post office box or private commercial mailbox. Disclosure of arrests, convictions, and pending trials The application will also include information regarding criminal arrests or convictions, which will be used by the Secretary of State to complete your background check. An applicant must disclose any arrests for which trial is pending and any conviction, whether or not the conviction may be a disqualifying conviction, and regardless of where and when the conviction occurred, including any dismissed convictions upon completion of probation. (See California Penal Code sections or a) Juvenile convictions and traffic offences may be excluded. Convictions and arrests for which a trial is pending must also be disclosed, even those convictions that were disclosed on a previous application. Failure to list convictions or arrests for which a trial is pending may be noted by the Secretary of State as a substantial and material misstatement and/or omission on your application, and may be cause for denial of commission. The key point to remember is that the application for appointment as a notary public must be complete without any omission or misstatement of required information. If you cannot recall the specifics about your arrest(s) and/or conviction(s), you can contact the California Department of Justice at (916)

11 Note regarding the live scan results If you contact the Secretary of State regarding the status of your commission, please note that if the response from the Secretary of State is that they have not yet received your live scan (fingerprints), that usually means that they have not received the results back from the FBI or the DOJ. It does not necessarily mean that the DOJ or FBI has not received the prints. Be sure to save your form from the live scan company so you can follow up if there are any delays. You will need the ATI number on that form. Submit your fingerprints early! The earlier the better! Child support requirements Anyone not in compliance with child support payments may have their applications denied or may receive a temporary commission only. Notaries who do not remain in compliance with child support requirements may have their commissions suspended or revoked by the Secretary of State. What you can expect in a few weeks You will receive notification of passing your notary exam by in 10 to 15 business days. After passing your exam, you simply need to wait for the completion of your criminal background check. Receiving your commission packet in the mail Upon receipt of your letter of commission, you will have thirty (30) calendar days from the commencement date stated on your letter of commission as the date the commission was granted to take an oath of office and file a bond with the Office of the County Clerk in the county in which you indicate on your application as your principal county of business. That county is the county where your business is 11

12 located. If you are receiving most of your notary requests at your home office because you are a mobile notary, than your business county also happens to be the county of your residence. The notary public s commission becomes effective on the date that the notary public files their oath of office and a surety bond with the county clerk s office. Once you receive the Letter of Commission, you must purchase your notary bond. The cost of this bond is usually no more than $38 for all four years. Your notary surety bond must be purchased from a California admitted surety company and must be in the amount of $15,000. The notary and the surety company named on the bond are financially liable for notarial acts completed improperly, illegally, or through negligence. The bond offers protection to the public in the event the notary is found financially liable for negligent or misconduct and in no way protects you. This bond is not liability insurance for you! It is designed as a limited source of funds, but the notary may be responsible for repayment to the surety company in addition to any amount of liability above the $15,000. Although it is not legally required, many notaries purchase a separate Errors and Omissions insurance policy for additional personal protection. We recommend $38 for all four years as of this printing. $100,000 E&O insurance is only $170 for all four yeas with this company. Filing your oath and bond You may take and subscribe your oath at the office of the County Clerk or in front of another notary public within that same county where the oath and bond are to be filed. The notary will require the oath and will notarize your signature on the document to be filed, and if you send it to the county recorder by mail, it must be sent by certified mail or any means whereby you can retain a receipt. 12

13 If you choose to send it by certified mail or similar manner, you, the applicant will bear responsibility for both the oath and bond to be satisfactorily received and filed within the 30-day period. Please note that the thirty (30) calendar days begin on the commencement date as stated on the Letter of Commission and not the day you received the letter from the Secretary of State. If you have not obtained a bond or have forgotten to bring your bond to the County Clerk s office along with your oath, you will not be able to use anything in lieu of the bond so you will not be able to complete the process until you obtain and are able to properly present the bond. When you file your oath and bond with the county recorder, it will be necessary to pay two fees to the county: a recording fee and a filing fee. The fees can differ significantly by county. You should strongly consider filing your oath and bond in person! Your commission is not valid (effective) until you have satisfactorily taken, subscribed, and filed the oath and bond. Failure to file your oath and bond within 30 calendar days will result in voidance of your commission. If your commission is voided, you will need to reapply all over again and pay $20 to submit a new notary application, and you may need to resubmit fingerprints via live scan again but, unless more than one year has gone by, you will not need to retake the exam and neither will you 13

14 need to re-take the notary course since the Proof of Completion is good for two years. If you choose to file in person, call your county clerk s office (county of business not necessarily county of residence), and make an appointment. Be sure you have already obtained your bond in the mail because you will usually need the bond number to make your appointment. DO NOT wait for this process or you may end up having to reapply as you only have 30 days to do everything required and that 30 days begins from the date specified as the commencement date and not the day you received the commission in the mail. Not a commissioned notary until oath and bond are on file Any person who provides notarial services or advertises as a notary public without being a duly commissioned notary is guilty of a misdemeanor, but if the act relates to documents associated with a Deed of Trust, it becomes a felony. Authorization to manufacture notary seals When you receive the letter of commission from the Secretary of State, you will also receive a letter of authorization to manufacture your Notary Seal and a listing of authorized seal manufacturers. You do NOT need to have possession of the notary seal in order to file your oath and bond. You will send your original authorization to the seal manufacturer of your choice. 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 authorization to manufacture a notary seal. 14

15 CHAPTER 3 INDEPENDENT NOTARIES AND EMPLOYEE NOTARIES Independent Notaries Public Independent notaries are those individuals who have sought a notary commission on their own rather than through the request of an employer. Employee Notaries Public While many notaries seek a commission in order to provide notarial services to the general public, often notary applicants pursue a commission specifically at the request of an employer. There are three categories of notaries public who obtain a commission as an employee notary public: A notary public working for a private employer. Those employed by the state of California, city, county public agency, or public school district. Those notaries public appointed on a military or naval reservation. Private employer Notaries who are notarizing documents in the capacity of an employee for the purposes of the employer may, upon arrangement with their employer, have their notarial services limited to the purposes of the employer during their hours of employment. California notaries personally own their commission, notary seal, and bond regardless of who paid for them. Private employer notaries retain the right to notarize for the public on their own time outside of their employment hours but during working hours the employee and the employer may negotiate how much of the notary fees charged may be kept or remitted to the employer. 15

16 Employers retain the right to examine their employee s notarial records (journals) but may only examine those records that are associated with their place of business. The employee may never allow the employer to examine or remove the journal out of the presence and control of the notary. If the employer wants copies, they may only have copies of records associated with that place of employment and the notary must make the copies or supervise the copies being made. Private employer notaries may elect to retain their commission regardless of who paid for it should their employment terminate. If the notary chooses to resign his or her commission after changing employment, he or she must notify the Secretary of State in writing and turn in all notary journals to the county clerk s office where the current oath is on file, and must do so within thirty (30) calendar days and the notary seal must be defaced or destroyed. Should the employee notary elect to retain his or her commission after changing employment or a changing residential address, a Change of Address form must be completed and filed with the Secretary of State by certified mail within thirty (30) calendar days of the change of address. This form can be found on the Secretary of State website and there is no charge to submit the change. There is no requirement to file an amended oath and bond or to obtain a new notary seal even if the business address changes, but the notary may do that if desired. Name change procedures There is also no fee to notify the Secretary of State of a name change. If a notary changes his or her name, the notary must complete a name change application. There is no charge to submit a name change and the form can be found on the Secretary of State s website at The notary will need to obtain a new stamp within thirty (30) calendar days from the date stated on the amended commission. Of course, the sequential commission number and the expiration date will remain unchanged. Willful failure to notify the Secretary of State of a name change or address change is subject to a civil penalty imposed by the Secretary of State of up to $

17 The notary must also re-file an AMMENDED BOND that includes the name change with the county clerk within thirty (30) calendar days or the commission will not go into effect and will become void. Public entity employees: Those persons who have been appointed by the Secretary of State on behalf of a California state, city, county public agency, or public school district to serve as a notary public, for and on behalf of that public entity and, who have had their commissioning fees and other associated fees paid for by their employer, may only perform notarial acts on behalf of their public entity employer and are not permitted to notarize on their own time. You will remember that the private employer notary was able to negotiate the remittance of notary fees with their employer, but public entity employee notaries may not keep any of the fees and must remit any fees charged for notary services back to their employer. On termination or resignation from the public entity employer, these notaries may not choose to retain their commission but must resign their notary commission by sending an immediate written notification to the Secretary of State. Upon resignation, all notarial records must be delivered to the county clerk within thirty (30) calendar days of the resignation and the notary public s seal must be defaced or destroyed. 17

18 CHAPTER 4 COMPLETING THE NOTARY ACT Acknowledgments and Jurats The two most common Notary Acts are known as Taking an Acknowledgment and Administering a Jurat, and these processes are used for very different purposes. When a notary completes an Acknowledgment, the signer must acknowledge to the notary that they signed the document and the notary must obtain proper identification from the signer. The notary wording called an Acknowledgment will require the notary to sign which means that the notary is certifying that the signer was present, the signer was identified, and that the signer acknowledged to the notary that they signed the document. The notary acknowledgment form will already be included in the document or attached as a separate form. If the notary certificate language is not already on the document or added as a separate form to the document, the notary may not choose which notary act to preform unless that notary also happens to be an attorney. A non-attorney notary may never give legal advice and selecting which notary act to perform is not permitted. If a non-attorney notary does select the notary act for the document signer, then the notary has engaged in illegal practice of law which is subject to prosecution and a fine of up to $1,000 as well as a possible misdemeanor and sustain personal liabilities should there be any financial loss incurred as a result. Completing ACKNOWLEDGMENT wording All California Acknowledgments (and Jurats) must contain the following box with the disclaimer statement that the notary only certifies that they properly identified the signer and does not verify truthfulness, accuracy or validity of the document. This must be located directly and immediately above the venue (state and county) and must be enclosed. It also must be noted in a legible font or typeface. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This disclaimer statement became part of California Acknowledgment in January,

19 This is a correct California Acknowledgment Certificate A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ( Notary Seal) Signature Completing Acknowledgment wording A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Venue This is the physical county where the document signer personally appeared before the notary for signature notarization. This section is called the venue. The State must always be California as a California notary may not notarize outside of California. If this information has been filled in already and it is wrong, it must be changed. 19

20 Date The date must be the month, day, and year that the signer or signers personally appeared before the notary and acknowledged his/her/or their signature on the document. Before me The notary must enter his or her name in the section immediately after the words before me. The notary s name must be written exactly as it appears on the notary s seal and must be followed by the words, Notary Public. Failure to follow the notary s name with a comma and the words Notary Public will be cause for rejection by the office of the county clerk. Document signer s name Enter the name or names of the document signers who personally appear at the time of notarization. Never include the title of the signer (authorized capacity) in the Acknowledgment wording. Indicating the correct wording The notary should then indicate the correct pronouns, i.e. he/she/they; his/her/their in a manner that makes the selection obvious. Signing the Acknowledgment The notary must sign their name the same way they signed their oath with the county clerk. The Notary Seal The notary s seal is then placed on an area of the document in reasonably close proximity to the signature. If there is no room for the notary seal, a loose certificate acknowledgment page that contains the proper notary wording must be used instead. The notary seal must be legible and should not cover over any text or signatures. If the seal is smudged, do not try to fix it, rather it needs to be re-sealed properly. You will notice that towards the bottom of acknowledgment wording appears a clause that the notary is signing under PENALTY OF PERJURY. The Acknowledgment verbiage must be completed at the time the seal and notary s signature are placed onto the document and that information must be truthfully recorded by the notary. Falsifying an Acknowledgment can subject the notary to a civil penalty of up to $10,000 which may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court. 20

21 Obviously, the notary s commission can be suspended or revoked and can also be charged with a felony. The possible incarceration penalty can be 2, 3, or 4 years in prison. As always with any notarial misconduct, the notary may be required to repay any financial liabilities that may have resulted from the falsification. While a notary is not responsible for the content within a document, the notary may never notarize a signature on a document if the notary knows that the document contains false information. Notarizing signatures on documents that the notary knows contains false information is a misdemeanor. Acknowledgment wording must be correct Acknowledgment verbiage is very important especially with documents to be filed in California. We are allowed to use acknowledgment wording from other states if that document will be used or recorded in that state, but for all documents being used or recorded in California, the wording on the acknowledgment must be correct. If it is not correct, the notary must attach the correct wording with a correct loose certificate or All Purpose Acknowledgment form. This must be attached with a staple. The notary will complete the correct acknowledgment and the notary seal must be placed onto that acknowledgment, not the incorrect one. The notary seal may never be placed onto an acknowledgment that does not use acceptable wording. Acknowledgment wording from other states While California state law allows California notaries to use the Acknowledgment verbiage from other states, we may not use that wording if it requires us to do something that is illegal for a notary in California such as verifying authorized capacity or using personal knowledge as satisfactory identification. If that state s notary wording requires a California notary to do something illegal, we are then obligated to use 21

22 California acknowledgment wording (attaching a loose certificate) even if it is going back to that other state. JURATS Notice that an acknowledgment does not require the signer to swear or affirm the truthfulness of the statements within those documents! When a signer must swear to the notary that the contents within the document are true, a completely different notary act is performed and that notary act is called administering a Jurat and, as we will see, the notary will complete notary wording which is different from acknowledgment wording. This notary act is sometimes also referred to as taking an affidavit since an affidavit is a sworn statement. The notary must administer an oath or affirmation when completing a Jurat. There is no exact required wording but an example of an affirmation would be: Do you swear under the penalty of perjury that the contents in this document are the truth, the whole truth, and nothing but the truth? The affiant (the person making the affidavit) must reply affirmatively or the notary process cannot continue. If the notary chooses to use the phrase so help you God, the affirmation becomes an oath. While it is not a legal requirement, many notaries public require the affiant to raise his or her right hand in order to communicate a greater degree of seriousness for the process. A notary may not notarize a signature on any document if the notary knows the information in the document is false or has been derived by false pretenses and if the notary does that, the notary has committed a misdemeanor. Completing proper Jurat wording for California Proper Jurat wording beginning 2015 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Subscribed and sworn to (or affirmed) before me on this day of, 20 by, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Notary Seal) The document signer s name(s) must be inserted into the next portion after the word by indicating that the document signer subscribed and swore (or affirmed) that the contents of the document were true to the best of their knowledge. The notary will sign the Jurat form 22

23 with the same signature as is on file with the county clerk and place the notary seal on the same side as the notary wording and as close to the notary s signature as possible. Improper Jurat wording Jurat wording for all documents regardless of where they may be sent must comply with California Jurat wording. The wording for Jurats must be in the exact form as we just noted on the previous page which most notably includes a statement that the signer provided satisfactory identification to the notary upon signing. Many other states notary wording do not include that statement. If the wording is not correct, the notary must modify the wording by either adding a loose Jurat certificate to the back or, if there is room on the document, a legible, clear, and unobstructed imprint using a stamp with correct wording is sufficient. Mistakes require additional notarial acts The notary act, whether taking an acknowledgment or administering a Jurat always requires numerous steps including obtaining identification and entering information in the journal. The last step should be the placement of the notary s seal. Once the seal is placed, if the notary has made an error, the notary act must be completed all over again. In other words, no one, including the notary may alter the notary wording once completed. For example, suppose the notary misspelled the signer s name on the acknowledgment or Jurat form and it is later brought to the notary s attention. It is illegal for the notary or anyone else to modify that notarial wording even if it is to insert a middle initial, for example. The entire notary act must be re-done which means the signer must re-appear before the notary and the process must be completed in entirety all over again. A new journal entry must also be made since this is a new notary act. 23

24 CHAPTER 5 PROPER IDENTIFICATION Personal knowledge alone between the document signer and the notary is not acceptable identification for a notary in California. Acceptable identification documents: Requirements of acceptable identification Must be current or issued within 5 years Serial Number Contains the name of the signer Photograph of the signer Signature of the person* Physical description* Driver s License or DMV Identification - Any state (Not temporary paper licenses) Driver s licenses issued by Canada or Mexico An employee identification card issued by any California state, county or city agency or office. Military identification card Some military cards are not signed and have no physical description of the person. The information is contained on a chip embedded into the card. These types of military ID cards are not acceptable. A valid consular identification document issued by a consulate from the applicant s country of citizenship, or a valid passport from the applicant s country of citizenship; An identification card issued by a federally recognized tribal government Foreign country passports The identification documents below may also be used even though they will not contain all of the above listed requirements. United States Passport* Does not require a physical description 24

25 An inmate identification card that has been issued by the Department of Corrections and Rehabilitation, but only for inmates in custody in a California STATE prison and if the card is current or has been issued within 5 years. These cards are not required to have the signature or a physical description. Any form of inmate identification issued by a sheriff s department, if the inmate is in custody in a local detention facility. The use of other people as identification- Credible Witness(es) What can be done if someone does not have an identification document available? Remember that it is not acceptable for a notary to use personal knowledge to identify a document signer, but if someone does not have an acceptable identification form, the notary is permitted to use the oath of another person who personally knows the document signer and personally knows the notary. If no person can be found who knows both the notary and the signer, the oaths of two people who both personally know the document signer can be used instead. It is through the oaths of these individuals that we identify the document signer and this process is called using credible witnesses. Credible witnesses must be able to present a satisfactory form of identification to the notary and if using two credible witnesses, the notary must record that information into the journal and both credible witnesses must sign the journal. But, if the notary uses only one credible witness, the notary must either record the ID information or have the credible witness sign the journal. The Secretary of State recommends that when using a single credible witness, even though it is permissible to obtain either the signature of the credible witness in the journal or a journal record of the identification information presented to the notary, the best practice is to obtain both the signature and the identification information. Using witnesses for a person signing by mark If the signer of an instrument cannot write (sign) his or her name, that person may sign by mark (x). It does not need to be an x but can be any mark so long as the mark is made onto the document under his or her own power and the physical making of the mark has been properly witnessed. 25

26 The signer s mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. X John Zimmer by: Mary Jones Witness #1 Peter R. Roberts Witness #2 Only one witness is required to subscribe the document signer s name, but both witnesses sign the document. The witnesses are only verifying that they witnessed the individual make his or her mark under his or her own power. All persons signing a document must be able to sign under his or her own power except that another person may physically support the arm or hand of the signer. Assistance precludes manipulation of the signer s ability to create the signature on his own. A notary public is not required to identify the two persons who witnessed the signing by mark. The witnesses do not need to know the signer or the notary, nor do they need to know each other and it does not matter if they may have a financial interest in the document. When a notary completes a notary act for a person who is signing by mark, he or she must still verify the identity of the person signing by mark. In addition, that person must also sign the journal with his or her mark. Someone must write the person s name next to the mark made in the journal. Typically one of the witnesses will do this, but it could be anyone else as well. Whoever writes the name of the document signer in the journal must also sign the journal. To clarify, neither witness is required to sign the journal but both must sign the document. Someone, if not one of the witnesses, then someone else, must also write out the name of the person next to his or her mark in the journal and then sign the journal. 26

27 Subscribing Witnesses (Proof of Execution) What happens when someone needs to sign a document which requires notarization but that signer cannot personally appear before a notary? Not because they do not want to take the time to appear, but circumstances make it impossible for him or her to appear. There is a process whereby the document signer may ask someone else to take the document to a notary for notarization on his or her behalf and swear to the notary that they know the signature on the document was placed there by the one named in the document. The notary is going to complete notary wording called a Proof of Execution. Tanya Traveler Understanding the Proof of Execution Suppose Tanya Traveler has had an unfortunate circumstance and is currently in a hospital in an area that is secluded or in a very rural area where there is no notary available to come to her. Tanya can ask someone else, a friend or perhaps a colleague to watch her sign or she can acknowledge to that friend that she signed and she will ask him or her to take the document to a notary for her. As long as the document is not a real-estate document*, Power of Attorney, mortgage, security agreement or any document that requires a notary to obtain a thumbprint from the document signer, or a document that requires a Jurat, she may ask anyone else who she personally knows to take the document to the notary on her behalf. Tanya must first acknowledge to that person that she signed the document. So, for our story, Tanya asks a long-time work colleague, Samuel Scribe, who came to visit her personally in the hospital, to take the document to a notary for her. Just as if she had appeared before a notary herself, Tanya must personally acknowledge her signature on the document by signing in front of her colleague or stating to the colleague that she already signed the document. This acknowledgment cannot be done over the phone, video, text or . This colleague, Samuel Scribe is now called a Subscribing Witness because he either saw her sign the document or she personally told him that she signed. The next step is for the subscribing witness to find someone who personally knows him and who personally knows a notary public to go along with him in order to have the notary identify him. This is because the notary is required to use a credible witness for identification and is not permitted to use identification documents such as a driver s license or passport to identify him. 27

28 Let s review up until now! So Tanya has signed the document while in the hospital in front of her colleague or acknowledged to her colleague that she signed. Her colleague, Samuel Scribe can now take the document to a notary for her and the notary is going to complete a notary act called a Proof of Execution. Samuel Scribe must find someone who knows him and knows a notary public to finalize the notary process who will be a credible witness for Samuel. It is important to remember here that a credible witness cannot have a beneficial or financial interest in the document being notarized. Let s interject here that this notarial process is not often requested and most notaries never do this in their entire career, but you may need to know this for the exam. Appearing before the notary Sam is the subscribing witness who will swear an oath to the notary that he knows the signature on the document was placed there by Tanya, the principal. The notary must use an acceptable form of identification to properly identify Sam, the Subscribing Witness and the only acceptable identification form when identifying Subscribing Witnesses is a single Credible Witness who knows not only Sam, but also knows the notary personally. After all, that is the definition of a single credible witness. Fortunately for Samuel, his close friend, Freddie Friend is married to a notary public so Samuel goes with his friend to complete the notary process. The principal Samuel Scribe Freddie Friend The notary public Tanya Traveler Samuel Scribe Freddie Friend The notary public There is an important chain of personal knowledge from the notary back to the original document signer. 28

29 The identity of the subscribing witness must be established with the oath of a credible witness. If no single credible witness can be found who knows both the subscribing witness and the notary public, the Proof of Execution cannot be done! The Subscribing witness will swear an oath or affirmation to the notary 1) That the person who is named in the document is the person who signed the document; 2) That signer acknowledged signing the document while physically in his presence; 3) That the signer requested that he take the document to a notary public. 4) That the signer asked the Subscribing Witness to also sign the document, but as a Witness. The signer (principal) must grant the authority for the subscribing witness to sign and he cannot sign without that authority. It is this oath that proves the identity of the principal who places her signature on the document. That is why this process is called Proof of Execution. Since the subscribing witness swore an oath to the notary, he must also sign the document, but he signs the document as the subscribing witness. Remember that a notary cannot perform a notary procedure for someone who does not personally appear so the notary cannot complete the acknowledgment wording on the document which is intended for the original signer since she is not present. That means the notary must complete a notary act for the person who is present, namely the subscribing witness. After signing the document as a subscribing witness, the notary must then require that the credible witness, who is personally known by the notary and personally knows the subscribing witness, swear an oath or affirmation to the notary that he or she personally knows the subscribing witness. All of this information will be used to then complete the Proof of Execution or sometimes referred to as the Subscribing Witness Jurat. Let s note once again exactly what is proven to the notary with this Proof of Execution. 1) The oath of the subscribing witness proves that: a. The signature on the document was acknowledged to the subscribing witness; b. This acknowledgment took place in person; c. That the person who signed the document is the same person as named within the document; d. The subscribing witness personally knows the document signer. 2) The oath of the credible witness proves that: a. The credible witness personally knows the subscribing witness. 29

30 Proof of Execution by a SUBSCRIBING WITNESS (Subscribing Witness Jurat) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) The same disclaimer wording must be included in a Proof of Execution as is included in an Acknowledgment and Jurat effective January 1, Today s date Name of Notary On, before me,, Notary Public, personally appeared Name of Subscribing Witness proved to me to be the person whose name is subscribed to the within instrument, as a Name of Credible Witness witness thereto, on the oath of, a credible witness who is known to me and provided a satisfactory identifying document. Name of Subscribing Witness, being by me duly sworn, said that he/she was (name of subscribing witness) present and saw/heard Name of the original document signer (name[s] of principal[s]) the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party (ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of Name of the original document signer (name[s] of principal[s]). WITNESS my hand and official seal. Notary Signature (Notary Seal) The subscribing witness must also sign the notary s official journal and of course, as is always the case with using a single credible witness, the notary must still physically inspect 30

31 the credible witness identification document and then require that the credible witness either sign the notary journal or the notary must record the credible witness s identification information into the journal. Once again, it is advisable to obtain both the signature and the identification information in the notary journal. You may have remembered an earlier discussion that the notary is not permitted to use identification documents to verify the identity of the subscribing witness, but remember that the notary is not using an identification document to verify the subscribing witness s identity here. The notary verified the subscribing witness s identity with the oath of the credible witness. Just keep in mind, even though there is personal knowledge between the notary and the credible witness, the notary must still physically see the satisfactory identification document for the credible witness, or that credible witness cannot be used. Finally, as we will learn in the next chapter, there are some documents that will require a thumbprint be placed into the journal. The Proof of Execution procedure we just discussed may not be used with any Power of Attorney, Grant Deed, Mortgage, Deed of Trust, Quitclaim Deed, Security Agreement, or any document affecting real property* or any other document that requires the notary public to obtain a thumbprint in the notary public journal from the party signing the document. Proofs of Execution also may not be used if the document requires a Jurat since the signer is not personally present before the notary at the time an oath is taken as required in the Jurat process. 31

32 CHAPTER 6 THE NOTARY JOURNAL AND SEAL JOURNAL RECORDS The notary is permitted to keep only one active sequential journal at a time, which must contain the record all official acts performed as a notary public. Both the journal and seal always be kept in a locked and secured area, under the direct and exclusive control of the notary when not in use. A secured area requires exclusive access by the notary. A locked room or desk whereby another person has access with a key is not sufficiently secured. All notary acts must be properly recorded in that notarial journal including records of notarial acts made on behalf of an employer. If the notary wants to notarize for the public outside of regular business hours, the same notary journal must be used as the notary may only use one journal at a time regardless of what they are notarizing. A notary may never relinquish direct and exclusive control over his or her notary seal or notary journal and may never turn over notarial journals or notary seals over to their employers upon termination of their employment. If the employer of a notary public wants to have copies of the notary journal records pertaining to the business, the notary must supervise the process of copying those journal entries. The journal must remain in constant presence with the notary while the journal line item or pages are copied. 32

33 The journal must contain the following information: Type of notary act Statement regarding satisfactory evidence Identification method Date and time of notary act Name or Character of the document Fee charged Identity document information or credible witness information and/or signature Signature of document signer Identity document information or second credible witness information and signature of credible witness Thumbprint of the document signer if the document is a Power of Attorney, and for any other document affecting real property including Deeds, Quitclaim Deeds, Deeds of Trust, Security Agreements and Mortgages. ***Please note that not all documents with the word Deed in their title require a right thumbprint! For example, Thumbprints are not required for Deeds of Reconveyance or for a Trustee s Deed resulting from a decree of foreclosure or nonjudicial foreclosure pursuant to Civil Code section If the right thumbprint is unavailable, use a left thumbprint or any available finger, but be sure to indicate what was used. If the signer is unable to provide a print, the notary must document the inability and state an explanation as to why the fingerprint was unavailable. Failure to obtain a thumbprint when required is subject to a civil penalty of up to $2,

34 Record the following information from the identification document used: Identity document information if using an identity document Name of identification document used Serial number Date of expiration or issuance Stolen, lost, destroyed notary journals or notary seals If the journal or seal is stolen, lost, destroyed, damaged, or otherwise rendered unusable, the notary public must immediately notify the Secretary of State by certified or registered mail. If the journal is later found, it may no longer be used for new entries. If the notary seal is later found that notary seal may still be used but the notary should again notify the Secretary of State that the notary seal was found. Willful failure to report the theft or loss of a journal or seal is grounds for suspension or revocation of the notary s commission. A civil penalty (fine) of up to $1,500 can be imposed for failure to notify the Secretary of State of a lost or stolen notary seal or journal. 34

35 Surrendering the journal to the County Clerk or a peace officer Unless presented with a court order, the notary may not surrender the journal to any person, except the County Clerk, or to a peace officer who is acting in his or her official capacity and within his or her authority. The peace officer must have probable cause to believe the journal contains evidence of a criminal offense. The peace officer that seizes the journal must notify the Secretary of State within 24 hours or as soon as possible with the name of the notary public whose journal was seized. The notary must comply with the request from the peace officer immediately or as soon as possible if the journal is not in his or her possession. The willful failure to provide the journal to a peace officer when requested is punishable by a civil penalty of up to $2,500 from the Secretary of State or public prosecutor and suspension or revocation of the commission. The peace officer, if acting within his or her authority, may also examine a notary public s pertinent records whether or not a request is made of the notary to surrender those records. If the journal is surrendered, the notary must obtain a receipt for the journal and notify the Secretary of State within ten (10) calendar days by certified mail that the journal was relinquished to a peace officer. The notification must include: The period of journal entries, The commission number of the notary public, The expiration date of the commission, And a photocopy of the receipt. If that journal is later returned, the notary may not make any additional entries in that journal. Providing copies of journal entries to the public If the notary receives a request from any member of the public to provide a copy of a specific entry, the notary has fifteen (15) business days to comply by providing either the copy as requested, or a statement that no such item exists. Any member of the public may request a copy of a journal entry, but they must include in that written request: The name of the parties, 35

36 The type of document, And the month and year in which notarized. Remember that the notary may not provide certified copies of journal records to anyone except upon the order of a subpoena or at the demand of the Secretary of State so these copies will be regular plain copies. While employers may request copies of journal entries, the notary may not permit the employer to have copies of records not associated with that place of business and the notary must either make the copies or supervise the copies being made. When to turn journals into the County Clerk s office Notaries do not begin a new journal when recommissioning as long as less than the thirty (30) calendar days has passed between commissions. Notaries hold onto their journals continually even through multiple commissions so long as not more than 30 days goes by between valid commissions. There is no requirement to put a new commission number in the notary journal between commissions. If the notary resigns his or her commission or allows more than thirty (30) days to pass after his or her commission expires without recommissioning, the notary must turn in his or her journal to the County Clerk s office where the oath is on file and the Secretary of State should be notified. Failure to do so could result in a misdemeanor. Documents delivered to the Secretary of State will be returned to the sender. If the notary is unable to deliver the journals (either through illness or death), someone appointed on the notary s behalf should follow this requirement on behalf of the notary. Keep in mind from a previous chapter that public entity employee notaries must resign their commission if they resign, retire, or otherwise leave that employer. They will be required to turn their journals over to the County Clerk s office within 30 days because it will take more than that period of time even if they wish to begin the process of recommissioning. 36

37 THE NOTARY SEAL Sequential Commission Number (added in 1992) Name of Notary Manufacturer or vendor number (added in 1992) California State Seal County where oath and bond are filed Serrated or milled edge border Commission Expiration Date The notary seal may be rectangular in shape but cannot exceed 2 1/2 inches in length and 1 inch in width. A circular seal may also be used as long as it contains all of the required information and is no more than 2 in diameter. There is no ink color requirement for the notary seal other than it must be photographically reproducible and all parts of the seal must be legible. Almost all notary seals in California are black ink, but other colors may be permitted as long as they are photographically reproducible. Even though other colors are permitted, we recommend black ink to minimize the chances of the document not being recorded. Notary embosser stamps may be used in California as long as the imprint is inked and photographically reproducible. Sometimes a round impression of a non-inked embosser is requested by clients and in particular might be used for documents that may be going outside of the United States, but using a non-inked embosser that does not leave a photographically reproducible image exclusively on the document is not permitted. 37

38 If a notary seal is damaged, lost, or stolen, the notary must obtain another authorization from the Secretary of State to order a new seal. That authorization then needs to be sent to an authorized seal manufacturer and the new seal will be mailed or otherwise shipped to you usually in three to five business days. The entire process of reporting your lost or damaged seal, receiving authorization to manufacture another seal, the manufacturing process and shipping can take several weeks. Having an extra notary seal on hand during this time is extremely beneficial. For a document to be properly notarized, you must imprint your seal on the document but that image may only go on the document that has proper notarial wording. Any notarized document must contain the imprint of the seal in a clear, photographically reproducible manner. You should not affix your seal over a printed or written portion of the document. Illegible or improperly placed seals can be cause for rejection by the County Recorder. The notary seal image must leave a clear impression without covering any printed material or signatures on the page. Never attempt to fix an illegible impression. If needed, re-seal or use an allpurpose Acknowledgment or Jurat form and attach that form with the legible notary seal to the document. The only instance when an official notary seal is not required when notarizing a document is for an Acknowledgment of a California subdivision map. When notarizing this document, the notary must sign and directly underneath or next to the signature, type or print the following: The name of the notary public The county of the notary s principal place of business (this is the county where the oath and bond are on file) The commission expiration date of the notary public *Note that the commission number is not required for California subdivision maps. When the notary public commission is no longer valid the notary public seal must be destroyed to protect the notary from possible fraudulent use by another. A notary public may only use the notary public s seal or the title Notary Public for rendering notarial services. The notary seal may not be placed on any document that does not contain proper notarial wording. 38

39 CHAPTER 7 Miscellaneous Notary Laws Non-attorney notaries may not practice law A notary who is not an attorney is not authorized to complete or fill in documents for their clients nor may that notary select which notary act to perform. If notary wording is not on or attached to the document already, and the document does not provide instructions for which act to perform, the signer must call someone, perhaps the originator of the document or the party receiving the document to find out what is to be done. If the notary selects the notary act on behalf of the client, the notary can be charged with a $1,000 fine and a misdemeanor. Of course, as always, notarial misconduct can subject to the commission to suspension or revocation. Translation of Notary Public into Spanish prohibited There are many differences between notaries in other countries and the United States, which can lead to a misunderstanding of the role of a California notary. For example, notaries in many Spanish-speaking countries are attorneys who specialize in the notary laws of that country. Since a notary in California is not required to be an attorney, to avoid possible confusion, a notary may not translate the term Notary Public directly into Spanish. Specifically, a notary in California is prohibited from using notario público or notario in advertising, on business cards or any other form whatsoever. Proper posting if advertising notarial services in any non-english language If a notary advertises their services in another language other than English, the notary must also post along with that advertisement, the following statement in English and the other language: I am not an attorney and, therefore, cannot give legal advice about immigration matters or any other legal matters. The notary must also post their fees, which cannot exceed the legal fees for their services. Penalties for non-compliance The penalty for improperly translating notary public into Spanish or failing to properly post the above message into both languages if advertising notarial services 39

40 in any non-english language is $1,500 and includes revocation or suspension of the notary commission by the Secretary of State for not less than 1 year on the first offense and the commission will be revoked permanently on the second offense. Immigration forms While a notary may notarize immigration forms, only a person who is qualified and bonded as an immigration consultant under the Business and Professions Code may assist the client in completing immigration forms. A notary may not advertise in any manner whatsoever that he or she is a notary if the notary promotes himself or herself as an immigration specialist or consultant. The notary may not charge more than fifteen dollars ($15) for each set of forms unless the notary is also an attorney rendering services as an attorney. The notary wording whether an acknowledgment or Jurat must always be in English and the notary stamp must be placed onto the page that has the correct notary wording. If a translation of the notary wording is present, the notary must refuse to sign and stamp that notary wording but may add loose certificate with a staple and complete that wording instead. Notarizing false statements A notary may NEVER notarize any documents containing statements known by the notary to be false. A notary found guilty of doing so can be charged with a misdemeanor. Notaries do not certify documents Notaries in California do not certify copies of documents as being true or correct copies of the original except for their own journal entries and copies of an original Power of Attorney. We may be able to allow someone else to certify that a copy of a document is true and correct copy with an affidavit they are willing to sign, but we may never allow anyone to certify a copy of a vital statistic record such as a death certificate, birth certificate or marriage certificate. That person must go to the county clerk s office, a state register s office or county (perhaps conciliate) where the record was originally recorded to obtain a certified copy. Use of a certified birth certificate special circumstance Sometimes an affiant must use an affidavit to declare his or her identity. Of course, the notary would complete a Jurat because In effect, the signer will certify their own 40

41 vital information by swearing to the contents of a document containing that information. This document may be required by some types of immigration procedures from other countries. If the notary is requested to notarize such a document and it includes the signer s birthdate or age and a photograph or their fingerprints or thumbprints, then the notary public must require the signer to verify that birthdate or age by showing an acceptable identification card such as a driver s license issued by the California Department of Motor Vehicles or may provide the notary with a certified copy of the signer s birth certificate. This is the only instance when a certified copy of a birth certificate may be used for satisfactory evidence for identification and must be a certified copy as even the original birth certificate will not meet this requirement. 41

42 CHAPTER 8 ALLOWABLE NOTARY FEES Type of Notary Act Acknowledgments Jurats Certifying a copy of a Power of Attorney Subscribing Witness Jurat Competing immigration forms (if qualified) Providing a copy of a journal record Maximum allowable fee $15 / signature $15/ signature $15/ copy $15/ signature (Subscribing witness only) $15 plus $10 / signature $.30/ page Depositions $30 plus $7 for the oath and $7 for the certificate Depositions are not typically performed by notaries in California. Above are the maximum allowable fees for notary services and a notary may always charge less or waive the fee all together. Except for those notaries employed by certain public entities, notaries are not required to charge a fee. If no fee is charged, the notary is still required to enter $0 into their journal. Travel fees are not limited and are not included in these amounts. Notaries are always required to provide receipts when requested to do so. Circumstances where no fees may be charged No fees may be charged by a public entity notary public notarizing an affidavit, application, or voucher relating to securing a pension. No fees may be charged for verifying public election (voting) materials or a circulator s affidavit. A circulator s affidavit is an affidavit sworn to by someone who collects signatures for a public petition. No fees may be charged to a veteran for notarizing military pension, insurance, or benefit documents. No fees may be charged by notaries appointed to a military or naval reservation for any notarial service or act. 42

43 CHAPTER 9 FINES If a notary does anything illegal, they may be fines imposed (known as civil penalties), commission suspension or revocation (administrative penalties), financial liabilities for losses incurred and criminal liabilities (infractions, misdemeanors or felonies) for certain misconduct. First of all, there are six fine amounts we need to learn: $500, $750, $1,000, $1,500, $2,500 and $10,000. That sounds like a lot but in reality, we can condense this down rather efficiently. Let s try to simplify the fines for the exam by creating categories. 1. $500- Willful failure to change your name or address with the Secretary of State. a. Let s just call it name and address change. (The only infractions) 2. $750- Negligent failure to complete notarial duties and charging more than permissible by law for notarial services. a. Negligent failure to properly perform notarial duties is associated with carelessness or forgetfulness rather than intent to commit the act. Overcharging for services only pertains to charging more than the allowable fees for completing notarial acts such as $15 per signature on Acknowledgments, Jurats, and so on. Let s remember this category as Negligent Failure and Overcharging. (No criminal penalties) 3. $1,000- Practicing law without the authorization to do so. (Misdemeanor) 4. $1,500- Most notarial misconduct will fall under this category so it is a bit more difficult to reduce to just a few words for memorization, but let s give it a try. a. First of all, if a notary willfully fails to properly complete or perform notarial duties, (misdemeanor) or uses their notarial commission to take advantage of people by conduct or actions that are misleading or deceitful, including illegal advertising, ignoring rules applying to foreign language and immigration communities, or is otherwise fraudulent with the intent to benefit the notary or another person, the fine can be up to $1,500 and a misdemeanor. There are two more specific violations that may incur this $1,500 fine amount that do not necessarily fit within this 43

44 category but you may need to remember these two and they are failure to notify the Secretary of State of a lost or stolen notary seal and manufacturing a notary seal without having the authority to do so. 5. $2,500 Failure to obtain a right thumbprint when it is required in your notary journal or failure to cooperate with a peace officer regarding your notary journal can result in a $2,500 fine. 6. $10,000- A notary falsifying an acknowledgment (felony) can be fined up to $10,000 and failure to require identification for a credible witness. The $500, $1,000, $2,500 and the $10,000 fines are the easiest to remember; here are the shortcuts: 1. $500- Name and Address (infraction) 2. $1,000- Giving legal advice. (misdemeanor) 3. $2,500- Right thumbprint and failure to cooperate with a peace officer. 4. $10,000- Perjury (felony) and failure to identify credible witnesses. We have left only the following two but indeed, these are the two most difficult to remember: $750 (no criminal penalties) and $1,500 (usually misdemeanors). 1. $750 Negligent failure and overcharging. a. Failure to give the oath or affirmation for a Jurat. b. Failing to complete the acknowledgment at the time the signature and seal are placed onto the document. c. Negligent failure to properly maintain the journal. d. Negligent failure to require proper identification from a signer. e. Failing to provide information to the Secretary of State within 30 days of a written request or within the time specified in the written request. 2. $1,500 Willful failure, taking advantage or engaging in deceitful or fraudulent behavior, failure to notify the SOS of a lost seal, violation of language requirements. a. The use of false or misleading advertising wherein the notary public has represented that he or she has duties, rights, or privileges that he or she does not possess. b. Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another. c. Execution of any certificate as a notary public containing a statement known to the notary public to be false. 44

45 d. Violating the prohibition against a notary public who holds himself or herself out as an immigration specialist or consultant advertising that he or she is a notary public. e. Violating the restrictions on charging to assist in the completion of immigration forms. f. Violating the restrictions on advertising notarial services in a language other than English. g. Literally translating the words notary public into Spanish. h. Willfully failing to discharge fully and faithfully any of the duties or responsibilities required of a notary public. i. Unauthorized manufacture, duplication, or sale of the notary public seal. j. Failure to notify the California Secretary of State that a notary public seal is lost, stolen, destroyed or damaged. So this short summary covers about 90%: Name and address-$500; (these are the only infractions which do not include potential incarceration) negligent failure and overcharging-$750 but no criminal liabilities; giving legal advice-$1,000 and a misdemeanor. Most misconduct is a $1,500 fine and a misdemeanor especially if it is willful or the notary is taking advantage of people. Misdemeanors mean that there is a potential incarceration period in jail of up to one year. The two exceptions to willful failure being a misdemeanor are willful failure to notify the SOS of a name and address change which are infractions only. Failing to follow thumbprint requirements in the journal or cooperating with peace officer is a $2,500 fine and if it is willful, becomes a misdemeanor. Misconduct relating to Deeds of Trust or Property Transfer documents becomes a felony (subject to imprisonment for over one year and in the case of perjury, two, three or four years) and falsifying acknowledgments is a felony and can also lead to incarceration and a fine of up to $10,000. All misconduct can lead to suspension or revocation of a commission as well as financial liabilities should anyone suffer financial loss as a result of that illegal conduct. Don t become too anxious about remembering the fines for the exam. The exam has 30 questions, multiple choice and you have 50 minutes. Most questions will not cover fines. Try to remember what you can without making your head explode in the process. Do not stress on the fine amounts! 45

46 If you want a fun way to practice memorizing the fine amounts for the exam and have some extra time, try the online games available in your student services link at. 46