CA Notary Exam Study Guide — Jermaine Fields

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Qualifications & Application

HIGH FREQ

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Must be: CA legal resident · 18+ years old · complete 6-hour approved course · pass written exam · pass background check (fingerprints)
At exam site, submit: completed application + Certificate of Completion + $40 check to Secretary of State + 2×2 color passport photo + photo ID + pencils
Retake fee is only $20 (not $40)
Applicant must disclose ALL arrests/convictions — no time limit. Failure to disclose = grounds for denial.
Only applicant's NAME and ADDRESS are public — all other application info is confidential

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Commission, Bond & Oath

HIGH FREQ

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Term of Office

4 Years

from date on commission

Surety Bond Amount

$15,000

must be surety insurer (not cash deposit)

File Oath + Bond

30 Days

from start of commission term

File With

County Clerk

in county of principal place of business

CriticalIf oath and bond are not filed within 30 days, the commission is NOT valid. No exceptions — not even for mail delays.

Bond is NOT insurance for the notary — notary remains personally liable for full damages
Geographic jurisdiction: statewide — not limited to county where oath/bond filed
After passing exam, test results valid for 1 year

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The Notary Seal

HIGH FREQ

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Seal Must Contain

State Seal · "Notary Public" · Notary's name (as on commission) · County where oath/bond filed · Commission expiration date · Sequential commission number · Seal manufacturer ID number

Seal Dimensions

Circular: not over 2 inches in diameter
OR Rectangular: not more than 1 inch × 2.5 inches — with serrated or milled edge border
Must be photographically reproducible (rubber stamp almost universal)

Seal Rules

Kept in locked, secured area — notary's DIRECT and EXCLUSIVE control
NEVER surrendered to employer (even if employer paid for it)
DESTROYED when commission is no longer valid
Can only be used for notarial service — no other purpose
Willful failure to control seal = MISDEMEANOR
Do NOT place seal over signatures or printed matter on document
Exception: Subdivision maps — seal not required on acknowledgment; print name, county, expiration date next to signature instead

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Identification (Satisfactory Evidence)

HIGH FREQ

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Rule #1Personal knowledge alone is NEVER sufficient. Satisfactory evidence ALWAYS required — even for a neighbor of 20 years.

Tier 1 — No Photo Requirement	Tier 2 — Must Have Photo, Description, Signature + ID#
CA DMV ID or Driver's License US Passport (book or card) CA inmate ID (if in state prison) Sheriff inmate ID (if in local detention)	Out-of-state DL · Other state ID Military ID · Consular ID · Tribal govt ID CA state/local government employee ID Foreign passport

All IDs must beCurrent OR issued within the last 5 years

Credible Witnesses

Single credible witness: must be personally known to notary. Notary establishes witness identity by ID. Witness signs journal.
Two credible witnesses: notary does NOT need to know them personally. Both must present ID. Both sign journal.
Either way, witness swears: signer is the person named, personally known to witness, can't easily get ID, doesn't have ID, witness has no financial interest and is not named in document

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The Notary Journal

HIGH FREQ

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Required Journal Entries

Date, time, and TYPE of each official act
Character of instrument (e.g., deed of trust, power of attorney)
Signature of each person whose signature is notarized
Statement that identity was based on satisfactory evidence + details of ID used
Fee charged (even if $0 — write "no fee")
THUMBPRINT in journal for: deed, quitclaim deed, deed of trust, other real property docs, power of attorney. Right thumb preferred; left or other finger if unavailable — note which one.

Journal Rules

ONE active sequential journal at a time
Locked/secured — notary's direct and exclusive control
Exclusive property of notary — NEVER surrendered to employer
Copies of line items: respond within 15 business days, max $0.30/page
Journal stolen/lost/destroyed: immediately notify SOS by certified/registered mail
Journal seized by peace officer: notify SOS within 10 days by certified mail
When commission expires: deliver all journals to county clerk within 30 days
Willful failure to maintain journal properly = MISDEMEANOR

✍️

Acknowledgment vs. Jurat

HIGH FREQ

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Acknowledgment	Jurat
Signer personally appears before notary	Signer personally appears before notary
Notary certifies identity of signer	Notary certifies identity of signer
Signer acknowledges they executed the document	Signer signs IN NOTARY'S PRESENCE
Document may be pre-signed before appearing	Oath or affirmation MUST be administered by notary
Key words: "acknowledged to me"	Key words: "Subscribed and sworn to (or affirmed)"
Most common notarial act	Second most common notarial act

Both RequireSigner CANNOT mail the document or call in. Personal appearance before the notary is MANDATORY for both. Video/audio is NOT personal appearance.

Correcting ErrorsThere is NO provision to "correct" a completed notarial act. If an error is found, you must perform an entirely new notarization with a new date, new certificate, and a new journal entry.

Incomplete DocumentsA notary MUST REFUSE to notarize any incomplete document.

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Maximum Fees

HIGH FREQ

▼

Service	Max Fee
Acknowledgment (per signature)	$15
Oath or affirmation + jurat (per person)	$15
Power of attorney certified copy	$15
Deposition (all services)	$30
—Oath to deposition witness	$7
—Certificate to deposition	$7
Immigration forms (per individual per set)	$15
Voting materials (vote by mail)	$0 — NO FEE ALLOWED
Veterans' benefits applications	$0 — NO FEE ALLOWED
Pensions / public agency affidavits	$0 — NO FEE ALLOWED

Fee RulesNotary may charge LESS than maximum — it's discretionary. But charging MORE is grounds for discipline. Always enter fee in journal even if $0.

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Penalties & Discipline

HIGH FREQ

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Civil Penalties

Penalty	Violation
Up to $10,000	Making false statements in certificate · Failing to get proper ID for acknowledgment
Up to $2,500	Willfully failing to provide journal access to peace officer · Failing to get required thumbprint
Up to $1,500	Seal violations · Misleading advertising · Making false certificate · Illegal advertising (Spanish "notario")
Up to $750	Charging excessive fees · Failing to complete acknowledgment at time of signing · Failing to administer oath

Criminal Penalties

MISDEMEANOR: Willful failure to maintain journal · Surrendering seal · Willfully failing notarial duties · Acting as notary when not commissioned · Destroying/concealing notarial records · Failing to deliver journals to county clerk within 30 days after commission ends
FELONY: Fraud on deed of trust for 1–4 unit single-family residence · Acting as notary (not commissioned) on real property docs for 1–4 unit residential

Advertising Rules

Non-attorney notary advertising in non-English language must post notice (in English AND that language): "I am not an attorney and cannot give legal advice about immigration or any other legal matters" + fee schedule
NEVER translate "Notary Public" into Spanish as "notario publico" or "notario" — PROHIBITED. First offense: suspension ≥1 year. Second offense: PERMANENT revocation.
Cannot advertise as immigration specialist AND as notary public

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Conflict of Interest & Prohibited Acts

MEDIUM FREQ

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Cannot notarize if named INDIVIDUALLY as principal to a financial transaction, or as grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee in a real property transaction
CAN notarize even with an indirect interest if acting as: agent, employee, insurer, attorney, escrow holder, or lender
Be cautious with spouse/domestic partner due to California community property law
Cannot notarize your own signature or take your own acknowledgment/deposition
Cannot practice law — no drafting, preparing, or selecting legal documents; no legal advice
Cannot notarize incomplete documents
Cannot perform remote online notarization — physical presence required until Jan 1, 2030 at earliest

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Proof by Subscribing Witness & Signature by Mark

MEDIUM FREQ

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Proof by Subscribing Witness — CANNOT be used for:Power of attorney · Quitclaim deed · Grant deed (except trustee's deed) · Mortgage · Deed of trust · Security agreement · Any real property instrument · Any document requiring thumbprint in journal

Used when: principal signed but CAN'T personally appear before notary
Subscribing witness must: personally know the principal, have seen principal sign or heard principal acknowledge signing, have signed the document as witness at principal's request
Subscribing witness identity established by: credible witness personally known to notary who also presents ID
Both subscribing witness AND credible witness must sign journal (or journal records their ID details)

Signature by Mark

When signer cannot write their name — may sign by mark
Requires TWO witnesses who subscribe their own names on the document
One witness writes person's name next to the mark
Mark must also appear in notary's journal, witnessed
Notary must still establish signer's identity by satisfactory evidence

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Address Changes, Name Changes & Commission End

MEDIUM FREQ

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Address Change Deadline

30 Days

notify SOS by certified mail. Fine up to $500 for willful failure.

Name Change: file amended oath + bond

30 Days

from date amended commission issued

Commission End: deliver journals to county clerk

30 Days

after commission no longer valid. Then destroy seal.

Changing counties is optional — commission is valid statewide regardless
If county changes, may voluntarily file new oath/bond in new county and get new seal
After name change: immediately get new seal, stop using old seal, old commission no longer valid after filing

Score

0 / 0

Question 1

A notary public who has an active CA commission and previously completed an approved 6-hour course wants to renew their commission before it expires. What education is required?

3-hour refresher course — but ONLY if renewing before the current commission expires. If the commission has already expired, a full 6-hour course is required again.

Question 2

A notary public notarizes a deed of trust. What additional requirement applies to the journal entry for this transaction?

Thumbprint in journal is required for: deeds, quitclaim deeds, deeds of trust, other real property documents, and powers of attorney. Right thumb first; left or other finger if unavailable — note which one used.

Question 3

What is the maximum fee a California notary may charge for an acknowledgment?

$15 per SIGNATURE — not per document. If three people sign one document, the max is $15 × 3 = $45. Same $15 max applies to jurats and POA certified copies.

Question 4

After a notary's commission expires, what must happen to the notary's journal?

30 days to deliver all journals and papers to the county clerk where the oath was filed. Willful failure = misdemeanor + personal liability for damages. The SEAL must be destroyed — the journal goes to the county clerk.

Question 5

A notary public has known her neighbor for 25 years and is absolutely certain of his identity. Can she notarize his signature based on personal knowledge alone?

Personal knowledge is NEVER sufficient by itself. Satisfactory evidence — ID documents meeting legal requirements OR credible witness oath — is always required. The handbook uses exactly this scenario (neighbor of 20 years) as an example.

Question 6

A notary receives a document by mail from a signer who could not appear in person. The notary knows the signer personally. The notary should:

BOTH acknowledgments and jurats require personal appearance before the notary. A document mailed to the notary cannot be notarized — the signer did not personally appear. This is true even if the notary personally knows the signer.

Question 7

A California notary is approached by a client who advertises herself as an immigration consultant. The notary is asked to notarize immigration forms. Under what conditions can the notary also enter data on the forms?

Only a notary who is ALSO qualified and bonded as an immigration consultant (under Business & Professions Code 22440) may enter client-provided data on immigration forms. Fee max: $15 per individual per set. Notarization fees are additional.

Question 8

A notary discovers an error in a certificate of acknowledgment after the notarial act is complete. What is the proper procedure?

There are NO provisions in California law to "correct" a completed notarial act. The only option is to perform a completely new notarization — new date, new certificate, new journal entry. All requirements must be met again as if it were the first time.

Question 9

A notary's sequential journal is seized by a peace officer who is investigating a criminal offense. What must the notary do?

10 days (not 30) to notify SOS after journal is seized. Also: obtain a receipt from the peace officer, and obtain a new sequential journal. If the original is returned, do NOT make new entries in it — use the new journal only.

Question 10

For which of the following documents can proof of execution by a subscribing witness NOT be used?

Proof by subscribing witness CANNOT be used for: power of attorney, quitclaim deed, grant deed (except trustee's deed), mortgage, deed of trust, security agreement, any real property instrument, or any document requiring a journal thumbprint. A deed of trust is explicitly excluded.

Question 11

A notary public is named as a beneficiary in a trust document she is asked to notarize. She may:

Being named individually as a beneficiary = direct financial interest. The notary cannot notarize this document. She should refer the party to another notary. The exception is if she's acting as agent, employee, escrow holder, insurer, attorney, or lender — not as a named beneficiary.

Question 12

A California notary who advertises notary services in Spanish must:

Two requirements: (1) post bilingual notice stating "I am not an attorney and cannot give legal advice about immigration or any other legal matters" + fee schedule. (2) NEVER translate "Notary Public" as "notario publico" or "notario." First violation = suspension ≥1 year. Second = permanent revocation.