Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
34 Cards in this Set
- Front
- Back
|
Be a legal resident of the State of California Be at least 18 years of age Satisfactorily complete a course study of study approved by the Secretary of State Pass a background check |
To become a Notary Republic you must meet all of the following requirements |
|
|
The Secretary of State may deny an application for the following reasons |
Failure to disclose any conviction Conviction of a felony Conviction of a disqualifying lesser offense |
|
|
All persons are required to take a satisfactorily completed course of how long? |
Six hours |
|
|
A Notary Republic who holds a current California Notary commission is required to obtain how long of a refresher course to renew |
Three hours |
|
|
How long once commission has been issued does a person have to obtain a valid commission? |
30 days from term prescribed in the commission |
|
|
What must a person do to obtain a valid commission? |
Take, subscribe and file an oath of office and file a $15,000. Surety bond with county clerks office |
|
|
The oath and bond must be filed where |
In the county where the notary public maintains a principal place of business |
|
|
California law requires that every notary public file an official bond in the amount of |
$15,000 |
|
|
What is a notary bond |
Insurance policy for the notary |
|
|
Notary public can provide services where |
Throughout the State of California |
|
|
California notaries public are prohibited from |
performing any duties that may be construed as the practice of law (practicing, preparation, drafting, selection or determination of the kind of any legal document, or giving advice in relation to any legal documents or matters) |
|
|
The seal must be kept |
In a locked and scured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person |
|
|
What are the legal requirements of a Seal |
Be photographically reproducible when affixed to a document Contain the State Seal and the words "Notary Public" Contain the name of the country where the oath of office and notary public bond are on file Contain the name of the notary public as shown on the commission Contain the sequential identification number (commission number) assigned to the notary, as well as the identification number assigned to the seal manufacturer or vendor Be circular not over two inches in diameter, or be a rectangular form of not more than one inch in width by two and one half inches in length, with a serrated or milled edged border. |
|
|
Does a document that is acknowledged need to be recorded right away? |
No |
|
|
A document may not be accepted if |
The stamp is not a clear impression |
|
|
What acknowledgement may be notarized without using a public seal? |
California Subdivision Map |
|
|
What must be typed or printed next to Notary's signature on an acknowledgement for California Subdivision map? |
Notary public's name County of place of business Commission expiration date |
|
|
A Notary Public shall not use the official seal or the Title Notary Public for anything other than |
The rendering of notorial service |
|
|
If a Notary willfully fails to keep his/her notary public seal under the notary public's direct and exclusive control or if they publically surrender the public seal to any person not authorized to possess it is |
Guilty of a Misdemeanor |
|
|
The notary's seal must be destroyed |
When the commission is no longer valid |
|
|
Satisfactory evidence |
The absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual he or she claims to be |
|
|
Three forms of Satisfactory Evidence |
Paper identification documents The oath of a single credible witness The oaths of two credible witnesses under penalty of perjury |
|
|
Paper Identification Documents |
Identity of the signer can be established by the notary public's reasonable reliance on the presentation of any documents, if the identification document is current or has been issued within five years |
|
|
What documents may be used in establishing a satisfactory evidence |
An identification card or drivers license issued by California Department of Motor Vehicles A U.S passport An inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in Ca. state prison |
|
|
What documents may be used for identification, provided that it contains a photo, description, signature of the person, and an identifying number |
Passport issued by a foreign government, provided that it has been stamped by the U.S Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services A drivers license issued by another state or by a Canadian or Mexican public agency authorized to issue driver's licenses An identification card issued by another state A military card, with photo, description, signature, and identifying number Employee id card issued by an agency or office of the State of California, or an agency or office of a city, county, or city and county in Ca. |
|
|
For a Notary to use an Oath of a Single Credible witness, the notary must personally know the credible witness, and the witness must swear or affirm the following to be true |
The individual appearing before them as the signer of the document is the person named in the document. The credible witness personally knows the signer. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of id. The signer does not possess any of the id documents authorized by law to establish the signers identity. The credible witness does not have a financial interest and is not named in the document signed. |
|
|
Oath of Two Credible witnesses |
When the notary does not personally know the credible witness you may obtain identity by using two credible witness who take an oath |
|
|
Notary Public Journal |
A journal where acts performed are recorded |
|
|
What is included in the Notary journal? |
Date, time and type of each official act Character of every instrument sworn to, affirmed, acknowledged or proved before the notary The signature of each person whose signature is being notarized A statement that the identity of a person making an acknowledgement or taking an oath or affirmation was based on "satisfactory evidence" pursuant to Civil Code Fee charged for service If a Deed, quitclaim deed, deed of trust, or other document affecting real property, an imprint of the signers right thumbprint |
|
|
What do you do if your Notary Journal is damaged, stolen, lost or unusable? |
Must immediately notify Secretary of State by certified or registered mail. Must include, the periods of journal entries, the notary commission number, and expiration date. When applicable a copy of a police report. |
|
|
How many days must a notary respond to a written request from any member of the public for a copy of a transaction in the journal |
15 days |
|
|
When should a notary not notarize documents for relatives or others? |
If they have a direct financial or beneficial interest in the document signed |
|
|
When would a notary have a direct financial or beneficiary interest in a transaction? |
If notary is named, individually as a principal to a financial transaction If a notary is named, individually as any of the following to a real estate transaction, beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lesse |
|
|
Acknowledgment |
Form most frequently completed by a notary |
