California Notary Public Exam — Questions and Answers

Question 1: What should a California notary do if a signer refuses to provide identification or a thumbprint when required?

Call law enforcement
Refuse to notarize the document (Correct answer)
Ask the signer to come back with an attorney
Proceed with the notarization and note the refusal in the journal

Correct answer: Refuse to notarize the document

A California notary public must refuse to perform a notarization if the signer cannot or will not provide satisfactory identification or a required thumbprint. These are mandatory steps to verify identity and prevent fraud, and failure to comply means the notarization cannot proceed. The notary's duty is to protect the public trust.

Question 2: A California notary notarizes 3 signatures on one document. What is the maximum total fee they may charge?

$45 (Correct answer)
$15
$30
$60

Correct answer: $45

Since the maximum fee is $15 per signature, three signatures on one document allows a maximum charge of $45.

Question 3: What should a California notary do if they suspect an ID document presented is counterfeit?

Refuse the notarization and may report suspected fraud to law enforcement (Correct answer)
Accept it but note the concern in the journal
Confiscate the ID and report immediately
Accept it if it looks reasonable

Correct answer: Refuse the notarization and may report suspected fraud to law enforcement

A notary who suspects an ID is counterfeit should refuse to perform the notarization, as they cannot be satisfied of the signer's identity; they may also report the suspected fraud to law enforcement.

Question 4: Can a notary charge a fee for providing legal advice?

Yes, as long as they are qualified to give legal advice
No, notaries are prohibited from giving legal advice (Correct answer)
Yes, but only if the client specifically requests it

Correct answer: No, notaries are prohibited from giving legal advice

Notaries public are strictly prohibited from practicing law, which includes offering legal advice, drafting legal documents, or interpreting the legality of a document. Their role is purely ministerial, focused on verifying identities and witnessing signatures, not providing legal counsel. Doing so could constitute the unauthorized practice of law.

Question 5: A signer wants to use a foreign passport to establish identity for a California notarization. Is this acceptable?

Only if the passport has a U.S. visa stamp
Only for non-citizens who lack other ID
Yes, a current foreign passport is an acceptable form of ID under California law (Correct answer)
No, only U.S. passports are acceptable

Correct answer: Yes, a current foreign passport is an acceptable form of ID under California law

California law specifically lists current foreign passports as an acceptable form of identification for notarial acts.

Question 6: Can a notary refuse to notarize a document?

No, a notary must notarize any document presented
Yes, if the notary is simply unwilling to do so
Yes, if the notary suspects fraud or wrongdoing (Correct answer)

Correct answer: Yes, if the notary suspects fraud or wrongdoing

Notaries public have a legal and ethical obligation to refuse a notarization if they suspect any fraud, coercion, or if the signer does not appear willing or competent. This power to refuse is a critical safeguard designed to protect the public and maintain the integrity of the notarization process, preventing illegal or fraudulent transactions.

Question 7: Is a California notary required to post their fee schedule?

Only if they charge more than $10 per act
Only if the notary works in a bank
No, posting is optional
Yes, fees must be posted in a conspicuous place in the notary's office if they charge fees (Correct answer)

Correct answer: Yes, fees must be posted in a conspicuous place in the notary's office if they charge fees

California law requires notaries who charge fees to post their fee schedule in a conspicuous location in their place of business.

Question 8: A California notary loses a civil lawsuit for damages caused by a negligent notarization. The damages are $30,000. How much must the notary pay personally?

$15,000 from the bond and nothing more
$15,000 from the bond; the notary owes the remaining $15,000 personally (Correct answer)
Nothing; the bond covers all damages
The full $30,000 personally since they were negligent

Correct answer: $15,000 from the bond; the notary owes the remaining $15,000 personally

The surety bond pays up to $15,000 to the injured party; the notary is personally responsible for any damages that exceed the bond amount.

Question 9: For how many years must a California notary retain journal entries for notarizations involving real property documents specifically?

10 years (Correct answer)
15 years
7 years
5 years

Correct answer: 10 years

California requires all journal records, including those for real property notarizations, to be retained for 10 years from the date of the last entry in the journal.

Question 10: A signer presents a U.S. military ID card for a California notarization. Is this acceptable?

Only for active-duty military signers
No, military IDs are not listed as acceptable in California
Yes, a current U.S. military ID card is on California's acceptable ID list (Correct answer)
Only if accompanied by another form of ID

Correct answer: Yes, a current U.S. military ID card is on California's acceptable ID list

California Government Code lists a current U.S. military ID card as an acceptable form of identification for notarial purposes.

Question 11: What is the purpose of a notary journal?

To record details of all notarizations performed (Correct answer)
To track the notary's income
To record personal information about the notary

Correct answer: To record details of all notarizations performed

A notary journal is a mandatory official record where a notary public must log details of every notarization performed. This journal serves as a crucial audit trail, documenting information such as the date, time, type of notarization, document title, and signer identification. It is essential for preventing fraud and protecting both the public and the notary.

Question 12: Under California law, may a notary rely on personal knowledge of a signer in lieu of an ID document?

Yes, a notary who personally knows the signer may rely on personal knowledge (Correct answer)
Only for family members of the notary
No, an ID document is always required
Only for repeat clients with at least 5 prior notarizations

Correct answer: Yes, a notary who personally knows the signer may rely on personal knowledge

California law allows a notary to rely on personal knowledge of the signer's identity as a valid means of identification without requiring an ID document.

Question 13: What is the protocol for a California notary if their notarial journal is lost, stolen, or destroyed?

Do nothing and continue without a journal
Purchase a new journal from a local office supply store
Start a new journal without reporting the loss
Immediately notify the Secretary of State by mail or email (Correct answer)

Correct answer: Immediately notify the Secretary of State by mail or email

If a California notary's journal is lost, stolen, or destroyed, they are legally required to immediately notify the Secretary of State by mail or email. This prompt notification is crucial for preventing misuse of the journal and for the Secretary of State to take appropriate action, protecting the public from potential fraudulent acts.

Question 14: For an acknowledgment, what must the notary personally verify about the signer?

That the signer read the document
That the signer personally appeared and is who they claim to be (Correct answer)
That the signer has legal authority to sign
That the document is free of errors

Correct answer: That the signer personally appeared and is who they claim to be

The notary must verify that the signer personally appeared before them and satisfactorily proved their identity.

Question 15: What is a notary seal?

A personal stamp with the notary's information (Correct answer)
A handwritten signature
A digital signature

Correct answer: A personal stamp with the notary's information

A notary seal is an official, physical stamp or embosser that contains specific identifying information about the notary, such as their name, commission number, and the county where their principal place of business is located. This seal is affixed to documents to officially authenticate the notary's act and is a mandatory requirement for all notarizations.

Question 16: What is a notary seal?

A personal stamp with the notary's information (Correct answer)
A handwritten signature
A digital signature

Correct answer: A personal stamp with the notary's information

Question 17: What must a California notary do if they are directed by an employer to perform an improper notarial act?

Refuse to perform the improper act, as the notary is personally responsible for all notarizations (Correct answer)
Report the employer to the county clerk first
Comply with the employer's instructions to keep their job
Perform the act but document the employer's instruction in the journal

Correct answer: Refuse to perform the improper act, as the notary is personally responsible for all notarizations

California notaries are personally and individually responsible for every notarial act they perform; employer instructions do not shield a notary from liability for improper acts.

Question 18: A California notary public applies their seal, but the impression is smudged and unreadable. What is the appropriate action?

Sign and complete the notarization anyway, since the seal was applied
Proceed without a seal and note the malfunction in the journal
Re-apply the seal in a clear area so a legible impression appears on the document (Correct answer)
Use a different seal belonging to a colleague

Correct answer: Re-apply the seal in a clear area so a legible impression appears on the document

If the seal impression is illegible, the notary should re-stamp it in a clear area on the certificate to ensure a photographically reproducible impression is present.

Question 19: What should a notary do if they make a mistake in their journal?

Erase the mistake and write the correct information
Cross out the mistake and write the correct information next to it (Correct answer)
Start a new journal

Correct answer: Cross out the mistake and write the correct information next to it

When a notary makes a mistake in their journal, they must never erase or obliterate the entry to maintain the integrity of the record. The correct procedure is to draw a single line through the incorrect information, ensuring it remains legible, and then write the correct information clearly next to it, often with their initials. This preserves the complete history of the entry.

Question 20: What constitutes 'personal knowledge' for a California notary identifying a signer?

Recognizing the signer from a prior notarization in the journal
Seeing the signer's name on a mailbox or door
A familiarity with the individual resulting from dealings sufficient to provide reasonable certainty that the person is who they claim to be (Correct answer)
Being told the signer's name by a mutual acquaintance

Correct answer: A familiarity with the individual resulting from dealings sufficient to provide reasonable certainty that the person is who they claim to be

California defines personal knowledge as a familiarity with the individual through prior dealings that gives the notary reasonable certainty of the person's identity.

Question 21: What is the role of the Secretary of State in relation to notaries?

Investigates notary misconduct
Regulates notary fees
Issues notary commissions (Correct answer)

Correct answer: Issues notary commissions

In California, the Secretary of State is the government agency responsible for appointing and commissioning notaries public. They oversee the application process, issue commissions, and provide regulatory guidance to ensure notaries adhere to state laws and procedures. This central authority maintains oversight of all notarial acts in the state.

Question 22: Can a notary refuse to notarize a document?

Yes, if the notary is uncomfortable with the document
Yes, if the notary suspects fraud or wrongdoing (Correct answer)
No, a notary must notarize any document presented

Correct answer: Yes, if the notary suspects fraud or wrongdoing

Notaries public have a legal and ethical obligation to refuse a notarization if they suspect fraud, coercion, or if the signer does not appear willing or competent. This power to refuse is a critical safeguard designed to protect the public and maintain the integrity of the notarization process, preventing illegal or fraudulent transactions.

Question 23: A California notary is convicted of forgery. What is the likely consequence for their commission?

Completion of ethics training
Suspension for 1 year
A written warning
Mandatory revocation of the commission, as forgery is a crime of moral turpitude (Correct answer)

Correct answer: Mandatory revocation of the commission, as forgery is a crime of moral turpitude

Forgery is a crime of moral turpitude and a felony that constitutes mandatory grounds for revocation of a California notary commission.

Question 24: What is the primary duty of a notary public?

Draft legal documents
Provide legal advice
Witness signatures and administer oaths (Correct answer)

Correct answer: Witness signatures and administer oaths

The primary duty of a notary public is to serve as an impartial witness to the signing of important documents and to administer oaths and affirmations. This role is crucial for deterring fraud and ensuring that the individuals signing documents are indeed who they claim to be and are doing so willingly. Notaries do not provide legal advice or draft documents.

Question 25: A notary is disciplined by the Secretary of State for misconduct. Can they reapply for a new commission?

Only if the misconduct did not involve fraud
Yes, after a waiting period and with demonstrated rehabilitation, they may reapply (Correct answer)
No, revocation is permanent
Yes, immediately after the revocation period ends

Correct answer: Yes, after a waiting period and with demonstrated rehabilitation, they may reapply

A notary whose commission has been revoked may reapply after a waiting period if they can demonstrate rehabilitation, though a prior revocation will be considered in the new application.

Question 26: Is it ethical for a notary to notarize a document if they suspect fraud?

Yes, but only if they report the suspicion to authorities
No, they should refuse to notarize the document (Correct answer)
Yes, as long as they get paid

Correct answer: No, they should refuse to notarize the document

It is unethical and often illegal for a notary to proceed with a notarization if they suspect fraud, coercion, or any other wrongdoing. Notaries are entrusted with preventing fraud, and their duty requires them to refuse service in such circumstances to protect the public and the integrity of the transaction. Reporting suspicious activity may also be necessary.

Question 27: What makes someone a 'credible witness' for California notarial identity purposes?

A notary from another county who knows the signer
Any adult citizen who knows the signer
A person who personally knows the signer, is not a party to the transaction, and takes an oath to the signer's identity (Correct answer)
A licensed attorney who can vouch for the signer

Correct answer: A person who personally knows the signer, is not a party to the transaction, and takes an oath to the signer's identity

A credible witness must personally know the signer, not be named in the document, not have a financial interest in the transaction, and swear an oath to the signer's identity.

Question 28: What identifying information about the signer must a California notary record in their journal?

Signature, type of ID, ID number, and issuing agency/date of ID (Correct answer)
Full name, address, and date of birth
Name, phone number, and employer
Signature and a photocopy of the ID

Correct answer: Signature, type of ID, ID number, and issuing agency/date of ID

California's journal requirements include the signer's signature, the type of identification used, the ID number, and the issuing agency or date of issuance.

Question 29: Which notarial act requires the signer to swear or affirm that the contents of a document are true?

Apostille
Acknowledgment
Jurat (Correct answer)
Certification

Correct answer: Jurat

A jurat requires the signer to swear or affirm under oath that the document's contents are true, and the notary certifies this oath was administered.

Question 30: What information must a California notary public include in the notarial journal when recording the notarization of a document?

The color of the signer's pen
The notary's personal opinions about the document
The type of notarization (acknowledgment or jurat), the date and time of the act, the type of document, the signer's identification information, and the notary's fee (Correct answer)
The weather conditions on the day of notarization

Correct answer: The type of notarization (acknowledgment or jurat), the date and time of the act, the type of document, the signer's identification information, and the notary's fee

California law mandates specific information to be recorded in the notary journal for each act. This includes the type of notarization (acknowledgment or jurat), the date and time, the type of document, the signer's identification information, and the fee charged. This comprehensive record provides an essential audit trail and helps prevent fraud.

Question 31: May a California notary refuse service to a signer who cannot afford the notary fee?

No, notaries must serve all signers regardless of ability to pay
Only for non-profit-related documents
Only if the notary is employed by the government
Yes, a notary is generally not obligated to provide free service except where law mandates it (Correct answer)

Correct answer: Yes, a notary is generally not obligated to provide free service except where law mandates it

California notaries are generally not required to provide free notarial services unless a specific law mandates it; they may decline service if a signer cannot pay the fee.

Question 32: What is the maximum number of individuals who can be acknowledged in a single California notarial certificate?

No limit, as long as all appear simultaneously (Correct answer)
Two
One
Four

Correct answer: No limit, as long as all appear simultaneously

California law does not limit the number of signers who may be acknowledged on a single certificate, provided all appeared before the notary.

Question 33: What should a notary do if they witness suspicious behavior during a notarization?

Refuse to notarize the document and report the incident (Correct answer)
Ignore the behavior and proceed with the notarization
Ask the signer to leave and return later

Correct answer: Refuse to notarize the document and report the incident

Notaries are obligated to refuse to notarize if they witness suspicious behavior that suggests fraud, coercion, or an unwilling signer. In such cases, they should refuse the notarization and, if appropriate, report the incident to the proper authorities. This action upholds their duty to protect the public trust and prevent illegal activities.

Question 34: What is the purpose of a notary journal?

To record personal information about the notary
To record details of all notarizations performed (Correct answer)
To track the notary's income

Correct answer: To record details of all notarizations performed

Question 35: What is the primary ethical obligation of a notary public?

Protect the public trust (Correct answer)
Prioritize the needs of the signer
Maximize personal profit

Correct answer: Protect the public trust

The primary ethical obligation of a notary public is to protect the public trust by acting as an impartial witness and preventing fraud. Notaries serve as a frontline defense against document fraud, ensuring the integrity of transactions and upholding the law. Their duty is to the public, not to the signer or their own profit.

Question 36: Can a California notary use an out-of-state acknowledgment certificate form?

Only for federal documents
Yes, without restriction
Yes, as long as it does not require the notary to do something illegal under California law (Correct answer)
No, only California-specific forms are permitted

Correct answer: Yes, as long as it does not require the notary to do something illegal under California law

A California notary may complete an out-of-state certificate form as long as its language does not require the notary to perform any act prohibited by California law.

Question 37: For an acknowledgment, must the signer sign the document in the notary's presence?

No, the signer may have signed previously and simply acknowledges the signature (Correct answer)
Only for real estate documents
Only if requested by the recipient
Yes, always

Correct answer: No, the signer may have signed previously and simply acknowledges the signature

For an acknowledgment, the signer does not need to sign in the notary's presence; they only need to personally appear and acknowledge the signature is theirs.

Question 38: Who is responsible for choosing whether an acknowledgment or jurat is used on a document?

The Secretary of State
The county recorder
The notary public
The document's requester or the law governing the document (Correct answer)

Correct answer: The document's requester or the law governing the document

The type of notarial act is determined by the document's purpose, the requester, or the law governing the document—not by the notary's personal preference.

Question 39: How must a California notary public store their official seal when not in use?

In a locked, secured area under the notary's direct control (Correct answer)
At their employer's front desk for convenient access
In a fireproof safe at the county clerk's office
There are no storage requirements as long as it is within the office

Correct answer: In a locked, secured area under the notary's direct control

The notary must keep the seal secured to prevent unauthorized use, as the notary is personally responsible for its safekeeping.

Question 40: Can a California notary collect a fee before performing the notarial act?

Only with a signed fee agreement
No, payment must always follow the act
Only for mobile notary services
Yes, a notary may collect fees before or after the act (Correct answer)

Correct answer: Yes, a notary may collect fees before or after the act

California law does not prohibit collecting a fee before performing the notarial act; payment timing is flexible.

Question 41: What must a California notary do with their journal when their commission expires?

Submit it to the county clerk within 30 days
Retain it personally for 10 years from the last entry (Correct answer)
Send it to the Secretary of State
Destroy it immediately

Correct answer: Retain it personally for 10 years from the last entry

Upon expiration of the commission, the notary must retain the journal personally for 10 years from the last entry recorded in it.

Question 42: What should a California notary do if a signer refuses to sign the notary's journal?

Note the refusal in the journal and proceed
Proceed with the notarization anyway
Refuse to perform the notarial act (Correct answer)
Contact the Secretary of State before proceeding

Correct answer: Refuse to perform the notarial act

If a signer refuses to sign the notary's journal, the notary must refuse to perform the notarial act, as the journal signature is required by California law.

Question 43: Can a California notary notarize an acknowledgment for a document that is entirely blank?

Yes, if the signer requests it
No, a notary must not notarize a document with blank spaces that could be fraudulently completed later (Correct answer)
Only with the county recorder's pre-approval
Yes, for real property documents only

Correct answer: No, a notary must not notarize a document with blank spaces that could be fraudulently completed later

California notaries must refuse to notarize documents with significant blank spaces because blanks could be filled in fraudulently after notarization.

Question 44: How does California define 'satisfactory evidence' of identity for notarizations?

Oath of a credible witness or an acceptable ID document (Correct answer)
Any government-issued card
Two utility bills showing the signer's address
A credit card with the signer's name

Correct answer: Oath of a credible witness or an acceptable ID document

California law defines satisfactory evidence as an acceptable ID document or the oath of one or two credible witnesses who personally know the signer.

Question 45: A notary working for an employer performs notarizations as part of their job duties. Who may keep the fees collected?

Fees must be donated to the state
The Secretary of State
Always the notary personally
The employer, if that is what the employment agreement specifies (Correct answer)

Correct answer: The employer, if that is what the employment agreement specifies

If an employer-employee agreement specifies that notary fees collected belong to the employer, the notary must remit those fees to the employer.

Question 46: Which of the following is considered unauthorized practice of law by a California notary?

Drafting legal documents, preparing immigration forms, or giving legal advice for compensation (Correct answer)
Explaining the difference between an acknowledgment and a jurat
Translating a document for a non-English speaker
Certifying that a copy of a document is true

Correct answer: Drafting legal documents, preparing immigration forms, or giving legal advice for compensation

Drafting legal documents, completing immigration forms for compensation, or providing legal advice constitutes unauthorized practice of law, which is prohibited for notaries.

California Notary Public Exam

The California Notary Public Exam is administered by the Secretary of State of California and is required for all new and renewing notary public applicants. The exam consists of 45 multiple-choice questions and must be completed within 60 minutes. A passing score of 70% (32 of 45 questions) is required. The exam covers California notary laws, identification of signers, journal requirements, fees, prohibited acts, and proper notarial procedures as defined in the California Government Code.

Questions

60 min

Time Limit

70%

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