CA Notary flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary commission term

A California notary commission lasts four years from the date the commission takes effect, unless the Secretary of State revokes or suspends it earlier.

Notary bond amount

The required surety bond is $15,000, filed with the county clerk before the notary may begin performing notarial acts under the new commission.

Who the bond protects

The official notary bond protects members of the public harmed by the notary's misconduct; it does not insure the notary against personal liability.

Oath and bond deadline

The notary must take the oath and file the bond with the county clerk within 30 days of the commission start date, or the commission becomes void.

Acknowledgment fee cap

The maximum fee a California notary may charge for an acknowledgment or a jurat is $15 per signature, regardless of document length.

Notary jurisdiction

A California notary holds statewide jurisdiction and may perform notarial acts in any California county, but only over civil, not criminal, matters.

Notary journal retention

The notary must keep each journal for five years from the date of the last notarial act recorded in it and surrender it to authorized officials on lawful request.

Disqualifying interest rule

A notary may not notarize a document in which the notary is a signer or holds a direct financial or beneficial interest in the transaction.

Secretary of State authority

The Secretary of State appoints notaries and may refuse to appoint, revoke, suspend, or place conditions on a commission for misconduct or failure to perform duties.

Six-hour education requirement

Applicants must complete an approved six-hour notary education course before taking the Secretary of State examination, and the course covers duties, procedures, and law.

Statewide versus county filing

Authority is statewide, but the bond and oath are filed with the clerk of the county where the notary maintains a principal place of business or residence.

Notary as public officer

A notary is a public officer authorized to administer oaths, take affidavits and depositions, and protest negotiable instruments for nonpayment, but not to give legal advice.

Unauthorized practice of law

A notary may not explain a document's legal effect, choose a certificate type for the parties, or advise on immigration or other legal matters; the notary only completes the certificate.

Commission expiration on seal

The official seal must show the commission expiration date, and the notary must stop performing acts on that date unless a new commission has been issued.

Fee for oath without signature

A notary may charge up to $10 for administering an oath or affirmation when no signature is being notarized, such as a deposition oath.

Acknowledgment defined

In an acknowledgment, the signer personally appears, is identified by satisfactory evidence, and acknowledges to the notary that the signature is the signer's own voluntary act.

Jurat defined

In a jurat, the signer personally appears, signs the document in the notary's presence, and swears or affirms under oath that the contents are true and correct.

Acknowledgment versus jurat

An acknowledgment verifies identity and voluntary signature; a jurat additionally requires the signer to sign in the notary's presence and take an oath or affirmation.

Satisfactory evidence of identity

Identification by a current government photo ID bearing a serial number, plus a second document or a credible witness who personally knows the signer.

Credible witness requirement

A credible witness must personally know the signer, present satisfactory identification, and take an oath; the notary may not rely on a witness the notary alone knows.

Expired ID rule

An expired identification card is not satisfactory evidence; the notary must refuse the act unless another acceptable form of current identification is presented.

Required certificate elements

The certificate must state the venue county, the exact statutory wording, the date, and the notary's signature, printed name, and commission expiration date.

Seal content requirements

The seal must legibly contain the notary's name, the words 'Notary Public,' the county of commission, and the commission expiration date, applied after the certificate is complete.

Copy certification limits

A California notary may certify copies only of the notary's own journal and original powers of attorney, not of birth, death, marriage, or other public records.

Physical presence rule

The signer must personally appear before the notary at the time of the act; notarization by mail, video, or phone without physical presence is not permitted under California law.

Journal entry contents

Each entry records the date and time, act type, document title, signer name and address, identification type and number, fee charged, and the notary's signature.

Thumbprint requirement

A thumbprint is required in the journal for deeds and powers of attorney, and may be requested for other documents when the signer is not personally known.

Refusal to perform act

A notary must refuse when the signer lacks satisfactory identification, appears coerced or unaware, or cannot sign; the refusal may be recorded in the journal.

Protests of negotiable instruments

On dishonor of a negotiable instrument, a notary may make a protest, giving notice of protest to the parties, and may charge the statutory fee for each protest and notice.

Notary seal placement

The seal impression must be clear and legible, placed near but not over the certificate text or signatures, and never on a separate attachment alone.

Journal custody and subpoena

The journal is the notary's property; the notary must produce it in response to a lawful subpoena or request from the Secretary of State or a peace officer.

Notarizing for relatives

A notary may not notarize for a spouse, registered domestic partner, or certain lineal relatives when the notarization benefits the notary financially or as a party.

Fees must be posted

A notary must conspicuously post the statutory fee schedule at the notary's place of business and may not charge more than the maximum allowed by law.