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A notary's seal is lost. What is needed before a replacement can be made?

California Notary exam practice question · California Notary Law

A notary's seal is lost. What is needed before a replacement can be made?

  • AA police report filed in the county of the loss
  • A certificate of authorization from the Secretary of State
  • CA new bond filed with the county clerk's office
  • DA sworn statement delivered to the seal's manufacturer

Explanation

Understanding the question

A notary seal is a controlled instrument, because anyone holding it can give documents the appearance of official authentication. California therefore controls who may manufacture one: a vendor may not produce a notary seal without a certificate of authorization issued by the Secretary of State, which confirms that the person requesting it holds a current commission in that name. So a notary whose seal is lost obtains the certificate first and presents it to the manufacturer. Two obligations accompany the replacement. The loss itself must be reported to the Secretary of State immediately in writing, because a seal in unknown hands is a fraud risk that the state needs to know about. And the notary must not perform acts requiring a seal until a replacement is in hand. A police report is not required, and no new bond arises from the loss, since the commission itself is unaffected.

Why the correct answer is correct

A certificate of authorization from the Secretary of State is required before a manufacturer may produce a notary seal, so the notary obtains it before ordering a replacement.

Background

California requires a certificate of authorization from the Secretary of State before a vendor may manufacture a notary seal. Loss or theft of a seal must be reported immediately in writing to the Secretary of State.

Certificate Before Seal

Certificate Before Seal. No manufacturer may cut one without the state's authorization.

Exam tip

The same certificate is required for a seal replaced after a name change or a new commission, not only after a loss.

Common mistakes

  • Ordering a replacement directly from a vendor
  • Failing to report the loss immediately
  • Continuing to perform acts requiring a seal in the interim

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