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A comprehensive overview of the duties and responsibilities of a notary public in the state of california. It covers a wide range of topics, including the proper handling of the notary seal, the requirements for identifying signers, the procedures for administering oaths and affirmations, the types of documents that can be notarized, the fees that can be charged, and the legal obligations of a notary. The document also discusses the different types of notaries, such as those employed by public agencies or the military, and the specific rules and regulations that apply to each. Overall, this document serves as a valuable resource for anyone seeking to understand the role and responsibilities of a notary public in california.
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Upon receiving the letter of commission, where should the notary file his/her oath and bond? - ANSWER- The office of the County Clerk in the county where the notary maintains his/her principal place of business Nancy Notary's father, who is also her employer, asked her to notarize documents for the sale of business property whereby Nancy is named as one of the grantees. What is the appropriate response from Nancy Notary? - ANSWER- Nancy should explain that she may not notarize the documents because she is named as a principal even though she is acting in the capacity of an employee. What is the purpose of the $15,000 surety bond? - ANSWER- To provide a limited fund to reimburse members of the public who are damaged by notarial misconduct. The Venue specifically indicates: - ANSWER- The State and County where the notary and the signer of the document were physically located at the time of signing. The Proof of Execution by Subscribing Witness Certificate is used when a document signer cannot appear personally appear before the notary. All of the following are true about this notary process, except? - ANSWER- The signer of the document must put his thumbprint in the notary's journal. When Nancy Notary arrived at the nursing home to notarize a Power of Attorney for Bill, a patient there, Nancy realized that Bill was unable to make his 2 signature and had to use the Signature by Mark process. She used two witnesses to watch Bill make his mark on the Power of Attorney and her notary journal. Who must write Bill's name and sign his or her name in the journal next to Bill's mark? - 3 ANSWER- The witness who wrote Bill's name next to Bill's mark on the document or the notary. Which of the following notaries can notarize a document even if he or she is gaining financial compensation from the transaction? - ANSWER- None of the above Which document must the notary notarize for free? - ANSWER- document relating to nomination for public office Marilyn will not be renewing her commission. What must she do with her Notary seal? - ANSWER- Deface or destroy the seal Nancy notary is also an escrow officer; she earns a bonus from her company for processing the sale of a property for one of the clients. She may: - ANSWER- notarize the document involving this transaction.
Who may request a certified copy of a notary's journal entry? - ANSWER- Secretary of State When an advertisement in Spanish says "Notario Publico," what is the maximum the advertising notary can be fined?
his body. His California Driver License was burned in the fire. The nurse in charge of Paul's care limits the number of people in Paul's room. How must Nancy proceed since she does not know anyone who is present? - ANSWER- Use two credible witnesses who have their specified paper identification documents Mr. Smith brings a document to Mary a notary public to be notarized. Mary will mark in her journal that it was a Jurat. What identifying wording did she rely on? - ANSWER- "Subscribed and sworn to (or affirmed) before me". When would a notary public notarize a document using a Signature by Mark? - ANSWER- When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. When the notary willfully states as true a material fact and/or falsifies a certificate of acknowledgment. What are the penalties? - ANSWER- All of the above What is the purpose of the $15,000 surety bond? - ANSWER- Which of the following are possible $1,500 fines? Which of the following are possible $1,500 fines? - ANSWER- All of the above.Critical commencement date - ANSWER- commencement date stated in the commission NOT date commission was issued or mailed Who issues commission? - ANSWER- Secretary of State When does commission become valid - ANSWER- After taking oath of office and bond are filed on time Who do you file oath and bond with - ANSWER- county clerk Where is a notary's commission limited to? - ANSWER- State of california; not only a certain county What kind of bond and how much needs to be filed - ANSWER- Surety 15, What is the purpose of the surety bond - ANSWER- reimburse members of the public that are damaged by notarial misconduct May still be liable for damages, costs and attorney's fees exceeding policy limits What kind of notary publics are not allowed to perform notorial acts on their own time? - ANSWER- Notaries appointed by Secretart of State who serve as notary public on behalf of the state, city or county public agency What are the restrictions of becoming a notary on a military or naval reservation - ANSWER- - doesnt have to be a CA resident
What does a notary need to do to perform an oath or affirmation and jurat - ANSWER- - confirm their identity (satisfactory evidence)
Does the notary public need to confirm the identity of the maker of the mark - ANSWER- YES How and when does a signer acknowledge or subscribe and swear to an affidavit his or her signature on a document - ANSWER- By making a mark where signature should be IN THE PRESENCE of the notary How many witnesses must observe the signer making their mark - ANSWER- two 15 What are duties of the two witnesses - ANSWER- - must sign names next to the mark
What are the two ways in which a Notary may file an oat of office? - ANSWER- In person: a county clerk employee will administer the oath of office and identify the Notary. By mail or physical delivery that provides a receipt: another Notary in the same county where the Notary is filing the oat and bond will administer the oat of office. 19 Where is the Notary's bond purchased? - ANSWER- from a California Admitted Surety Insurer in the amount of $15, When may a Notary begin notarizing? - ANSWER- Once the oath and bond are filed. What are the three types of special appointments for a Notary? - ANSWER- - Military Base
What are the two circumstances in which the SOS will make a request of the Notary? - ANSWER- - Information about a notarial act
Willful failure to surrender the journal to a peace officer is punishable with a fine up to - ANSWER- $ When does a notary have to notify SOS of a lost stolen misplaced destroyed or damaged journal? - ANSWER- immediately Notarial Certificates must contain - ANSWER- 1. Notice