Identification — California Notary Practice Questions

52 questions in this content area. 7 are published in full below with worked explanations.

1. A document is presented with blank spaces in its body. The notary's obligation is to:

AFill in each of the blank spaces from the signer's own verbal answers
Refuse the act — a document incomplete on its face may not be notarized
CNotarize and note the blanks in the journal
DStrike the blanks with a diagonal line and proceed

Why B is correct

Why this is correct: A document with blank spaces in material parts is incomplete on its face. A notary must refuse to notarize such a document because completing it would constitute unauthorized practice of law. Why the other choices are wrong: Fill in each of the blank spaces from the signer's own verbal answers is wrong because the notary cannot fill in substantive blanks. Notarize and note the blanks in the journal is wrong because noting the problem does not make notarizing an incomplete document permissible. Strike the blanks with a diagonal line and proceed is wrong because altering the document is also prohibited. Exam tip: See blanks? Stop. The document must be complete before notarization.

2. A signer cannot say what the document is or why they are signing it. What should the notary do?

ARead the document aloud and then proceed with the act
BAsk the person who arranged the appointment to explain
Decline, because awareness of the act cannot be established
DProceed, since understanding the document is not required

Why C is correct

Why this is correct: The notary must decline because a signer who cannot articulate what the document is or why they are signing it cannot establish awareness of the notarial act, which is a fundamental requirement. Why the other choices are wrong: "Read the document aloud and then proceed with the act" is wrong because explaining the document crosses into legal advice and does not establish the signer's own awareness. "Ask the person who arranged the appointment to explain" is wrong because the notary must communicate directly with the signer, not through an intermediary. "Proceed, since understanding the document is not required" is wrong because while deep legal understanding isn't required, basic awareness of the act is. Exam tip: The signer must demonstrate awareness of the act, not necessarily deep legal comprehension.

3. A signer offers a valid passport issued by their country of citizenship. What is the notary's position?

AIt cannot be accepted unless translated into English first
BIt requires a second document to corroborate the identity
It is acceptable if it carries the four required elements
DIt is acceptable only for documents filed outside California

Why C is correct

Why this is correct: A foreign passport is acceptable as satisfactory evidence of identity if it contains the four required elements: a photograph, a physical description, the signer's signature, and an identifying number. The statute does not require the document to be in English. Why the other choices are wrong: "It cannot be accepted unless translated into English first" is wrong because the law does not impose a language requirement. "It requires a second document to corroborate the identity" is wrong because a single qualifying document is sufficient. "It is acceptable only for documents filed outside California" is wrong because a valid foreign passport can be used for any notarization in California if it has the four elements. Exam tip: Remember the four elements: photo, description, signature, and ID number. If a document has them, it's acceptable regardless of language.

4. A signer presents a California driver's license that expired eight years ago. Under California law the notary may:

AAccept it, since state-issued licenses never expire for notarial purposes
Not accept it — the ID must be current or issued within the past five years
CAccept it if the photograph still resembles the signer
DAccept it with a second form of expired identification

Why B is correct

Why this is correct: California law requires identification to be current (unexpired). An expired ID is acceptable only if it was issued within the five years immediately before the notarial act. A license expired for eight years fails both tests; it is too old and is expired. Why the other choices are wrong: Accept it, since state-issued licenses never expire for notarial purposes is wrong because currency is required; expiration matters. Accept it if the photograph still resembles the signer is wrong because resemblance does not override the statutory currency rule. Accept it with a second form of expired identification is wrong because combining expired IDs does not cure the staleness; at least one must be current or within five years. Exam tip: Remember the '5-year rule' for expired IDs. If it's expired and older than five years, it's not acceptable, period.

5. A signer speaks only a language the notary does not, and brings a bilingual friend to translate. What applies?

The notary must communicate directly and cannot use them
BThe friend may translate if sworn in as a credible witness
CThe friend may translate if the translation is journaled
DThe notary may proceed if the document is in English

Why A is correct

Why this is correct: The notary must communicate directly with the signer to assess awareness and willingness. Using a translator is not permitted due to the risk of miscommunication; the signer should be referred to a notary who speaks their language. Why the other choices are wrong: "The friend may translate if sworn in as a credible witness" is wrong because swearing in as a witness does not authorize translation for the notary's required communication. "The friend may translate if the translation is journaled" is wrong because journaling does not overcome the prohibition on using an interpreter. "The notary may proceed if the document is in English" is wrong because the document's language is separate from the need for direct communication with the signer. Exam tip: Direct communication is mandatory. No interpreters. Refer to a bilingual notary.

6. The signer's brother, who is named as a beneficiary in the document, offers to act as credible witness. What applies?

He is disqualified, being named in the document signed
BHe may serve, since relatives often know a signer best
CHe may serve if a second witness also swears to identity
DHe is disqualified only if he stands to inherit outright

Why A is correct

Why this is correct: A credible witness is disqualified if they are named in the document being signed, regardless of their relationship to the signer. The witness must swear they have no financial interest and are not named in the instrument. Why the other choices are wrong: "He may serve, since relatives often know a signer best" is wrong because being a relative does not override the disqualification for being named. "He may serve if a second witness also swears to identity" is wrong because a second witness does not cure the first witness's disqualification. "He is disqualified only if he stands to inherit outright" is wrong because being named is the bar, not the type of interest. Exam tip: A witness cannot be a party to or named in the document, even as a beneficiary.

7. When using a single credible witness personally known to the notary to identify a signer, which of the following must the credible witness swear or affirm to under oath?

That the signer is the person named in the document, the witness personally knows the signer, the signer cannot easily obtain other ID, the signer possesses no authorized ID documents, and the witness has no financial interest in the document.
BThat the signer is the person named in the document, the witness has known the signer for over five years, the signer's identification was lost, and the witness is a relative of the signer.
CThat the signer is the person named in the document, the witness personally knows the signer, and the witness has valid identification.
DThat the signer is the person named in the document, the witness personally knows the signer, the signer cannot easily obtain other ID, and the document is truthful.

Why A is correct

The Handbook specifies that under oath, the credible witness must swear or affirm that each of the following is true: 1) The individual appearing is the person named in the document; 2) The credible witness personally knows the signer; 3) The credible witness reasonably believes it would be very difficult or impossible for the signer to obtain another form of identification; 4) The signer does not possess any of the identification documents authorized by law; and 5) The credible witness does not have a financial interest and is not named in the document. This is found in the 'Identification, B. Oath of a Single Credible Witness' section (Civil Code section 1185(b)(1)(A)(i)–(v)).

45 more ID questions

Answers and explanations for these are in the study app.

A credible witness is used, and the signer is also present. The journal entry should record:
A credible witness must swear or affirm to several facts. Which is among them?
A credible witness stands to inherit under the will being signed. The notary must:
A driver's license issued by another U.S. state, current and bearing a photograph and signature, is:
A hospitalised signer cannot speak, and a nurse says the patient nods to agree. How should the notary proceed?
A Mexican consular identification card presented by a signer is:
A notary is asked to notarize for a person held in a California state prison. What identification may be used?
A notary public is asked to notarize a signature for a client who has no identification documents. The notary does not personally know anyone who knows the client. Two strangers, each with a current U.S. passport, approach the notary and state they know the client and are willing to act as credible witnesses. What must the notary do to properly use these two individuals to identify the client?
A signer arrives with an interpreter for a document written in the signer's language, and the notary speaks that language fluently. The notary may:
A signer at a hospital appears heavily sedated and cannot state what the document does. The notary should:
A signer, Mr. Chen, appears before Notary Lee to acknowledge a deed. Mr. Chen has no identification documents with him. Notary Lee personally knows her neighbor, Ms. Garcia, who has a valid California driver's license. Ms. Garcia personally knows Mr. Chen and is willing to vouch for his identity. Ms. Garcia has no financial interest in the deed. Can Notary Lee use Ms. Garcia as a credible witness to establish Mr. Chen's identity?
A signer offers a social security card and a certified birth certificate. What should the notary do?
A signer presents a California identification card issued to a minor. It has a photograph and description but lacks a signature, as the child did not sign it. Can this card be used as the sole satisfactory evidence for notarizing the minor's signature on a document?
A signer presents a driver's licence that expired last year but was issued three years ago. What applies?
A signer presents a United States passport card rather than a passport book. May it be accepted?
A signer presents an expired California driver's license and a valid, current U.S. passport. Can the notary use these documents together to establish satisfactory evidence of identity?
A signer presents an identification card issued by a federally recognized tribal government. It has a photo, description, signature, and ID number, and was issued 6 years ago. Is this acceptable?
A signer presents an out-of-state driver's license that is currently valid and contains their photograph, signature, and physical description. The notary notices it is a "REAL ID" compliant card. What is the notary's obligation regarding this document?
A signer who cannot write wishes to sign by mark. What does the act require?
A signer who does not speak English brings a bilingual friend to interpret. Under California rules the notary must:
A signer with a valid passport in hand asks to be identified by a friend instead. What should the notary do?
A signer's driver's license reads 'Robert James Smith' and the document names the signer as 'Robert Smith.' The notary should:
An inmate identification card issued by a California state prison, containing a photograph, description, signature and issuing agency identification, is:
During an appointment a relative answers every question directed to the signer. What is the concern?
During the appointment, an adult child answers every question for the signer and physically guides the signer's hand. The notary should:
For a signer who is an inmate in a California state prison, what form of identification is specifically listed as satisfactory evidence?
How many credible witnesses are needed when the witness is personally known to the notary?
How many credible witnesses does California require when the witness is personally known to the notary?
May a notary accept an identification card issued by a tribal government?
Oliver presents a valid, unexpired California driver's license and a valid, unexpired U.S. passport to a notary for identification. The notary reviews the documents and finds the name on the driver's license is 'Oliver James Smith' and the name on the passport is 'O.J. Smith'. What must the notary do regarding this identification?
On what basis may a notary refuse to perform a requested notarial act?
The notary has known the signer personally for twenty years. In California, personal knowledge:
The signer's licence shows a middle name that the document omits. What is the best practice for the journal?
Two people offer to identify a signer whom the notary does not know, and the notary does not know them either. What applies?
What currency requirement applies to an identification document used as satisfactory evidence?
What is the notary's responsibility regarding a signer's mental competence?
What journal entry does a single credible witness require?
What must an out-of-state driver's licence contain to serve as satisfactory evidence?
What must the journal record about the identification document presented?
When two credible witnesses are used because neither is personally known to the notary, the witnesses must:
When using an identification document to establish a signer's identity, what information must the notary record in the journal?
Which document is acceptable identification for a California notarial act?
Which document issued by the California Department of Motor Vehicles is acceptable identification?
Which employee identification card can qualify as satisfactory evidence?
Which statement must a credible witness swear or affirm?

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