Quick Study Guides

Test-Taking Tips
Take your time.
Read the question first without reading the answers. Read the question again. Read the four answers.
Read the question again. You might be surprised how often you will find a word in that last read-through
that gives you a clue about the answer.

Use the process of elimination to narrow your choices.

If you can eliminate two of the four answers, that leaves only two from which to choose. You have
a better chance of answering correctly when the choice is between two options.

Go with your first answer.

Do not keep changing your answer choice; usually your first choice is the right one, unless you misread the
question.

Go with the information given in the question.

Do not read more into the question than is already there.

Choose the best or most correct answer.

Come up with the answer in your head before looking at the possible answers. This way the choices
given on the test won’t throw you off or trick you.

If you do not know the answer, come back to it later.

You may find clues in other questions. Consider marking the best answer for each question to avoid
mistakenly marking the next answer in the previous space. At the end of the exam, go back and review
the question in doubt.

Develop “tricks” or guidelines to help remember lists.

For instance, all of the persons with a disqualifying interest have titles that end in “or” or “ee”: mortgagor/
mortgagee, trustor/trustee, vendor/vendee, lessor/lessee, or a beneficiary of the transaction. Note that
employer/ employee is NOT on this list!

Mark your answer sheet clearly.

Fill in the answer blocks clearly and distinctly. Make sure your marks stay within the answer blocks. To
change an answer, erase the previous answer block completely.

Guess if you do not know the answer.

If you leave the question blank, you will be marked wrong. If you guess, you have a chance of getting it right.
 Quick Study Guides

Notarial Acts
• Acknowledgments
• Jurats
• Oaths or affirmations
• Proof of execution by subscribing witness
• Copy certifications of powers of attorney and journal entries
• Protests

Required Seal Elements

• Words “Notary Public”
• Notary’s commission name
• Notary’s sequential commission number
• County where oath and bond are on file
• Commission expiration date
• Seal manufacturer sequential ID number
• California state seal

Required Journal Entries

1 Date and time of notarization
2 Type of notarization (act)
3 Document (instrument) kind or type
4 Signer identification information (ID card or credible identifying witness(es))
5 Notary fee charged
6 Signature of the person whose signature is being notarized
7 Thumbprint of the signer, required for:
• Deeds
• Quitclaim deeds
• Deeds of trust affecting real property
• Documents affecting real property
• Powers of attorney

Note: A journal thumbprint is not required for deeds resulting from foreclosure and
deeds of reconveyance.
 Quick Study Guides

Time-Sensitive Duties

IMMEDIATELY

• Notify Secretary of State if journal is lost or stolen

• Notify Secretary of State if seal is lost or stolen
• Notary representative notifies Secretary of State of Notary’s death
• Surrender journal to peace officer immediately upon his/her request

10 DAYS

• Notify Secretary of State if journal has been surrendered to a peace officer

15 BUSINESS DAYS

• A Notary must respond to written request for a photocopy of the Notary journal

30 DAYS

• File oath of office and bond with the county clerk’s office
• Deliver journal to the county clerk upon resignation, expiration without obtaining
reappointment within 30 days, disqualification, or death
• Notify Secretary of State of an address change
• Respond to Secretary of State’s request for information
 Quick Study Guides

Notarial Misconduct

Infraction and Fine of Up to $500

• Failing to notify the Secretary of State of a name or address change
Civil Penalty of Up to $750
• Negligently failing to discharge Notary duties and responsibilities
• Failing to administer an oath or affirmation when required by law
• Failing to complete acknowledgment when signed and stamped
• Charging more than the maximum fee allowed by law

Civil Penalty of Up to $1,500

• Willfully failing to discharge Notary duties and responsibilities
• Committing an act of dishonesty, fraud, deceit with intent to harm
• Failing to report lost or stolen seal*
• Using false or misleading advertising
• Advertising in a language other than English without statement and fees**
• Advertising using “Notario” and “Notario Publico” **
• Advertising as both an immigration expert and Notary
• Entering data into immigration documents
• Charging more than $15 per set of immigration documents
• Completing a false certificate
• Failing to follow laws in manufacture or sale of seal*
*Penalty may be imposed by either the Secretary of State or a public prosecutor
**First offense: suspension of commission for not less than one year or revocation of commission; second
offense: permanent revocation of commission

Civil Penalty of Up to $2,500

• Failing to obtain thumbprint in journal when required***
• Failing to surrender journal to a peace officer***
***Penalty may be imposed by either the Secretary of State or a public prosecutor

Civil Penalty of Up to $10,000

• Failing to identify credible witness with satisfactory evidence†
• Making a false statement on acknowledgment†
†Penalty may be imposed by either the Secretary of State or a public prosecutor
 Quick Study Guides

Comparison of Notarial Acts

Acknowledgment Jurat Proof of Execution

Notary Identifies REQUIRED REQUIRED REQUIRED

Signer? Satisfactory Evidence: Satisfactory Evidence: Identify subscribing
approved ID card or approved ID card or witness using one
one or two credible one or two credible credible identifying
identifying witness(es) identifying witness(es) witness who presents
who present approved who present approved an ID
ID ID

Notary Witnesses NOT REQUIRED REQUIRED NOT REQUIRED

Signature? Signer may sign in Notary must witness Principal has already
Notary’s presence signature signed. Subscribing
or acknowledge witness may sign in
signature to Notary Notary’s presence
or acknowledge
signature to Notary

Notary Administers NOT REQUIRED REQUIRED REQUIRED

Oath or Signer must swear or Subscribing witness
Affirmation? affirm truthfulness must swear or affirm
of statements in that personally known
document principal signer signed
the document and
requested subscribing
witness sign the
document
 Quick Study Guides

Comparison of Witnesses

Signature by Mark Credible Identifying Subscribing

Witness Witness Witness

NOT REQUIRED REQUIRED REQUIRED Witness Personally

Witness must only Must personally know Must know principal Knows Signer?
watch signer make signer or subscribing signer in order to
mark witness in order to prove that principal
vouch for signer’s signed document
identity

REQUIRED NOT REQUIRED REQUIRED Witness Signs

The two witnesses Must sign document Document?
sign document and in addition to
one witness prints principal signer
signer’s name next to (Notary notarizes
mark they witnessed signature of witness)

REQUIRED REQUIRED REQUIRED Witness Signs

Witness of signer’s Two credible Must sign the journal Notary Journal?
“signature” must sign witnesses must in the “Signature of
journal both sign journal in Signer” column
“Identification of
Signer” column.
One credible witness
may sign journal or
Notary may record
ID information

NOT REQUIRED REQUIRED REQUIRED Notary Identifies

Must be identified Notary must identify Witness?
with ID subscribing witness
based on oath or
affirmation of one
credible identifying
witness who presents
ID