CA Notary Notary Misconduct and Penalties 1 — Questions and Answers
Question 1: What California government agency has the authority to revoke a notary public's commission?
- The county clerk
- The California Secretary of State (Correct answer)
- The California Attorney General
- The Department of Consumer Affairs
Correct answer: The California Secretary of State
The California Secretary of State has the authority to revoke, suspend, or impose conditions on a notary public's commission for misconduct or violations.
Question 2: Which of the following acts constitutes grounds for denial or revocation of a California notary commission?
- Charging the maximum allowable fee
- Conviction of a crime involving dishonesty or moral turpitude (Correct answer)
- Performing more than 50 notarizations per day
- Notarizing documents for non-residents of California
Correct answer: Conviction of a crime involving dishonesty or moral turpitude
A conviction for a crime involving dishonesty or moral turpitude is a statutory ground for denial or revocation of a California notary commission.
Question 3: A California notary notarizes their own signature on a document. Is this permissible?
- Yes, as long as the notary discloses it
- No, a notary may never notarize their own signature (Correct answer)
- Only for personal documents not involving third parties
- Only for documents valued under $1,000
Correct answer: No, a notary may never notarize their own signature
California law prohibits a notary from notarizing their own signature, as this creates a conflict of interest and undermines the purpose of notarization.
Question 4: What is the penalty for a California notary who willfully fails to maintain a journal?
- A warning letter only
- A civil penalty of up to $750 and possible commission revocation (Correct answer)
- Automatic commission suspension for 30 days
- A mandatory training course
Correct answer: A civil penalty of up to $750 and possible commission revocation
Willful failure to maintain a notary journal can result in a civil penalty of up to $750 per violation and may also lead to commission revocation.
Question 5: May a California notary notarize a document when they have a direct financial interest in the transaction?
- Yes, with written disclosure to all parties
- No, a notary must not notarize a document in which they have a direct financial interest (Correct answer)
- Only for transactions under $10,000
- Only with Secretary of State approval
Correct answer: No, a notary must not notarize a document in which they have a direct financial interest
California law prohibits a notary from notarizing a document in which they have a direct financial interest, as this compromises their required impartiality.
Question 6: What must a California notary do if they are directed by an employer to perform an improper notarial act?
- Comply with the employer's instructions to keep their job
- 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
- 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.
CA Notary Notary Misconduct and Penalties 1
What California government agency has the authority to revoke a notary public's commission?