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- Which of the following statements is not correct?
A. The fee for a notary public commission is $60
B. The Secretary of State commissions notaries public
C. The term of a notary public commission is 2 years
D. Notary public examinations are scheduled throughout NYS
The term of a notary public commission is 2 years
Notaries public are commissioned in –
A. Their city of residence
B. The city where they are employed
C. Their county of residence
D. Their town or village of residence
Their county of residence
- Which of the following statements is not correct? No person shall be appointed as a notary public who has been convicted of __.
Any misdemeanor
The county clerk and register of any county with whom a certificate of official character has been filed shall collect for the filing-
A. $2
B. $4
C. $5
D. $10
$10
A notary public who is removed from office and then executes any instrument as a notary public is guilty of a –
A. Violation
B. Petty offense
C. Misdemeanor
D. Felony
Misdemeanor
Which of the following is not eligible for the office of notary public?
A. Commissioner of elections
B. Sheriff
C. Member of the legislature
D. Inspector of elections
Sheriff
Fee for an oath or affirmation-
A. $2
B. $4
C. $5
D. $10
$2
The signature and seal of a county clerk upon a certificate of official character of a notary public may be:
- Facsimile 2. Printed 3. Stamped 4. Photographed or engraved thereon
A. 1,2,3 are correct
B. 2 and 3 are correct
C. 1,2,3 and 4 are correct
D. Only 3 is correct
1,2,3 and 4 are correct - Which of the following statements is not correct? A NYS notary public is:
A. Authorized to administer oaths and affirmations
B. Not authorized to administer an oath to himself
C. Not authorized to administer oaths and affirmations
D. Authorized to receive and certify acknowledgments
Not authorized to administer oaths and affirmations
A notary public who is an attorney at law admitted to practice in NYS may:
- Administer an oath or affirmation to his client 2. take the affidavit or acknowledgment to his client
A. 1 and 2 are not correct
B. Only 1 is correct
C. Only 2 is correct
D. 1 and 2 are correct
1 and 2 are correct
A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty of-
A. A petty offense
B. A misdemeanor
C. A felony
D. None of the above
A misdemeanor
The term “conveyance” includes written instruments by which any estate or interest in – property is created, transferred, mortgaged or assigned.
1.personal 2. real
A. 1 is correct
B. 2 is correct
C. Neither 1 nor 2 is correct
D. Both 1 and 2 are correct
2 is correct
An office authorized to take the acknowledgment or proof of a conveyance who is guilty of fraudulent practice or malfeasance in the execution of any duty prescribed by law in relation to it is-
A. Guilty of a petty offense
B. Liable for a statutory fine of $150.00
C. Liable in damages to the person injured
D. None of the above
Liable in damages to the person injured
When the lessor (bank) of a safe deposit box opens the safe deposit box in front of a notary public (pursuant to Banking Law 335), the notary shall file with the lessor a certificate under seal which contains:
- The date of the opening of the safe deposit box 2. The name of the lessee 3. a list (inventory) of the contents
A. 1 only
B. 1 and 2 only
C. 1, 2 and 3
D. 3 only
1, 2 and 3 are correct
The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in:
A. Criminal Procedure Law
B. NYS Administrative Code
C. Family Court Act
D. Civil Practice Law and Rules
Civil practice law and rules
- Which of the following statements is correct?
A. A notary public may in certain situations practice law
B. A notary public may prepare a will
C. A notary public shall not practice law
D. None of the above
A notary public shall not practice law
A notary public subjects himself to the following for asking or receiving more than the statutory allowance for administering an oath in connection with an affidavit.
- Criminal prosecution 2. Civil Lawsuit 3. removal from office
A. 3 only
B. 1 and 3 only
C. 1,2 and 3
D. 2 only
1, 2 and 3
A sentence of imprisonment for a Class “A” misdemeanor is a definite sentence which shall not exceed
A. 6 months
B. 1 yr
C. 3 yrs
D. 7 yrs
1 year
A person appointed by the court to manage the estate of a dead person who died w/o a will or who did not name such a person in the will is –
A. An executor
B. A plaintiff
C. An administrator
D. A deponent
An administrator
A person who signs his signature on an affidavit is called-
A. The plaintiff
B. The legatee
C. The executor
D. The affiant
Affiant
If a person declines to take an oath because of religious reasons, he may make-
A. Codicil
B. Affirmation
C. Contract
D. Lien
Affirmation
“Sworn to before me this – day of – , 2010” is referred to as:
A. Lien
B. Contract
C. Jurat
D. Codicil
Jurat
Something that has value and is given to induce someone to enter into a contract is called
A. Real property
B. Chattel
C. Will
D. Consideration
Consideration
A person who starts a civil lawsuit is called
A. Antagonist
B. Defendant
C. Appellant
D. Plaintiff
Plaintiff
The law which specifies the time during which a civil action or criminal prosecution must be started is called-
A. The statute of frauds
B. The law of venue
C. The statute of limitations
D. None of the above
The statute of limitations
The geographical place where an affidavit is taken by a notary or commissioner of deeds is called the –
A. Locale
B. Town
C. Venue
D. Venison
Venue
The total commission fee for the appointment of a notary public is-
A. $20
B. $40
C. $60
D. None of the above
$60
The fee for swearing in a witness is
A. $.75
B. $2
C. $2.50
D. $4
$2
The county clerk fee for issuance of Certificate of Official Character is –
A. $2
B. $4
C. $5
D. None of the above
$5
The fee for an authentication certificate is-
A. $2
B. $3
C. $4
D. $6
$3
A newly commissioned notary public has an office next to that of a law firm. The notary public may:
A. Advertise that he gives legal advice
B. Agree to divide the fees with the law firm
C. Give legal advice
D. None of the above
None of the above
The secretary of state is not authorized to issue a duplicate notary public I.D. card
A. To replace a destroyed card
B. To replace a damaged card
C. To replace a lost card
D. To be kept as a spare I.D. card
To be kept as a spare I.D. card
Not Correct: If a notary public is removed from office-
A. He is thereafter not eligible to be appointed a notary public
B. He is not authorized to administer oaths
C. He is guilty of a felony if he continues to act as a notary public
D. He cannot sign or execute any instrument as a notary public
He is guilty of a felony if he continues to act as a notary public
- Which of the following three defects would render an official certificate by a notary public invalid? 1. The term of the notary was expired at the time of issuing the notarial certificate.2. The name of the notary is misspelled on his identification card. 3. The notary failed to file his official oath.
A. 1
B. 2
C. 3
D. None. These defects do not render the certificate invalid
None. These Defects do not render the certificate invalid
. A notary public who is guilty of malfeasance or fraudulent practice in the execution of a duty prescribed by law is:
A. liable for a fine of $100 B. liable for a fine of $500 C. Liable for a fine of $1500 D. Liable in damages to the person injured
Liable in damages to the person injured
A law enacted by the New York State legislature is called:
A. codicil
B. seal
C. attestation
D. statute
Statute
- Which of the following two statements are correct? A notary public may: 1. solemnize a marriage 2. take the acknowledgment of parties and witnesses to a written contract of marriage
A. Only 1
B. Only 2
C. Both 1 and 2 are correct D. None. Both 1 and 2 are incorrect
None. Both 1 and 2 are incorrect - A notary public may:
A. prepare a will or codicil B. prepare a deed or an assignment
C. prepare a mortgage
D. none of the above
None of the above
A notary is asked by a person to notarize an affidavit. Which of the following is correct?
A. The notary can negotiate a fee
B. Notary must charge a fee of $20
C. Notary may charge a fee of $10
D. None of the above
None of the above
. If a party violates the provisions of Judiciary Law 67 (Fees of Public Officers) he is liable to the person aggrieved __.
A. for damages plus $300 B. for damages plus traveling expenses
C. for treble damages
D. None of ther above
For treble damages
Someone would NOT be eligible to become a New York Notary if he or she:
Has an unpardonable felony conviction
Notaries Public are commissioned by
The Secretary of State
A Notary Public who is a resident of New York and moves out of state but still maintains a place of business or an office within the state
May obtain his or her office as a Notary Public
The jurisdiction of a New York Notary is:
Co-extensive with the boundaries of the State of New York
The term of a Notary’s commission is:
Four years
The purpose of an acknowledgment include:
Making a document a recordable instrument
Permitting a document to be given in evidence, without further proof of execution
A signed statement, duly sworn to by the maker thereof, before a Notary Public or other officer authorized to administer oaths, is called:
An affidavit
A formal statement in writing by a Notary Public, stating that a certain bill of exchange or promissory note was on a certain day presented for payment or acceptance and that such payment or acceptance was refused is called:
A protest
A written instrument by which any estate or interest in real property is created, transformed, assigned, or surrendered is called a:
Conveyance
The written testimony of a witness, taken out of a court or another hearing proceeding, under oath or by affirmation before a Notary Public, which is intended to be used at the trial or hearing is called:
A deposition
A hearing or examination in the presence of, or of papers filed by, one party, and in the absence of the other, is called:
Ex parte
A Notary Public who witnesses the opening of a safe deposit box and the removal and inventory of its contents shall file with the lessor a certificate under seal which states the date the safe deposit box was opened, as well as:
The name of the lessee, and a list of the contents
Example of a Uniform Acknowledgement
Acknowledgement of a conveyence
Example of a Previously accepted acknowledgement
Acknowledgement for a non-real property document
Example of a Uniform Prost
Proof of an instrument of real property
Example of an Affidavit
Jurat
One each notarial certificate, Notaries Public must include among other things:
The venue, their signature, and their printed name
The statutes containing uniform Notary certificates to be used for the acknowledgement or proof of a conveyance in respect to real property situate within the state of New York, are in:
The Real Property Law
The Notary certificates, uniform acknowledgement or uniform proof, may be used for:
A conveyance
For every acknowledgement and proof of a conveyance, you must endorse that is write or otherwise include, a Notary certificate that is:
On the instrument or document
Attached to it on a separate certificate form
On a Notary certificate, the venue refers to the:
Location of the notarization
Notaries who change their name due to marriage:
May add their married name in parentheses after the name under which they originally were commissioned until they apply for reappointment
Notaries who expect to notarize documents regularly in counties other than their county of commission
May file a certificate of character with other New York country clerks
A certificate of Authentication is issued by the Secretary of State
Normally is required only when a authorized document will be filed outside of New York
If you lose your Notary Public ID card:
The replacement will have the word “duplicate” stamped on it
A Notary may charge $2.00 for each of the following items:
Oath, Acknowledgement, Proof, Swearing in of a witness
For issuing a certificate of authentication to the custodian of a notarized document, authenticating the signature of the Notary on that document’s Notary certificates, the county clerk:
May charge $3.00
Unless a Notary is an attorney licensed to practice law in New York, he/she may not:
Falsely advertise that he/she is licensed to practice law in New York
Advertise that he/she has powers or rights not given to Notaries by New York Notary laws
Advertise in a foreign language and not include a disclaimer that indicated that he/she cannot provide legal advice
If you advertise your services as a Notary in a language other than English
The required disclaimer must be printed clearly and displayed conspicously
To witness the execution of a written instrument, at the request of the person who executed the instrument and to subscribe that instrument as a witness is to
Attest it
A written instrument that is made subsequent to a will and that modifies it in some respect is called
Condicil
It is a Class E felony for Notaries to
Issue a false certificate
Non-attorney Notaries who engage in the practice of law, either directly or indirectly, may be:
Furnished for contempt of court
Removed from office
Fined, imprisoned or both
What is one requirement for becoming a California Notary Public?
a. Be under 18 years of age
b. Have a criminal record
c. Not pass an exam
d. Be a legal resident of California
D. Be a legal resident of California
Your jurisdiction will be:
a. The entire state of California
b. The county in which you live
c. The city in which you work
d. The entire United States
A. The entire state of California
A possible penalty for committing perjury is:
a. 2 years in prison
b. 3 years in prison
c. 4 years in prison
d. Any of the above
D. Any of the above
- 2, 3, or 4 years in prison
You have how many days to take your oath of office after your commencement date:
a. 6 months
b. 10 days
c. 30 days
d. None of the above
C. 30 days
If you request a new Certificate of Authorization, the State of California must respond within:
a. One month
b. 5 days
c. One year
d. 30 days
B. 5 days
The agency of the State that will give you the new certificate is the:
a. Corporation Commissioner
b. Bureau of Notary Publics
c. Secretary of State
d. Department of Real Estate
C. Secretary of State
Using the words notario publico:
a. Is encouraged
b. Is legal in California
c. Is prohibited
d. Indicates lingual ability
C. Is prohibited
If a notary willingly and knowingly notarizes a real estate document that they know to be fraudulent, they are guilty of a:
a Misdemeanor
b. Lis pendes
c. Carpe diem
d. Felony
D. Felony
Death Certificates:
a. Must be notarized
b. Are not notarized
c. Are filed with the IRS
d. All of the above
B. Are not notarized
A subscribing witness can bring you a:
a. Quit Claim Deed
b. Grant Deed
c. Mortgage
d. Homestead Declaration
D. Homestead Declaration
The penalty for stating a known false fact as true is now
a. $750
b. $1,500
c. $10,000
d. $75,000
C. $10,000
Two credible witnesses
a. Are not allowed
b. Must be over 21
c. Must be fingerprinted
d. None of the above
D. None of the above
- Are not allowed
- Must be over 21
- Must be fingerprinted
When do you officially become a notary?
a. When you pass the exam
b. When the Secretary of State sends your commission
c. When you do your first certificate
d. When your oath and bond are filed
D. When your oath and bond are filed
The notary stamp may be:
a. Triangle
b. Rectangular
c. Only a circle
d. None of the above
B. Rectangular
The size of the stamp could be:
a. A 6-foot diameter
b. 1 inch in width by 2 ½ inches in length
c. 2 ½ inches by 6 inches
d. One foot square
B. 1 inch in width by 2 ½ inches in length
If you are one of the following concerning a document, you must not notarize it:
a. Agent
b. Employer
c. Lawyer
d. Trustor or Trustee
D. Trustor or Trustee
The fine for overcharging for a nonimmigration form is:
a. Up to $10
b. Up to $1,000
c. Up to $75,000
d. Up to $750
D. Up to $750
The fine for failing to notify the State that your stamp or journal was lost is:
a. Up to $10
b. Up to $1,000
c. Up to $1,500
d. Up to $750
C. Up to $1,500
Willful failure to provide a peace officer with a journal when requested is punishable by a civil penalty of up to:
a. $750
b. $1,500
c. $500
d. $2,500
D. $2,500
What is the fine for failing to post signs in English and in the other language that you use that you are not an attorney and cannot give legal advice:
a. Up to $750 fine
b. Up to $1,500 fine and at least one year suspension of commission and on second time – revocation of commission for life
c. Two – four years in prison
d. $75,000 fine
B. Up to $1,500 fine and at least one year suspension of commission and on second time – revocation of commission for life
When a regulation states 30 days it means:
a. Calendar days
b. Business days
c. a & b
d. none of the above
A. Calendar days
Your commission is dated 9/1/05 and you get your oath filed on 9/25/05. Your commission will expire:
a. Immediately – you were too late
b. 8/31/09
c. 9/24/05
d. 9/1/15
B. 8/31/09
The fee for notarizing a circulator’s affidavit is:
a. $0
b. $10.00
c. $5.00
d. Negotiable
A. $0
A notary can certify a copy of a power of attorney according to the:
a. Civil Code
b. Probate Code
c. Bus. & Prof. Code
d. Notary Public Code
B. Probate Code
You may turn your journal over to:
a. Your Employer
b. No one
c. A Peace Officer with probable cause
d. An Auditor
C. A Peace Officer with probable cause
During the signature by mark process, how many people write the name of the X signer:
a. At least three
b. Two
c. One
d. None
C. One
If you move, you must contact the:
a. Secretary of State
b. Your employer
c. County Clerk
d. Department of Notary Public
A. Secretary of State
If you move, you must contact the proper authority within:
a. 1 day
b. 10 days
c. 30 days
d. 6 months
C. 30 days
If you give up your journal to a proper authority, you must notify the Secretary of State within:
a. 1 day
b. 10 days
c. 30 days
d. 1 month
B. 10 days
A commission is valid for __ years:
a. 1 year
b. 2 years
c. 4 years
d. 12 years
C. 4 years
Your 4-year notary bond is worth:
a. $15,000
b. $750
c. $75,000
d. $1,500
A. $15,000
The statute of limitations for making a statement known to be false is:
a. One year
b. Two years
c. Three years
d. Four years
D. Four years
To be acceptable, ID’s must be current or issued within the past:
a. 1 year
b. 2 years
c. 5 years
d. 10 years
C. 5 years
What does not need to be on a passport?
a. Picture of holder
b. Holder’s signature
c. Notary’s signature
d. Date of issue
C. Notary’s signature
Notary certificates are signed by:
a. Notary
b. Secretary of State
c. Client
d. Lender
A. Notary
An ID needs the holder’s:
a. Picture
b. Signature
c. Physical Description
d. All of the above
D. All of the above
- Picture
- Signature
- Physical Description
When taking an oath:
a. Signer must raise right hand
b. Signer must pay extra fee
c. Signer must repeat oath
d. Raising right hand is not required
D. Raising right hand is not required
Notaries must:
a. Keep a photocopy of every document notarized
b. Keep their stamp and journal under their direct control
c. Refuse service to a homeless individual
d. None of the above
B. Keep their stamp and journal under their direct control
When you resign a commission, you deliver all your papers to:
a. Secretary of State
b. County Clerk where your current oath is on file
c. Your employer
d. None of the above
B. County Clerk where your current oath is on file
If you fail to file the oath and bond on time:
a. Your commission is void
b. You must pay $20 to reapply
c. You must complete a new application
d. All of the above
D. All of the above
- Your commission is void
- You must pay $20 to reapply
- You must complete a new application
A notary seeking reappointment must retake the notary exam:
a. Any time after you have to pay
a fine
b. Never
c. Every 4 years
d. None of the above
C. Every 4 years
The fine for willful failure to notify the Secretary of State of an address or name change is:
a. $500
b. $750
c. $1,500
d. $15,000
A. $500
Notaries can withhold services:
a. When their employer limits services to transactions related to the employer’s business
b. When a document is incomplete
c. When they believe someone does not understand what they are signing
d. All of the above
D. All of the above
- When their employer limits services to transactions related to the employer’s business
- When a document is incomplete
- When they believe someone does not understand what they are signing
Which is the true statement?
a. It is the notary’s duty to draft power of attorney, mortgages and deeds when requested
b. A notary does not have to charge a fee
c. Holographic wills must be notarized to be valid
d. Holographic wills are typewritten
B. A notary does not have to charge a fee
A notary may:
a. Notarize a document in a foreign language
b. Not notarize documents that he or she will sign as corporate officers
c. Notarize relative’s documents
d. All of the above
D. All of the above
- Notarize a document in a foreign language
- Not notarize documents that he or she will sign as corporate officers
- Notarize relative’s documents
Signers of the following documents must leave a right thumbprint:
a. Homestead Declaration
b. Power of Attorney
c. Trust Deed for real estate
d. b & c
D- B & C
- Power of Attorney
- Trust Deed for real estate
A notary is obligated to:
a. Reimburse a surety company for bond funds paid out
b. Determine whether a signer has authority to sign as a corporate officer
c. Let their employer hold their seal if they paid for it
d. Use the all-purpose certificate for a jurat
A. Reimburse a surety company for bond funds paid out
An affirmation is:
a. Jurat
b. Legal equivalent of an oath but has no referral to a Supreme Being
c. Never used
d. All of the above
B. Legal equivalent of an oath but has no referral to a Supreme Being
A non-attorney notary (qualified & bonded as an immigration consultant) may charge up to $10 for:
a. Completing a person’s immigration application
b. Oaths and affirmation
c. Per signature on a Jurat
d. All of the above
D. All of the above
- Completing a person’s immigration application
- Oaths and affirmation
- Per signature on a Jurat
A notary may not notarize:
a. When they are the attorney who drafted the papers
b. When they are a real estate agent who sold the property
c. For a spouse
d. When they are a mortgagor in a transaction
D. When they are a mortgagor in a transaction
For a first-time applicant to get a commission they:
a. Must pass an exam
b. Be fingerprinted
c. Be at least 18 years of age
d. All of the above Be fingerprinted
D. All of the above
- Must pass an exam
- Be fingerprinted
- Be at least 18 years of age
A certificate of authorization may be gotten:
a. From the governor’s office
b. From the Department of Real Estate
c. From the Secretary of State
d. None of the above
C. From the Secretary of State
Satisfactory evidence of identity means relying on either:
a. ID cards
b. Credible identifying witnesses
c. Business card photos
d. a and b
D. a and b
- ID cards
- Credible identifying witnesses
A California Notary may:
a. Advertise they are immigration consultants
b. Take depositions and affidavits
c. Certify a copy of a foreign birth certificate
d. Normally notarize a will
B. Take depositions and affidavits
An oath is:
a. An affirmation
b. Never used
c. A solemn spoken pledge
d. a and c
D. a and c
- An affirmation
- A solemn spoken pledge
A certified copy certifies that the reproduction:
a. Is accurate
b. Is never done
c. Can be charged $30
d. None of the above
A. Is accurate
Influencing a notary to perform improperly is a:
a. Moral Turpitude Felony
b. Misdemeanor
c. Felony
d. Infraction
B. Misdemeanor
Notaries shall not perform notary actions if they are:
a. An Attorney
b. An Employee
c. Named as a principal in a financial transaction
d. An Agent
C. Named as a principal in a financial transaction
Which of the following is signed in the presence of the notary:
a. Acknowledgment
b. Jurat
c. Certificate
d. None of the above
B. Jurat
An acknowledgment certifies that under penalty of perjury:
a. Signer’s identity was satisfactorily proven to notary
b. The signer admits that they signed the document
c. The signer appeared before the notary
d. All of the above
D. All of the above
- Signer’s identity was satisfactorily proven to notary
- The signer admits that they signed the document
- The signer appeared before the notary
A man inherits a property in Alabama with his sister and they must send an affidavit to the court. He can have a friend notarize his signature and:
a. He can notarize his sister’s signature
b. He can notarize both signatures
c. He can never notarize an Alabama document
d. He can’t do either notarization
D. He can’t do either notarization
Notaries obtain their seals from the:
a. Secretary of State
b. County Clerk
c. Approved vendors or manufacturers
d. Their employer
C. Approved vendors or manufacturers
When a subscribing witness brings a document the action is called:
a. Acknowledgment
b. Protest
c. Jurat
d. Proof of Execution
D. Proof of Execution
If a principal cannot appear, the document may be brought to the notary by:
a. Any peace officer
b. An agent for the principal
c. A spouse
d. One subscribing witness
D. One subscribing witness
A subscribing witness is placed under oath and asked:
a. Did you sign as a witness?
b. Did the signer acknowledge their signing?
c. Did the signer ask you to get the document notarized?
d. All of the above
D. All of the above
D – Subscribing Witness C.C. 1935
- Did you sign as a witness?
-Did the signer acknowledge their signing? - Did the signer ask you to get the document notarized?
An embossed seal impression:
a. Is always required by Notary Law
b. Can never be used
c. Is acceptable but not required
d. Is only for senior notaries
C. Is acceptable but not required
Which of the following lists are all Notary Actions:
a. Acknowledgment, Jurat, Copy Certification, Oath, Deposition
b. Jurat, Affirmation, Protest, Power of Attorney, Loan Document Signing
c. Proof of Execution, Protest, Affidavit, Jurat
d. Proof of Execution, Jurat, Oath of Office, Acknowledgment
D. Proof of Execution, Jurat, Oath of Office, Acknowledgment
Credible witnesses:
a. Are never placed under oath
b. Must not have a financial interest in the document
c. Must always know the notary
d. All of the above
B. Must not have a financial interest in the document
If you resign a position with your employer:
a. You must resign your commission
b. Leave all journals with the employer for the new notary
c. You take the exam again
d. Notify the Secretary of State of any business address change
D. Notify the Secretary of State of any business address change
A Military Notary:
a. Is in trouble
b. Charges no fees
c. Can only charge senior officers
d. None of the above
B. Charges no fees
A person who is not commissioned and holds herself out as a notary is:
a. Guilty of a felony
b. Legal
c. Guilty of an infraction
d. Guilty of a misdemeanor
D. Guilty of a misdemeanor
An employer of a Notary can:
a. Copy Journal entries of business generated documents in front of the notary
b. Inspect and retain a sequential journal at any time
c. Enter necessary corrections to journal
d. Appoint another employee to use the journal when the notary is absent
A. Copy Journal entries of business generated documents in front of the notary
A notary must respond to a request for a transaction within ____days.
a. One
b. Two
c. Thirty
d. Fifteen
D. Fifteen
The notary or security bond protects the:
a. Notary
b. Public
c. Employer
d. State
B. Public
The only documents that do not require a seal are:
a. Subdivision maps
b. Veterans certificate
c. Circulator’s affidavit
d. Change of venue
A. Subdivision maps
The county named in the Venue is where:
a. The signer personally appeared
b. The notary’s business is located
c. Where the signer lives
d. None of the above
A. The signer personally appeared
If a person has no right thumb and a thumbprint is needed:
a. Use any finger
b. Make a note of this problem
c. You use the left thumb
d. All of the above
D. All of the above
- Use any finger
- Make a note of this problem
- You use the left thumb
If asked to notarize an incomplete document, a notary should:
a. Make a note in the journal
b. Take a thumbprint
c. Charge $10 more
d. Refuse
D. Refuse
A Notary seal must:
a. Be photographically reproducible and contain an expiration date
b. Contain the state seal and the words notary public
c. Have a serrated or milled edge border
d. All of the above
D. All of the above
- Be photographically reproducible and contain an expiration date
- Contain the state seal and the words notary public
- Have a serrated or milled edge border
The most frequently completed form is:
a. The acknowledgment
b. Jurat
c. Confidential marriage license
d. Protest
A. The acknowledgment
Linda Martinez, a law student, is starting a business as an
immigration consultant. She may not advertise:
a. That she is a notary public
b. Her fee
c. Her office hours
d. None of the above
A. That she is a notary public
Which items must always be put in the journal:
a. Date, time, type of document, fees
b. Date, type of document, fees, address of signer
c. Fees, time, document date, name of signer
d. Date, time, fees, thumbprint
A. Date, time, type of document, fees
Some of the elements of a seal are:
a. State seal and notary’s name
b. Expiration date of commission and county where oath is on file
c. Sequential ID number of manufacturer and notary’s sequential commission number
d. All of the above
D. All of the above
- State seal and notary’s name
- Expiration date of commission and county where oath is on file
- Sequential ID number of manufacturer and notary’s sequential commission number
A notary may not advertise
a. Fees to be charged
b. In Spanish
c. The Spanish terms notario
publico or notario
d. On a desk plaque
C. The Spanish terms notario publico or notario
The main purpose of a credible identifying witness is to:
a. Substitute for a signer
b. Watch the signer sign the document
c. Prove that a person signed a document
d. Identify a signer
D. Identify a signer
Why are two witnesses for a signature by mark necessary?
a. To view the making or the acknowledging of the mark
b. To identify the signer
c. To sign the journal
d. To sign for a disabled signer
A. To view the making or the acknowledging of the mark
You are notarizing a document for a personal friend. Which of the following must be included in your journal?
a. Signer’s driver’s license number
b. Type of Document
c. Notary fee
d. All of the above
D. All of the above
- Signer’s driver’s license number
- Type of Document
- Notary fee
A written request for a photocopy of a journal entry must contain:
a. Type of notarization, type of document and names of parties
b. Type of document, month and year of notarization, and parties’ signatures
c. Type of notarization, month and year of notarization and names of parties
d. Type of document, month and year of notarization and names of parties
D. Type of document, month and year of notarization and names of parties
A right thumbprint is not required in the Notary journal for a:
a. Deed of reconveyance
b. Grant deed
c. Warranty deed
d. Deed of trust
A. Deed of reconveyance
If a private employer and an employee enter into an agreement:
a. Fees must go to the employee
b. No fees can be collected
c. The notary must pay for the bond
d. Notary actions can be limited to business transactions
D. Notary actions can be limited to business transactions
An expired California Driver’s License was issued 52 months before presentation to you:
a. It is acceptable as identification
b. Expired licenses are not valid
c. Signer must use a credible witness
d. A subscribing witness could be used
A. It is acceptable as identification
Notaries may not certify a copy of a:
a. Journal entry requested by the Secretary of State
b. Durable power of attorney for health care document
c. Journal entry requested by a member of the public
d. Limited power of attorney document
C. Journal entry requested by a member of the public
When a Notary changes a business address to a new county within California:
a. The Notary must notify the Secretary of State of the address change
b. The Notary must file a new oath of office and amendment to the Notary’s bond in the new county before notarizing documents in the new county
c. The Notary must change the name of the county in the Notary’s seal
d. All of the above
A. The Notary must notify the Secretary of State of the address change
A proof of execution may be performed on a:
a. Deed of reconveyance
b. Quitclaim deed
c. Security agreement
d. Deed of trust
A. Deed of reconveyance
A notary who does not deliver papers to a county clerk after they allow a commission to expire is:
a. Guilty of a felony
b. Guilty of a misdemeanor
c. Guilty of an infraction
d. None of the above
B. Guilty of a misdemeanor
A certificate reads: Subscribed & Sworn to before me on August 5, 2007 by __. Whose name goes on the blank?
a. Notary
b. Signer
c. Credible Witness
d. Secretary of State
B. Signer
You are not automatically disqualified from doing a notarization when you are a:
a. Lessor
b. Vendee
c. Real Estate Agent
d. Grantor
C. Real Estate Agent
By contract an employee and employer can:
a. Charge $20 for a one person Jurat
b. Notarize outside of California
c. Eliminate their journal
d. Limit services solely to their business
D. Limit services solely to their business
By using the term notario publico in an advertisement, the Notary’s commission could be:
a. Suspended for a period of not less than six months or revoked immediately.
b. Suspended for a period of not less than six months and revoked on the second offense
c. Suspended for a period of not less than one year and revoked on the second offense
d. None of the above
C. Suspended for a period of not less than one year and revoked on the second offense
A Notary may not charge a fee for notarization on:
a. A power of attorney
b. A circulator’s affidavit
c. A quitclaim deed
d. An affidavit of support
B. A circulator’s affidavit
A Notary may use his or her commission:
a. To endorse a product
b. To notarize for veterans
c. To advise clients on
immigration matters
d. Both a and c
B. To notarize for veterans
A Notary who engages in the unauthorized practice of law may face:
a. Commission denial
b. Commission revocation
c. Commission suspension
d. All of the above
D. All of the above
- Commission denial
- Commission revocation
- Commission suspension
When can your notary commission be suspended and/or revoked?
a. Not paying child support
b. Charging $10 for a set of immigration papers in addition to normal notarization fees
c. Charging a friend less then the general public
d. Entering the amount charged in your journal
A. Not paying child support
When a notary is employed by a city, county or state agency, fees collected for non-agency related notarization are:
a. Kept by the Notary
b. Turned over to a supervisor
c. Remitted by the Notary Public to the employing agency
d. Always free
C. Remitted by the Notary Public
It is allowable for a notary to notarize for a family member when acting as a:
a. Grantor
b. Trustee
c. Lessor
d. Employee
D. Employee
A notary can notarize documents to be filed in another State but:
a. Must use California form
b. Can’t certify signer holds a particular capacity
c. Can’t charge any fees
d. Only jurats
B. Can’t certify signer holds a particular capacity
An oath to a witness:
a. Always refers to God
b. Can use phrase “under penalty of perjury”
c. Never refers to a Superior Being
d. Has only one recommended question
B. Can use phrase “under penalty of perjury”
If your employer, John Smith, asks to see your journal, which you use in business, to see who is giving him the most business, you should:
a. Let him look at your journal
b. Refuse to let him look at the journal
c. Let him see only the items pertaining to his business
d. Remind him it is your journal and he may not look at it
C. Let him see only the items pertaining to his business
In the case of the death of a notary public, the personal representative of the deceased shall:
a. Promptly notify the Secretary of State and return journal to the Secretary of State
b. Promptly notify the Secretary of State and return seal and journal to the State
c. Promptly notify the County where the oath and bond are recorded
d. Promptly notify the Secretary of State and send their papers and records to the county where their oath is recorded.
D. Promptly notify the Secretary of State and send their papers and records to the county where their oath is recorded.
No fees may be charged for
verifying:
a. A jurat
b. Nomination document or
circulator’s affidavit
c. Any acknowledgments
d. Any protests
B. Nomination document or circulator’s affidavit
When performing a signature by mark notarization:
a. The signer must make his or her mark in the Notary’s journal
b. The signer does not have to be identified
c. The notary must make the mark in his or her journal
d. The notary must sign the person’s name near his or her mark on the signature line
A. The signer must make his or her mark in the Notary’s
journal
A Notary Public can notarize a signature on a document that:
a. They signed as a principal
b. In which they have a direct financial interest
c. Is incomplete
d. Is in a foreign language
D. Is in a foreign language
Which of the following must be included in a Journal:
a. Date of document
b. Address of signer
c. Character of every document
d. Thumbprint of a trustee deed’s signer
C. Character of every document
If a credible witness personally knows the signer and the notary:
a. Only one witness is needed
b. Two witnesses are needed.
c. Three witnesses are needed
d. None of the above
A. Only one witness is needed
When the last day for filing an instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed:
a. Within one week
b. Within two weeks
c. Within thirty days
d. Upon the next business day
D. Upon the next business day
Notaries need not record in their journals:
a. The date and time of notarization
b. The fees charged for a notarial services
c. Type of document notarized
d. The signer’s address
D. The signer’s address
When the venue of the Notary’s certificate has been filled in beforehand with an incorrect state and county, the Notary must:
a. Attach a loose certificate with a correct venue
b. Reject the document
c. Not tamper with words that may have been filled in by an attorney
d. Line through the inapplicable words, writing in the correct state and county
D. Line through the inapplicable words, writing in the correct state and county
Any person who coerces a notary to perform improperly is guilty of:
a. A Felony
b. An Infraction
c. Nothing
d. Misdemeanor
D. Misdemeanor
Effective July 1, 2005 all appointed persons must complete:
a. Six hours of study
b. Three hours of study
c. Forty-five hours of study
d. A 60 question exam
A. Six hours of study
A – Notary Public Education
The main purpose of an acknowledgment is to:
a. Authenticate signatures
b. Establish mental competence
c. Require personal appearance
d. Both a and c
D. Both a and c
- Authenticate signatures
- Require personal appearance
When notarizing a document containing an acknowledgment, the Notary:
a. Must see the document signer sign before them
b. May accept a document that has already been signed
c. Must administer an oath
d. Must take a copy of the acknowledgment
B. May accept a document that has already been signed
To communicate with the Secretary of State about a change in address:
a. A Notary must communicate the change when it is a
business address
b. A Notary must communicate the change when it is a residence address
c. By certified mail within 30 days
d. All of the above
D. All of the above
- A Notary must communicate the change when it is a business address
- A Notary must communicate the change when it is a residence address
- By certified mail within 30 days
When is an oath involved with an acknowledgment:
a. Every time
b. When the signer would like to swear that the contents of the document are true
c. When the signer utilizes a credible witness as ID
d. An oath is never used in an acknowledgment
C. When the signer utilizes a credible witness as ID
One main purpose of a Jurat is to:
a. Not identify the signer
b. Copy certify a form
c. Make sure the signer signs in front of the Notary
d. Gain evidence to insure truthfulness
C. Make sure the signer signs in front of the Notary
To establish proper ID the Notary must accept which of the following from the principal:
a. Two credible witnesses with ID’s who personally know the principal
b. Credible witness personally known by Notary and principal with proper ID.
c. One proper ID – current or issued in the last five years
d. All of the above
D. All of the above
- Two credible witnesses with ID’s who personally know the principal
- Credible witness personally known by Notary and principal with proper ID.
- One proper ID – current or issued in the last five years
Exceptions to personal appearance by the principal are:
a. There are none
b. Credible witness
c. Photo Business Card
d. Subscribing Witness
D. Subscribing Witness
A foreign passport must have one additional item:
a. Stamp from U.S. Immigration Agency
b. Address of signer
c. Phone number of Issuing County
d. Thumbprint
A. Stamp from U.S. Immigration Agency
To meet the 30 calendar day filing limit of the oath with the county you must:
a. Get them postmarked by 30 days
b. Keep them until you can hand deliver them
c. Allow for any form of delay
d. Pay a fee if late
C. Allow for any form of delay
A judgment is lodged against a Notary for $22,000 and the
bonding company pays $15,000 to the client. The notary is liable for:
a. $7,000
b. $22,000
c. $15,000
d. $0
B. $22,000
The key wording of an acknowledgement is:
a. Subscribed and sworn to
b. I swear the document is true
c. Personally appeared
d. Protest the payment
C. $15,000
A subscribing witness can be identified by:
a. Their current U.S. Passport
b. One credible witness known to the subscribing witness and the notary who has ID
c. Two credible witnesses with proper ID cards
d. A principal who knows them personally
B. One credible witness known to the subscribing witness and the notary who has ID
The true statement below about qualifications is, you must be:
a. Able to read Spanish
b. A U.S. Citizen
c. 18 years of age
d. Resident of California
D. Resident of California
It is never acceptable to affix a notary seal and signature to a document without:
a. The notarial wording
b. Being paid
c. Giving an oath
d. Seeing the person sign the document
A. The notarial wording
If a notary is unable to communicate with a customer the
notary:
a. Should use an interpreter
b. Refer them to someone who speaks their language
c. Report them to Immigration authorities
d. Should notarize any regular documents
B. Refer them to someone who speaks their language
In foreign language advertising regulations there are strict rules but the one exception is:
a. A business card in the foreign language
b. A single desk plaque
c. An 8 ½” x 11″ brochure
d. Yellow pages advertising
B. A single desk plaque
When a public agency pays an employee’s expenses, the fees:
a. Shall be remitted to the agency
b. Are distributed per an employee-agency agreement
c. Are never collected
d. Go to the notary
A. Shall be remitted to the agency
When a check has not been honored for payment, the Secretary of State shall give a written notice. If no correction is done a second notice of cancellation shall be effective when:
a. 90 days
b. 30 days
c. 20 days
d. 10 days
C. 20 days
If a Notary identifies a signer through proper ID but forgets to put the information in her journal, she would be fined for?
750
Aaron has filed his Oath of Office and bond with the county recorder’s office where he holds his principal place of business. Aaron is under oath for the duration of his commission to follow all Notary laws as a result. If Arron falsifies a statement, verbally or in writing, he may be found guilty of:
Forgery
A Proof of Execution by Subscribing Witness may be used for which one of these documents?
Trustee’s Deed
Stella just got married and she and her husband are buying a house in San Francisco. The deal closed earlier than expected and Stella has not received her new driver’s license with her new name, Stella Brown. Yet, their loan documents indicate her new married name. What can she do?
Stella may use two credible witnesses that she knows but who do not know the Notary
Which one does not need a thumbprint?
Deed of Reconveyance
(Quit Claim Deed, Power of Attorney, and Deed of Trust all need a thumbprint)
A Subscribing Witness appears at a notary’s office and asks them to notarize their signature. The Notary can notarize the document if_______. Fill in the blank.
The Subscribing Witness also brought a credible witness
When a Notary moves to a new county, he must:
Inform the SOS of his new address.
What year did mandatory education for notaries become a law?
July 1, 2005
Maria is a commissioned notary public, her principal place of business is in Truckee, California. Accordingly, Maria filed her oath and bond at the Nevada County Clerk’s office in Nevada County, California. Maria often travels to South Lake Tahoe, in El Dorado County, to perform notarial acts for residents there. Her friend Patrick asks her to come to his home in Stateline, Nevada, to perform an acknowledgment on a document to be filed in El Dorado County.
Maria must refuse to perform the acknowledgement in the State of Nevada
A Notary’s commission expires but a friend needs loan documents notarized. If the former Notary notarized home loan refinance documents without informing his friend that his commission expired, the former Notary would be guilty of:
A felony
The following journal information is required except:
A. Time and date of the notarization
B. Title or Character of document.
C. A thumbprint from the signer if the document is affecting real property or Power of Attorney
D. Type of notarization.
E. Phone number of the document signer
E. Phone number of the document signer
Jim is a paralegal and works at the law offices of Smith and Smith. His employer asks him to become a Notary public and pays for his education, supplies and filing fees. Jim agrees and becomes a commissioned Notary Public. His employer has him sign an agreement that says he will not charge any fees to the law office for Notarial services and will remit any fees from clients to the law office. Jim’s sister asks him to come over to acknowledge an Interspousal Transfer Deed she signed.
Jim may notarize this document and keep the fees
Dan Withers works as a dispatcher at a police station. His employer asks him to become a Notary and pays for his supplies. Dan can do all of the following except:
A. Notarize at his place of employment.
B. Keep all Notary fees charged.
C. Remit Notary fees to employer.
D. Charge for notarizations.
B. Keep all notary fees charged
A Notary who violates advertising restrictions could be subject to the following actions by the Secretary of State:
1500 penalty, revoke or suspend a notary’s commission
If a Notary commits or omits acts constituting suspension or revocation of their commission, they will have a right to a hearing unless:
The Secretary of State has denied or revoked the applicant’s application or commission within one year previous to the application and after the proceedings.
When a Notary falsifies an acknowledgment, the Secretary of State may determine that this act is a:
A forgery
A Notary’s term of office is valid for __ many years?
four
At the end of a four year Notary commission what should be done with the official Notary seal, if the Notary plans on renewing?
Destroy the Seal
During their previous commission a Notary Public, had their commission suspended for becoming behind on child support, and they continued to advertise their Notary services online. They were charged for the advertising violation. That was several years ago and now they would like to become a Notary Public again. When they apply to become a Notary Public what will happen?
Denial of the application
Bill’s good friend Jim is elected mayor of Redlands, CA. Jim wants Bill to conduct the swearing in by having Bill give him an oath. What is the maximum Bill could charge Jim for administering the oath?
0
According to the Secretary of State, what Notary act is most frequently completed by California Notaries?
Acknowledgments
A busy Loan Signing Agent uses the strategy of filling out one journal entry for the first notarization during the signing and then completes the rest of their journal entries when they get home. What is the maximum fine for this infraction?
750
The Notary must acquire a surety bond in the amount of _.
15,000
Bob, Fred, and Joyce meet in a hotel lobby for the first time and after discussing the need to have their signatures on important documents notarized, approach Nat Notary. Bob is the signer of the documents and does not have his wallet with him because it was stolen. Fred and Joyce offer to vouch for Bob. What should Nat Notary do?
Refuse to Notarize
A Notary applicant receives their commission packet from the Secretary of State, how long do they have to file their oath and bond from the commencement date listed on their commission.
30 Calendar Days
Mark asks his friend Andre who is a Notary to perform an illegal Notary act and offers him money as a bribe. What is Mark guilty of?
A misdemeanor
Which of these statements is not true for a Notary who practices law without a license?
A. The could have their commission revoked.
B. If they apply to be a Notary Public again their application will be denied.
C. They can use this experience to apply for the California bar
D. The could have their commission suspended.
C. They can use this experience to apply for the California bar
What is the financial penalty for failure to identify a credible witness on an acknowledgment?
10,000
California Acknowledgment certificates must:
be prescribed by the Secretary of State
A Notary Public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a _. Fill in the blank.
Felony
When a peace officer arrives at your place of business and says that you must turn over your journal, you would be fined what amount if you refuse?
2,500
A client asks you for a copy of a journal entry you completed for her a week earlier. She provides you with the note containing the name of the signers, title of the document and the date of notarization. You make a copy for her and charge her:
30 cents per photocopy
A venue is legally required to appear on every notarial certificate. It is important because it indicates to the receiving agency the following?
The state and county where the notarization takes place
At what point does a Notary applicant become a commissioned Notary Public?
When they file their oath and bond with the County Clerk
A Proof of Completion, from an approved education vendor, can be used to take the official Notary exam for how long?
2 years
An acknowledgement indicates that
the signer was properly identified and their signature was authenticated
It is a $750 fine when a Notary is negligent in failing to discharge fully and faithfully any of their duties as a Notary. How much is the fine if the failure is willful instead of negligent?
1,500
What is the penalty for someone who tries to influence a Notary to perform an improper notarization?
misdemeanor
How much would a Notary be fined for negligent failure to obtain a thumbprint on a document that involved real property or a Power of Attorney?
2,500
What county should I file in?
Where you will perform 51% of notarizations
If there is no room to place a Notary seal directly on the document, a Notary must:
affix the seal on a loose certificate
A commissioned Notary Public completing a Jurat doesn’t administer an oath to an affiant. What is the maximum penalty for this violation?
750
What is the maximum fine if a Notary notarizes a document for their boss but does not require personal appearance during the notarization?
750
A person may sign with a “mark” in place of a signature if that’s the only way they can sign. To correctly execute such a notarization, the following must be true:
No ID is required from the witness(es) for this transaction
Angela Rochester is the CEO of Magnified Inc. She must sign a document in the capacity of her title and have it acknowledged. How can the Notary assist?
Notarize Angela’s name and signature only with a California Acknowledgement Certificate
- Which of the following four choices to these two statements is most correct? 1. Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true? 2. Do you solemnly, sincerely and truly declare and affirm that the statements made by you are correct?”
A. 1 and 2 are affirmations
B. 1 and 2 are oaths
C. 1 is an affirmation; 2 is an oath
D. 1 is an oath; 2 is an affirmation
1 is an oath; 2 is an affirmation - Which of the following statements is not correct?
A. A notary shall not give advice on the law.
B. A notary may not ask for and get legal business to send to a lawyer from whom he receives consideration for sending business.
C. A notary may divide his fees with a lawyer
D. A notary may be married or unmarried
A notary may divide his fees with a lawyer - A notary may take an acknowledgment of a party __.
A. Only if party is present or is communicating by telephone
B. Only if party is communicating by videophone or is present
C. Only if party is present
D. None of the above
Only is party is present - A notary public who is a non-resident of NYS and who ceases to have an office or place of business in NYS __.
A. may continue to serve as a notary public for one year.
B. may continue to serve as a notary public until the expiration of his term.
C. may continue to serve as a notary public upon the payment of a $ 60 fee.
D. vacates his office as a notary.
Vacates his office as a notary - The Secretary of State may not remove from office for misconduct any notary appointed by him unless the person: 1. is served with a copy of the charges against him. 2. has had an opportunity to be heard.
A. 1 only is correct. B. 2 only is correct. C. Both 1 and 2 are not correct. D. Both 1 and 2 are correct.
Both 1 and 2 are correct - The acknowledgment or proof of a conveyance of real property within the state or any other written instrument may be made: 1. By a married woman 2. By an unmarried woman
Both 1 and 2 are correct - A person convicted of a _ in NYS or any other state or territory shall not be appointed a notary public.
A. misdemeanor
B. “A” misdemeanor
C. felony
D. petty offense
Felony - Which of the following is not correct? A notary public card contains the following:
A. appointee’s name
B. address and county C. social security number
D. commission term
Social security number - The fee for a duplicate notary public identification card is:
A. $ 2
B. $ 5
C. $ 10
D. $ 60
$10 - Who may not certify as to the official character of a notary public?
A. Secretary of State B. county clerk of county in which the commission of a notary public is filed. C. county clerk where a notary filed his autograph signature and certificate of official character.
D. a mayor of a city with a population of over 100,000.
A mayor of a city with a population of over 100,000 - Which of the following are eligible for the office of notary public? 1. Sheriff 2. Commissioner of elections 3. A member of the legislature
2 and 3 only - Every notary public duly qualified is authorized within _ to administer oaths and affirmations.
A. the county where commissioned only
B. the county of residence only
C. New York State
D. None of the above
New York State - The fee for taking and certifying the acknowledgment or proof of execution of a written instrument by one person is __.
A. $ 2
B. $ 4
C. $. 75
D. None of the above.
$2 - A notary public who is duly licensed as an attorney may substitute the words __ for the words “Notary Public.”
A. “Certified Notary Public.”
B. “Expert Notary Public.”
C. “Lawyer.”
D. “Attorney and Counselor at Law.”
Attorney and Counselor at Law - An officer authorized to take the acknowledgment of a conveyance or other instrument who is guilty of malfeasance or fraudulent practice in the execution of any duty prescribed by law in relation thereto is liable in damages to ___.
A. the Secretary of State
B. county clerk
C. state comptroller
D. the person injured
The person injured - For a conveyance to be recorded:
A. the conveyance may be in any language without a translation. B. the conveyance may be in any language without a translation as long as it is written in English letters or characters.
C. a fee of $ 25 must be paid.
D. None of the above.
None of the above
Within ___days of the opening of a safe deposit box pursuant to Banking Law 335, a copy of the certificate of the notary public shall be mailed to the lessee (the renter of the safe deposit box) at his last known postal address
10
- A notary guilty of official misconduct is guilty of:
A. an “A” misdemeanor B. a “B” misdemeanor C. a “D” felony
D. an “E” felony
an “A” misdemeanor - Which of the following is correct? A notary public
has no authority to solemnize marriages - A proceeding to punish for criminal contempt a person who unlawfully practices law may be instituted: 1. on the court’s motion. 2. on motion of any officer charged with the duty of investigating or prosecuting unlawful practice of law. 3. by any bar association of NYS.
1, 2 and 3 - An officer who violates the provisions of Public Officers Law, Section 67 (Fees of Public Officers) in addition to the punishment prescribed by law for the criminal offense, is liable in behalf of the person aggrieved for _.
300% of the damages - Which of the following is not correct? An officer is not entitled to a fee for administering an oath of office to:
a general of the Knights of Columbus - A notary public who knowingly issues a false certificate is guilty of:
an “E” felony - A signed statement that is sworn to by the creator in front of a notary public is called _.
an affidavit - A __ is the section on an affidavit where a notary certifies that the statement was sworn to in front of him.
Jurat - A claim or legal right which attaches to specific property until a debt owed is paid is called_________.
a lien - A crime that is not a felony is called _.
Misdemeanor - The fee for swearing in a witness is _.
$2 - The county clerk fee for issuance of a Certificate of Official Character is _.
$5 - The fee for an authentication certificate is __.
$3 - A notary public maintains an office in New York State but lives in New Jersey. The notary public:
is deemed to have appointed the Secretary of State as the person upon whom process can be served on his behalf - A notary public commissioned in Kings County wishes to file his autograph signature in other counties so that county clerks may certify as to his official character. The notary public may file his autograph signature and certificate of official character:
in every county of New York State - Which of the following is not correct?
A. Venue is the area where the notary takes an acknowledgment.
B. The venue is listed at the beginning of an instrument.
C. An affidavit does not have to show the venue on its face.
D. None of the above.
An affidavit does not have to show the venue on its face - Which of the following four persons are eligible to be appointed a notary public? 1. a commissioner of elections 2. an inspector of elections 3. a member of the legislature 4. a sheriff
A. 1 and 2 only
B. 1, 2 and 3 only
C. 1, 2, 3 and 4
D. 4 only
1,2 and 3 only - Which of the following statements is not correct?
A. All single women may make a conveyance of property.
B. All married women may make a conveyance of property.
C. A single woman may only make a conveyance of property if she is over the age of twenty-five. D. A married woman may make a conveyance of property same as a single woman.
C. A single woman may only make a conveyance of property if she is over the age of twenty-five - For a conveyance of real property to be recorded: 1. it must be in the English language in all cases. 2. proper names must be in foreign characters.
Both 1 and 2 are correct - Which of the following is false?
A notary public may be removed from office for: A. practicing fraud.
B. making a willful misstatement of a material fact in the notary public application for appointment.
C. taking an oath to a statement the notary knew to be fraudulent. D. committing a petty offense.
Committing a petty offense - An authentication by Department of State attached to a county-certified document to be used internationally is called __.
A. a certified copy
B. an attestation
C. an apostile
D. None of the above.
an apostile
Total commission fee for the office of notary public is $ 60 ($___ is for the appointment and $___ is for the filing of oath of office).
$40..$20
- Which of the following choices is not correct with respect to the opening of a safe deposit box pursuant to Banking Law 335?
A. 30 days notice has to be given to the lessee.
B. List of contents must be filed with lessor by notary public.
C. A copy of notarial certificate must be mailed to the lessor. D. Lessor must open the safe deposit box in the presence of the notary public.
A copy of notarial certificate must be mailed to the lessor
the venue on a notary certificate should be filled in with the county where
the notarization takes place
a signer comes to you and asks you to notarize his signature on a statement and give him an oath. What type of notarization is this?
jurat
in a signature by mark, what must the notary determine?
the signer’s identity
a notary must make the copy when certifying a copy of a power of attorney.
no, but the notary should make or supervise the making of a copy so they know it is exact
a notary was found guilty of a misdemeanor. for which of the following was the notary most likely prosecuted?
acting as notary without a valid commission
your mother calls you while she is on vacation. she informs you that your brother will drop off documents with her signature on them. She wants you to have them notarized. can you act as the subscribing witness?
no, there is no personal appearance by the mother at the time of notarization
which of the following types of identification are acceptable for a jurat
a foreign passport
which of the following statements is not true?
a notary may execute a certificate for a foreign language document f they cannot read the certificate
a signer brings a document that includes a 2 x 2 inch photo of himself and his date of birth. can you use he u.s. passport to verify his age?
no the notary must use a CA drivers license, or CA ID or certified copy of the signers birth certificate
a subscribing witness is a person who ____
witnesses the principal signer sign a document and at the request of the signer appears before a notary to prove the signature of the principal signer
what forms of satisfactory evidence can you use to identify a signer for a jurat?
one credible witness, tribal ID, CA state diver’s license three years’ expired
mike and his wife kim need o have their signatures notarized. mike has an acceptable ID but kim recently lost her wallet and hasnt had time to replace her ID. When they appear before the notary, kim brings two friends with her. her friends swear that they know him to be the person who signed the document. How was kim identified?
two credible witnesses
a notary is prohibited from advertising his or her notarial services under what conditions?
the notary is an immigration specialist
which of the following is a statutory administrative penalty for negligent failure to perform the duties and responsibilities required of a notary?
commission suspension and a fine up to $750
when a credible witness is used the credible witness’s primary function is to:
swear or affirm to the document signer’s identity
a notary’s commission expired on February 15, 2016. She renewed her commission before her old commission expired and the new commission began on february 16, 2016. since she has a new commission with a new commission number, which of the following should the notary do:
keep using the same journal
a notary is asked to notarize the signatures of her sister and brother-in-law on an application for a certified copy of their birth certificates. The notary should:
notarize the signatures and record it in the journal
what penalty could be enforced to administer an oath or affirmation when required by law?
commission suspension
mr and mrs smith come into your office asking jurats on three affidavits they have both signed. one of the affidavits pertains to mrs smith’s pension with the school district where she works. one affidavit deals with consent to travel for their daughter. the third affidavit deals with items that were stolen from mr and mrs mith cars. mrs smith presents a CA drivers license that expired 3 years ago. mr smith presents his nevada non driver ID, which is current. what is the maximum fee you ay charge?
$90
a document signer comes to you with a document they have already signed and asks to make an acknowledgment. how do you proceed?
identify the signer and ask them to acknowledge the signature on the document is theirs
when a notary finds a new job, the seal and journal should be surrendered to whom?
no one
what s the maximum fee a notary may charge by law for administering an oath for a deposition?
$7
your employer paid for your notary commission and your bond, she asks you to notarize only business documents while you are at work. what type of provision is this?
a limited service agreement
a notary public commission does not take effect unless _ are filed on time with the county clerk
the oath and bond
on which document may you not perform a proof of execution?
quitclaim deed
a notary may not charge a fee for notarizations on:
a veterans affairs life insurance form, the oath for the credible witness, and a circulator’s affidavit
which of the following statements describes a felony offense?
making a false statement to a notary in relation to a grant deed
may a notary certify a photocopy of a birth certificate?
no. vital records are only certified by specifically appointed agencies
when is an expired identification document acceptable?
when the ID was issued less than five years from the date of notarization
to use an embosser as a seal it must:
be rectangular and 1 x 2 1/2 inches
your commission expires in a month and you are applying to renew you commission today. what is the minimum educational requirement?
three hours
which of the following is a requirement of an acknowledgment?
signer affirms his/her signature before a notary
may a notary accept a current Canadian ID card as proof of identity?
no, it must be a Canadian drivers license
a proof of execution by subscribing witness may be performed on a :
deed of reconveyance
a notary may not execute an acknowledgment or proof of execution for:
an incomplete document
a notary who changes his or her business address to a new county within california mist
notify the secretary of state of the address change
You are notarizing a document for a personal friend. Which of the following must be included in your journal?
notary fee
the administrative penalty for failing to comply with the requirements for advertising notarial services in a foreign language is:
suspension for not less than one year
does subscribing witness have to be identified? if so how is subscribing witness identified?
yes by one credible witness
an individual applied for a notary commission, but the application was denied. which of the following was most likely the cause for denial?
the individual is a Nevada resident
can a california notary complete a florida jurat certificate that will be filled out of state?
no. jurats always require california specific wording
A notary may not certify a copy of a:
journal entry requested by a member of the public
may a notary notarize for a grantor?
yes, the notary is not the grantor
a proof of execution can replace only wat notarial act?
acknowledgment
if your employer moves but you remain in your same residence, must you notify the secretary of state?
no, only if you move to a different residence
may a notary notarize a faxed document with an original signature?
yes, for any document as long as the signature is original
a notary may only certify a copy of a journal item entry upon receipt of which of the following:
a subpoena, a court order, a written request by the secretary of state
for an acknowledgment, a notary certifies
signer acknowledges his or her signature before a notary
Karen needs to acknowledge her signature on a document. upon scanning the document, however, the notary notices that the document is missing a safe deposit box number. since karen was in a hurry, she left the number at home. she assures the notary that she will fit it in when she gets home. can the notary notarize the document?
no, the document is incomplete
a notary was fined $10,000 for willfully stating as true a material fact in an acknowledgment certificate, knowing that the information was false. the penalty is a result of an action brought by whom?
public prosecutor
If you lose your journal or seal, how long do you have to notify the secretary of state?
immediately
what penalty could be enforced for failure to administer an oath or affirmation when required by law?
$2,500 fine
in order to provide a member of the public with a copy of a journal item entry, a california notary must require a written request containing what information?
type of document, month and year of notarization and name of signer
a document signer comes to you with a document they have already signed and asks to make an acknowledgment. How do you proceed?
identify the signer and ask them o acknowledge the signature on the document is theirs
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
TRUE – a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states
A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS?
TRUE – how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public.
In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?
TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks
The Secretary of State can remove a notary without serving a copy of the charges against him?
FALSE – the secretary of state must serve the charges and give him an opportunity to be heard.
No person shall be appointed a notary who has been convicted of any misdemeanor.
FALSE- a person cannot be appointed a notary if convicted of a felony
No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs?
TRUE – also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board).
An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS?
TRUE – this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State.
The secretary of state shall receive a fee of $20 for changing the name or address of a notary public
FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10.
Only the secretary of state may issue a certificate of official character.
FALSE- the county clerk may also issue a certificate of office
The secretary of state shall collect $10 for the issuance of a certificate official character?
TRUE – the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached
A certification of a notarial signature is issued by the court?
FALSE – a certification of a notarial signature is issued by the county clerk for a fee of $3
No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds
TRUE – also not eligible for appointment as a notary public
A commissioner of elections or inspector of elections is not eligible for the office of notary public.
FALSE- they are eligible for appointment as notary public
No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917?
TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940
There shall be at least one person in the county clerk’s office who shall notarize documents for the public free of charge.
TRUE- that person shall be exempt from the notary public examination fee and application fee.
A member of the legislature may not be appointed a notary public?
FALSE- a member of the legislature may be appointed a notary.
A sheriff may be appointed notary public
FALSE- Sheriffs cannot hold any other office
A notary public shall not notarize a paper if he has a pecuniary interest in the transaction
TRUE- such notarization would be invalid
The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped.
TRUE- also may be photographed or engraved thereon
A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public’s actions
FALSE- a notary public is liable for such damages
A person not commissioned a notary public who acts as a notary public is guilty of a felony.
FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor
A notary public who is licensed as an attorney in NYS may substitute the words “attorney and counselor at law” for “notary public”
TRUE- also, in NYC all notaries must affix to each instrument their official number
No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137
TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state
a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument.
TRUE- also if the notary public is a director or agent of such corporation
An official certificate of a notary may be valid even if his term of office had expired.
TRUE- also valid if there is a misspelling or other error made in his appointment or commission
An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned
TRUE- also may be valid if there was an omission of the notary public to take or file his official oath.
An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office.
TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act
The term “lien” includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.
FALSE- the definition applies to the legal term “conveyance”
The term “conveyance” does not include a will or lease for a term not exceeding 3 years.
TRUE – also does not include an executor contract for the sale or purchase of lands
Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties
TRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction
Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman.
FALSE- it may be made by a single woman or a married woman
A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument
FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance.
A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk
FALSE- the certificate must be signed by the person taking the acknowledgment of proof
An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured
FALSE- he is liable for damages to the person injured
A conveyance of real property shall not be recorded unless it is in the english language.
FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS
A deposition (may/may not) be taken before a notary public in a civil proceeding?
a deposition may be taking before a notary public in a civil proceeding
Within __ days of the opening of a the safe deposit box, a copy of the notary public’s certificate must be mailed to the lessee at his last known postal address
10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee
A notary public (has/has not) authority to solemnize marriages?
does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage
The oath of a public officer (may/may not) be administered by a notary public.
An oath to an official may be administered by a notary public.
A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS
TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students.
Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney
TRUE- notaries public are expressly prohibited from drawing up wills.
a notary public is not a public officer
FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office
A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _
misdemeanor, the oath must be as prescribed by law
A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.
TRUE- also a public officer cannot charge more for the service than is allowed by law
A public officer cannot receive a fee in advance of rending the service?
FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him
An officer who violates the fee provisions is liable for treble damages to the person aggrieved
TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office
The maximum term of an indeterminate sentence shall be at least __ years.
3 years, the term is fixed by the judge
For a class _ felony, the term shall be fixed by the court and shall not exceed 7 years
D
A sentence of imprisonment for a class “a” misdemeanor shall be a _ sentence
maximum of one year of a misdemeanor
A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument
Second degree
Forgery in the second degree is a class _ felony
D
Issuing a false certificate is a class _ felony
E
Official misconduct includes willfully committing an act relating to one’s office constituting an unauthorized exercise of his official functions
TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office
An officer before whom an oath or affidavit may be taken is bound to administer the same when required.
TRUE- refusal to do so is a misdemeanor
A person is guilty of perjury if under oath or _ he has given false testimony
AFFIRMATION- the testimony must have been given on a material matter
An _ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.
acknowledgement- the officer must know that the person making it is the person described and who executed the instrument
It is not essential that the person who executed the instrument sign his name in the presence of the notary.
TRUE- however, taking acknowledgements over the phone is illegal
A notary who takes an acknowledgment over the telephone is guilty of a _.
misdemeanor
Unless the person who makes the acknowledgment appears in front of the notary, the notary’s certificate that he so came is _.
Fraudulent
Making a false certificate is forgery in the _ degree
Second
A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest.
should not
An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will.
administrator
a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths.
affidavit
An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use
Apostile
An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary.
Authentication
Is an _ the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
Attestation clause
An _ is a solemn declaration made by persons who conscientiously decline taking an oath
Affirmation
A __ is a written instrument given to pass title of a personal property from vendor to vendee.
bill of sale
__ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods
chattel paper
a __ is an instrument made subsequent to a will and attached to the will
codicil
_ is anything of value given to induce someone to enter into a contract
consideration
a _ is a copy of a public record signed and certified as true copy by the public official having custody of the original.
certified copy
Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _
contempt of court
A _ is an agreement between competent parties to do or not do certain things for legal consideration.
contract
Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as
conveyance
Another term for County clerk’s certificate is _
authentication
A _ is one who makes an oath to a written statement
deponent
A __ is the testimony of a witness taken out of court, before a notary or other person.
deposition
Constraint exercised upon a person whereby he is forced to do some act against his will is known as
duress
_ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person.
escrow
An _ is one named in a will to carry out the provision of the will
executor
__ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other
Ex parte
A __ is a crime punishable by death or imprisonment over one year
felony
A __ is a person in charge of a minor’s person
guardian
A _ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness
judgement
The _ appoints and commissions notaries public in New York State.
Secretary of State
The jurisdiction of notaries public is __
New York State
Notaries public are appointed for _ years
4 years
Applications for notaries public are as prescribed by
the secretary of state
Attorneys and __ are exempt from taking the notary public exam
certain court clerks
Applicants for notary public must have the equivalent of a _ school education
common school
The _ may suspend or remove a notary public from office
Secretary of state
A person convicted of a _ cannot be appointed a notary public.
felony
A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public
cannot
A person sought to be removed as a notary public must be served a copy of the charges
true
An oath of _ shall be submitted to the secretary of state with the application for notary public.
office
The fee for notary public appointment is __
$60
The notary public identification card contains the appointee’s name, address, county and __
commission term
The secretary of state must send $20 fee to the _ by the 10th day of the following month
county clerk
The _ makes an index of commissions and official signatures transmitted by the county clerk.
secretary of state
The __ issues reappointment commissions to notaries public
county clerk
the _ shall receive a fee of $60 from each applicant for reappointment
county clerk
The county clerk shall transmit to the secretary of state __ from the fee for reappointment
$40
Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary.
$10
The secretary of state may issue a duplicate identification card for a fee of _
$10
The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public
secretary of state
The secretary of state shall collect for a certificate of official character issued by him the sum of $____
$10
The county clerk charges a fee of $__ to file a certificate of official character
$10
A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public?
is not
Each county clerk shall designate at least __ of his staff to act as notary public to notarize documents during business hours at no charge
one
A sheriff (may/may not) hold another office?
may not
A member of the legislature (may/may not) be appointed a notary public
may
A notary public who is pecuniarly interested in a transaction (is/is not) capable of acting as a notary public in that case
Since there is no prescribed wording for an oath, what would be an acceptable oath?
“Do you swear or affirm that the statements in this document are true?”
To clear a background check, the State law requires all applicants to be.
Fingerprinted
In which county does the notary applicant take, subscribe, and file an oath of office and file a $15,000 surety bond?
In the county where the notary public maintains a principal PLACE OF BUSINESS as shown in the application on file.
What is the penalty for failure to surrender the notary public journal to the peace officer when requested?
A civil penalty of up to $2,500 and grounds for revocation or suspension of notary commission
When the notary public commission is no longer valid, what must be done with the notary public seal?
The seal must be destroyed.
Sam, who is bilingual, took his affidavit of identity to Nate Notary’s office. Nate noticed the affidavit did not have the correct wording on the jurat. What must Nate do?
Use a California loose leaf Jurat Certificate.
Each time Nancy Notary preforms a notarization it is important for her to complete each step in its entirety. Which of the following is not Nancy’s responsibility?
Proof read the document
Nancy Notary is called to the hospital burn unit to notarize a Power of Attorney for Paul who is burned over 80% of 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?
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?
“Subscribed and sworn to (or affirmed) before me”.
What is the penalty for taking improper identification?
$1,500
For what does a notary receive a $10,000 Penalty?
The notary willfully states as true a material fact and/or falsifies a certificate of acknowledgment.
Failure to obtain the satisfactory evidence required to establish the identity of a single credible witness.
Which one of the following is not an act that constitutes the unlawful practice of law?
Completing a certificate of Acknowledgment.
Every signer must be identified by Satisfactory Evidence, which are:
Specified Paper Identification Documents
Oath of Two Credible Witnesses
Oath of a Single Credible Witness
By law, the notarial acts of Acknowledgment, Jurat, and Proof of Execution by Subscribing Witness certificates must have its own precise/exact wording and which of the following?
Specific Disclaimer
Ellen was called to an adult care facility to notarize a document for one of the clients. Teri gave Ellen her Canadian Identification Card. After a close examination, Ellen said she needed to use another form of ID. What might be reasons for not using Teri’s Canadian Identification Card?
The ID card was not current or issued in the last five years
The ID card had a hole punched through some of the identifying numbers
The ID was not from California
A proof of execution by a subscribing witness may be used in conjunction with
. a deed of reconveyance, or a trustee’s deed trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure
A notary public who willfully states as true any material fact known to be false is subject to a civil penalty not exceeding
$10,000
If a notary public discovers an error in a notarial act after completing the act, then the notary public should notarize the signature on the document again. Which of the following requirements for notarization is required for the new notarial act?
completing a new journal entry.
completing and attaching a new certificate containing the date of the new notarial act.
Notaries public may not charge any fees for notarizing which of the following documents?
A circulator’s affidavit
During the signature by mark process, __ witness(es) should write the signer’s name next to the signer’s mark
one
For a signature by mark notarization, which of the following is a true statement?
Both witnesses must be identified by proper identification documents
The penalty for stating a known false fact as true is now
$10,000
The fine for willful failure to notify the Secretary of State of an address or name change is:
$500
Signers of the following documents must leave a right thumbprint:
Power of Attorney
Trust Deed for real estate
A notary is obligated to:
Reimburse a surety company for bond funds paid out
Influencing a notary to perform improperly is a:
Misdemeanor
A man inherits a property in Alabama with his sister and they must send an affidavit to the court. He can have a friend notarize his signature and:
He can’t do either notarization
Which of the following lists are all Notary Actions:
Proof of Execution, Jurat, Oath of Office, Acknowledgment
Credible witnesses:
Must not have a financial interest in the document
An employer of a Notary can:
Copy Journal entries of business generated documents in front of the notary
The most frequently completed form is:
The acknowledgment
Which items must always be put in the journal:
Date, time, type of document, fees
A written request for a photocopy of a journal entry must contain:
Type of document, month and year of notarization and names of parties
Notaries may not certify a copy of a:
Journal entry requested by a member of the public
A notary who does not deliver papers to a county clerk after they allow a commission to expire is:
Guilty of a misdemeanor
A certificate reads: Subscribed & Sworn to before me on August 5, 2007 by __. Whose name goes on the blank?
Signer
You are not automatically disqualified from doing a notarization when you are a:
Real Estate Agent
By contract an employee and employer can:
Limit services solely to their business
By using the term notario publico in an advertisement, the Notary’s commission could be:
Suspended for a period of not less than one year and revoked on the second offense
When a notary is employed by a city, county or state agency, fees collected for non-agency related notarization are:
Remitted by the Notary Public to the employing agency
When performing a signature by mark notarization:
The signer must make his or her mark in the Notary’s journal
Which of the following must be included in a Journal:
Character of every document
If a credible witness personally knows the signer and the notary:
Only one witness is needed
When the venue of the Notary’s certificate has been filled in beforehand with an incorrect state and county, the Notary must:
Line through the inapplicable words, writing in the correct state and county
Any person who coerces a notary to perform improperly is guilty of:
Misdemeanor
A foreign passport must have one additional item:
Stamp from U.S. Immigration Agency
To meet the 30 calendar day filing limit of the oath with the county you must:
Allow for any form of delay
The key wording of an acknowledgement is:
Personally appeared
A subscribing witness can be identified by:
One credible witness known to the subscribing witness and the notary who has ID
It is never acceptable to affix a notary seal and signature to a document without:
The notarial wording
When a public agency pays an employee’s expenses, the fees:
Are never collected
The expiration or resignation of a commission will not prohibit the California Secretary of State from moving forward with an investigation or disciplinary action against a notary public.
True
Within the time specified in the written request by the California Secretary of State, a notary public must furnish the California Secretary of State certified copies of his or her notarial journal, or any portion of the journal that is requested.
True
In addition to the notary public _ is/are liable in a civil action for all the damages sustained from his/her misconduct.
sureties on the notary public’s official bond
All applicants must complete a background check within _ of satisfactorily completing the examination.
One year
A notary public’s jurisdiction is limited to the county in which the oath and bond are filed.
False
The journal entry for all _ must include a statement indicating satisfactory evidence was obtained.
acknowledgments, jurats, proofs of execution
The only type of notary public who must charge fees for all services is a notary public:
acting for or on behalf of the state or county agency that employs them
If the California Secretary of State either denies an application or proceeds to revoke or suspend the commission of a notary public, the person affected has no recourse and must accept the decision.
False
A notary public can take an acknowledgment on a document that is incomplete as long as the signer agrees to deliver the completed document to the notary public within 24 hours.
False
The certificate of acknowledgment is identified by the wording “whose name is subscribed to the within instrument and acknowledged to me that he executed the same. . .”.
True
A notary public only can use the notary public’s seal for purposes described in the California Government Code and can only use the title “notary public” to render notarial services.
True
Perjury is punishable by imprisonment in the state prison for:
2, 3, 4 years
Substantial civil penalties of up to $2,500 can be assessed for which notarial failure?
Willful failure to provide his/her journal to a peace officer when requested to do so & Failure to obtain a thumbprint in the notary public journal when required
A notary public who completes a certificate of acknowledgment that contains statements the notary public knows to be false may be liable for:
civil penalties & administrative action
By completing a certificate of acknowledgment, the notary public is certifying under penalty of perjury:
-that the signer personally appeared before the notary public on the date indicated
-that the signer personally appeared before the notary public in the county indicated in the venue heading
-to the identity of the signer (based on satisfactory evidence)
-that the signer acknowledged signing the document
All official acts performed as a notary public must be recorded sequentially in the notary public’s active journal within 24 hours of the time the notarial act is performed.
True
If a notary public makes and delivers as true any certificate or writing containing statements, which he/she knows to be false, the notary public is guilty of:
a misdemeanor
A notary public must refuse to perform any notarial act that is not described in California law.
True
If a notary public takes and subscribes the oath in front of another notary public, the completed oath and bond must be sent to the county clerk via:
certified mail or in-person delivery
Federal civil service employee notaries public cannot collect fees for their services.
True
Upon termination of employment, a notary public employee must surrender their journal to their employer
False
Federal civil service employees can serve as notary public for military and naval reservations within California.
True
The notarial certificate for a jurat is identified by the wording:
“Subscribed and sworn to (or affirmed)”
When performing a signature by mark, the witnesses must sign their names next to the signer’s mark on the document.
True
Any person who knowingly solicits, coerces, or in any manner influences a notary public to perform an improper notarial act shall be guilty of a misdemeanor.
True
The character of every instrument sworn, affirmed, acknowledged, or proved before the notary public must be recorded in each journal entry. The “character of every instrument” means:
the kind or type of document on which the signature is being notarized
A notary public seal must include the sequential identification number assigned to the manufacturer or vendor by the California Secretary of State.
True
A California notary public has jurisdiction in all 50 states
False
For an acknowledgment or proof of a deed, or other instrument, including the seal and writing the certificate, the maximum fee a notary public may charge is:
$15 for each signature acknowledged
A notary public cannot charge for performing a protest because it is part of the notary public’s service to the financial institution that employs them.
True
An individual whose commission expires before applying for a new commission must take a _-hour notary public education course.
Six
A notary public’s employer could make it a condition of employment that the notary public charges no fee for notarial services.
True
When performing a proof of execution by a subscribing witness, because a notary public must personally know the credible witness, the notary public is not required to confirm the identity of the credible witness by examining an identification document.
False
A notary public cannot notarize:
his/her own signature or a transaction in which he/she has a direct financial or beneficial interest
The second most frequently performed notarial act is administering an oath or affirmation and completing a jurat.
True
If the notarial journal is surrendered to a peace officer, the notary public must obtain a receipt for the journal.
True
There are _ basic rules about the fees a notary public can charge.
Four
If a customer has more than one document that contains notarized signatures, a separate line must be used for each document.
True
When taking a deposition, a notary public may charge an additional _ for administering the oath to the witness.
$7
As long as the notary public has consulted an immigration attorney in advance, the notary public can advise a person regarding which immigration document or form the person should complete.
Fasle
If a customer brings a document to a notary public without a notarial certificate and asks the notary public to “notarize” it, the notary public
cannot advise the customer on which notarial form should be used
must allow the customer to decide which notarial form should be used
When notarizing an acknowledgment on California subdivision maps, the notary public must type or print what information in lieu of his/her seal?
-The notary public’s name
-The county of the notary public’s principal place of business
-The notary public’s commission expiration date
False certification by a notary public may be a felony.
False
A document executed with a jurat should always be signed before the document is presented to the notary public.
False
A notary public cannot record and transcribe an oral deposition in shorthand unless the notary public is:
-a certified shorthand reporter
-licensed by the Court Reporters Board of California
When using two credible witnesses to establish the identity of the signer, the notary public does not need to personally know either of the credible witnesses.
True
A certificate of acknowledgment often will be found on the first page of a document.
False
A certificate of authorization to obtain an official seal will be provided by the California Secretary of State with the notary public’s commission.
True
A request made by a member of the public for a photostatic copy of a journal entry must include:
-the name of the parties
-the type of document
-the month and year in which the notarial act occurred
If a notary public’s official journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public must notify the California Secretary of State:
Immediately
Willful failure to notify the California Secretary of State of a change of address is punishable as an infraction by a fine of up to $500.
True
A person cannot serve as a notary public until their oath of office and bond have been filed with the county clerk.
True
An infraction is punishable by a:
Fine
The notary public cannot assist a person in completing any immigration document, except for the signature and date.
True
A notary public may charge a maximum of _ per line item copied from the notary public’s journal.
$0.30
To establish the identity of a signer, an example of an acceptable i.d. card is:
-an inmate identification card if the inmate is in custody in a California state prison
-a valid consular identification document issued by a consulate from the applicant’s country of citizenship
-a driver’s license issued by a Canadian or Mexican public agency
-an employee identification card issued by an agency or office of the California government
Under oath or affirmation, the credible witness must swear or affirm that which of the following statements are true?
-The individual appearing before the notary public as the signer of the document is the person named in the document
-The credible witness personally knows the signer
-The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification
-The signer does not possess any of the identification documents authorized by law to establish the signer’s identity
A notary public seal and signature cannot be affixed to a certificate of acknowledgment without the correct notarial wording.
True
If a notary public’s commission has expired, willful failure to deliver the notarial journal and other notarial records to the county clerk within 30 days makes the notary public personally liable for damages to any person injured by the non-delivery.
True
Upon the death of a notary public or the termination, resignation or revocation of his/her commission, the notary public or his/her representative must do what with the notary public’s seal?
-Destroy the seal
-Deface the seal
The certificate of acknowledgment must be executed under penalty of perjury.
True
An original certificate of authorization or a copy can be used to purchase a notary public seal.
False
The credible witness must be someone who personally knows the signer.
True
On a certificate of acknowledgment, the “County” in the venue statement must be completed with the name of the county where the notarial act took place.
True
By completing a certificate of acknowledgment, the notary public is certifying the legality of the underlying document.
False
After filing a name change form and receiving an amended commission, the notary public must file:
-a new oath of office
-an amendment to the bond
In regard to immigration documents, if a notary public is also _, that notary public may assist a client by inserting the answers given to him/her by a client.
a California registered immigration consultant
A notary public can certify copies of which type of document(s):
-powers of attorney
-copies of his/her sequential journal
-copies of portions of his/her sequential journal
When using a single credible witness, the credible witness must personally know the signer, and the notary public must:
personally know the credible witness
Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county jail for not more than:
One year
When a subscribing witness appears on the principal’s behalf to prove the principal signed the document, this action is called:
-proof of execution
-proof of execution by a subscribing witness
The most frequently performed notarial act is a/an:
Acknowledgment
Upon receipt of a subpoena duces tecum or a court order, a notary public must certify the requested journal entries if asked to do so.
False- He/She provide the journal for examination and copying
Because California is a community property state, performing notarial services for a spouse or domestic partner could create a conflict of interest for a notary public.
True
The certificate of acknowledgment must be executed under penalty of perjury.
True
An original certificate of authorization or a copy can be used to purchase a notary public seal.
False
“Personally know” is clearly defined in California law.
False
An acknowledgment is the _.
notarial certificate attached to a document
Notaries public must notify the California Secretary of State within _ of changing their business or residence address.
30 days
If the notarial journal is surrendered to a peace officer, the notary public must notify the California Secretary of State and include the dates covered for the journal entries in the surrendered journal, the notary public’s commission number, the expiration date of the notary public’s commission and a copy of the receipt given by the peace officer for the journal.
True
Both the FBI and DOJ will provide criminal history records for all California notary public applicants to the California Secretary of State.
True
A notary public must respond within 30 days of receipt of a journal copy request.
False
A notary public performing notarial duties for an employer must permit the employer or the employer’s auditor or agent to inspect and copy journal entries.
True
When obtaining a jurat, the date of signature for the signer of the document should be the same as the actual date the signer appears before the notary public to obtain the jurat.
True
On a certificate of acknowledgment, the venue statement establishes:
-where the notary public performed the acknowledgment
-where the signer personally appeared before the notary public
For all services in connection with the taking of any deposition, the maximum fee a notary public may charge is $30.
$30
When making a journal entry following an acknowledgment, if the document does not have a title, the notary public should ask the signer to:
describe the purpose of the document
If a notary public resigns, is disqualified, or is removed from office, the notarial journal and all other notarial records must be delivered to the clerk of the county in which the notary public’s current oath is on file within 30 days of the resignation, disqualification or removal.
True
A notary public cannot certify copies of birth, fetal, death and marriage records.
True
The maximum time a notary public may be imprisoned in the county jail for forgery is:
One year
After the notary public has established the identity of the credible witness, the notary public must administer an oath or affirmation to the credible witness:
to establish the identity of the signer
When performing a signature by mark, the “mark” must be an “X”.
False
If a notary public is convicted of a _, the court must revoke the notary public’s commission
-felony
-crime related to notarial misconduct
Only first time applicants for appointment must complete the notary public application form prescribed by the Secretary of State.
False
If the notary public gives a jurat for a document that includes the signer’s birthdate or age and a photograph or their finger or thumb print, the notary public must require the signer to verify their birthdate or age by showing:
-a certified copy of the signer’s birth certificate
-an identification card issued by the California Department of Motor Vehicles
-a driver’s license issued by the California Department of Motor Vehicles
A deposition is a method of providing oral or written testimony under oath outside of a court proceeding
True
A notary public who is interested in obtaining authorization to issue confidential marriage licenses may apply to _ for approval.
the county clerk
When certifying a copy of a power of attorney, it is permissible for the notary public to personally make a copy of the original document and certify that.
True
Failure to secure a notary public seal may result in:
-suspension of the notary public’s commission
-revocation of the notary public’s commission
-civil penalties
-criminal penalties
An acquaintance substantial enough for a notary public to establish personal knowledge of a single credible witness includes:
-multiple meetings with the credible witness
-recent meetings with the credible witnesses
-meetings with the credible witness during which he/she is identified by other people
When recording a journal entry for a jurat, if the document subscribed and sworn or affirmed does not have a title, the notary public may indicate the type of document is _ or _.
a declaration / an affidavit
The oath of office and bond must be filed within _ of a notary public’s commencement date.
30 days
On termination or resignation of employment with a public entity, the notary public employee must:
-immediately send written notice of resignation to the California Secretary of State
-deliver all notarial records to the county clerk within 30 days
-deface or destroy his/her seal
If the notary public accepted an identification document to meet the requirements of “satisfactory evidence,” then the notary public must record the type of identification document, the governmental agency that issued the identification, the serial or identifying number on the identification document, and:
-the date the identification document was issued
-the date the identification document expires
For certifying a copy of a power of attorney under California Probate Code section 4307, a notary public may charge a maximum of $10.
False
Misrepresentations or omissions in the notary public application may be considered forgery.
False
A notary public may have his/her commission permanently revoked for a second offense of translating the term “notary public” into Spanish.
True
When certifying a power of attorney, the California Secretary of State has a _ form of notarial certificate for the notary public’s use.
Suggestion
A notary public must always administer an oath or affirmation:
before completing a jurat
Notary public criminal misconduct may be a:
-felony
-misdemeanor
-infraction
When completing a certificate for proof of execution by a subscribing witness, the California Secretary of State does not require a specific form to be used.
False
Notaries public who will perform services for an employer or at their employer’s business location should list what as their business address?
The name and address of their employer
A felony is punishable by a fine or a term in state prison/county jail.
False
A notary public with a new commission can take and subscribe the oath in front of another notary public as long as:
the oath is given in the county where the oath and bond for the new commission will be filed
A signer’s identification documents must be current or have been issued within the previous _.
5 years
If the 30 day oath and bond filing deadline is missed, a notary public’s commission is:
invalid
Because it is a duty of a notary public to take depositions, a notary public is always necessary when a deposition is conducted.
False
Upon receipt of a subpoena duces tecum or a court order, a notary public must:
provide the journal for examination and copying
When taking an acknowledgment, the notary public should visually scan the document and if the document appears to be incomplete, the notary public
must refuse to take the acknowledgment until the document is completed
On a certificate of acknowledgment, the “County” in the venue statement is the county where the signer signed the document he/she is acknowledging.
False
A California notary public should never complete an out-of-state acknowledgment form that will be used in another state or territory of the United States.
False
A notary public with knowledge that a deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony.
True
When presented with a document, the notary public is notarizing:
the signature of the person who signed the document
The signer of an affidavit or declaration will be said to be “subscribing and swearing (or affirming) to”:
the contents of the affidavit
A proof of execution proves the identity of the:
principal
When notarizing an acknowledgment on California subdivision maps, the notary public’s name, the county of the notary public’s principal place of business, and the commission expiration date must be typed or printed where?
-below the notary public’s signature
-immediately adjacent to the notary public’s signature
If a notary public is asked to take a deposition and the notary public is not a certified shorthand reporter, the notary public should:
-inform the person that he/she is only able to take the deposition in longhand
-suggest to the person that they may wish to contact a certified shorthand reporter to take the deposition
All official acts performed as a notary public must be recorded sequentially in the notary public’s active journal within 24 hours of the time the notarial act is performed.
False
When referring to a signed document, the “principal” is:
the person who signed the document
If a blank certificate of acknowledgment is already attached to a document when it is presented to the notary public, the notary public must remove the existing certificate and attach his/her own certificate of acknowledgment.
False
The California all-purpose acknowledgment form must be used for any document that will be used in another country.
True
If a notary public’s commission expires and the notary public has not obtained reappointment within 30 days after the expiration of the commission, then the notarial journal and other notarial records must be delivered within the next 30 days to:
the county clerks office
The duty of a notary public on demand to protest the nonacceptance and nonpayment of foreign or inland bills of exchange, or promissory notes is nearly obsolete.
True
A notary public who is not a licensed California attorney and advertises notarial services in a language other than English must post with the advertisement both in English and the other language:
-that the notary public is not an attorney
-that the notary public cannot give legal advice
-the statutory fees that he/she may charge for notarial services
A notary public cannot notarize the signature on a document affecting the immigration or citizenship status of any person.
False
The required disclaimer on a certificate for a proof of execution by a subscribing witness must:
-be in an enclosed box
-appear at the top of the certificate
-be in a font or typeface that is readable
-be in a font or typeface that does not impair its readability
A thumbprint or fingerprint is required for all documents affecting real property except:
-trustee’s deeds for a decree of foreclosure
-nonjudicial foreclosure
-deed of reconveyance
A notary public appointed to serve on a military or naval reservation must be a United States citizen.
True
Notaries public employed by a financial institution can charge up to $10 for performing a protest in the course and scope of their employment.
False
The California Secretary of State issues _ with which a notary public can obtain an official notary public seal.
certificates of authorization
After receiving a journal copy request, a notary public must provide:
-a plain copy of the requested journal entry
-an acknowledgment that no such line item exists
A document containing statements sworn or affirmed by the signer to be true and correct typically is referred to as an _ or a _.
“affidavit” / “declaration”
Financial penalties for notarial misconduct are assessed instead of the denial of an application or suspension or revocation of the notary public commission.
False
A notary public cannot complete or affix a jurat to a document mailed or otherwise delivered to the notary public for which the signer did not:
-personally appear before the notary public
-take the oath or affirmation
-sign in the presence of the notary public
A notary public may be subject to a civil penalty not to exceed $10,000 in which situation?
-Failure to obtain the satisfactory evidence required to establish the identity of a credible witness
-If the notary public willfully states as true a material fact that the notary public knows is false in a certificate of acknowledgment
A notary public with knowledge that a deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony.
True
A principal can swear to the truth of the contents of a document by means of a proof of execution.
False
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
-the address where the notary public receives mail related to their notary public commission
A notary public must report any change in mailing, business or residence address to:
the California Secretary of State
A notary public is barred from advertising in any manner whatsoever that he or she is a notary public if the notary public also promotes himself or herself as an immigration specialist or consultant.
True
If a notary public surrenders the official journal to a peace officer the notary public:
must obtain a new journal
A notary public may be subject to a civil penalty not to exceed $10,000 in which situation?
Failure to obtain the satisfactory evidence required to establish the identity of a credible witness
B. If the notary public willfully states as true a material fact that the notary public knows is false in a certificate of acknowledgmen
After the notary public has established the identity of the credible witness, the notary public must:
administer an oath or affirmation to the credible witness
If a notary public’s official journal is rendered unusable, the notary public must immediately notify the California Secretary of State by:
-certified mail
-registered mail
-physical delivery
A signer can certify their own vital information by swearing to the contents of a document containing that information.
True
The term of office for a notary public is:
4 years
On a certificate of acknowledgment, the venue statement establishes:
-where the notary public performed the acknowledgment
-where the signer personally appeared before the notary public
If a notary public’s commission expires and the notary public has not obtained reappointment within 30 days after the expiration of the commission, then the notarial journal and other notarial records must be delivered within the next 30 days to:
the county clerks office
If a notary public translates the term “notary public” into Spanish, the punishment for the first offense of doing so is:
-suspension of the notary public’s commission for not less than one year
-revocation of a notary public’s commission
An acknowledgment is the _.
notarial certificate attached to a document
Some acts of notarial misconduct can incur a maximum civil monetary penalty of $750.
True
A notary public acting in his or her official capacity on behalf of the state, city, county or any public body cannot charge for notarization of _ in relation to securing a pension.
-affidavit
-application
-voucher
If the notarial journal is surrendered to a peace officer, the notary public must notify the California Secretary of State within _ day(s) of surrender.
10 days
If the address of a notary public’s principal place of business changes from one county to another, the notary public must take and file a new oath of office and bond in the county where the new business address is located.
False
Notaries public employed by a financial institution can charge up to $10 for performing a protest in the course and scope of their employment.
False