CA Notary Notary Misconduct and Penalties 2 — Questions and Answers
Question 1: Which of the following is considered unauthorized practice of law by a California notary?
- Explaining the difference between an acknowledgment and a jurat
- Drafting legal documents, preparing immigration forms, or giving legal advice for compensation (Correct answer)
- Certifying that a copy of a document is true
- Translating a document for a non-English speaker
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.
Question 2: What is the penalty for a California notary who acts as an 'immigration consultant' without proper authorization?
- A $500 fine
- Criminal prosecution, civil penalties, and commission revocation (Correct answer)
- A mandatory 10-hour training course
- Suspension of commission for 60 days
Correct answer: Criminal prosecution, civil penalties, and commission revocation
Acting as an unauthorized immigration consultant exposes a California notary to criminal prosecution, significant civil penalties, and revocation of their commission.
Question 3: A California notary signs a certificate certifying an act they did not actually perform. What is this called?
- An administrative error
- False certification or fraudulent notarization (Correct answer)
- A clerical mistake
- An unauthorized notarial act
Correct answer: False certification or fraudulent notarization
Certifying a notarial act that did not actually occur is fraudulent notarization and constitutes a serious crime and grounds for commission revocation.
Question 4: Under California law, what happens if a notary refuses to provide a member of the public with a certified copy of a journal entry they are entitled to receive?
- Nothing, copies are entirely discretionary
- The notary may be subject to a civil penalty and disciplinary action (Correct answer)
- The requester must sue in small claims court to obtain it
- The notary must provide it but may charge a premium fee
Correct answer: The notary may be subject to a civil penalty and disciplinary action
A notary who improperly withholds journal copies from parties lawfully entitled to them may face civil penalties and disciplinary action from the Secretary of State.
Question 5: A California notary is convicted of forgery. What is the likely consequence for their commission?
- A written warning
- Mandatory revocation of the commission, as forgery is a crime of moral turpitude (Correct answer)
- Suspension for 1 year
- Completion of ethics training
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 6: What obligation does a California notary have if asked to notarize a document they believe may be used for an illegal purpose?
- Proceed if the document itself appears legal on its face
- Refuse the notarization if they have good reason to believe the document will be used illegally (Correct answer)
- Report the suspicion and then proceed with notarization
- Only refuse if the illegality is confirmed by an attorney
Correct answer: Refuse the notarization if they have good reason to believe the document will be used illegally
A California notary should refuse to notarize a document if they have reasonable grounds to believe it will be used for an illegal purpose, even if the document appears facially valid.
CA Notary Notary Misconduct and Penalties 2
Which of the following is considered unauthorized practice of law by a California notary?