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Journal & Certificates β€” California Notary Practice Questions

50 questions in this content area. 4 are published in full below with worked explanations.

1. A mobile notary charges for travel in addition to the notarial act. How should that appear?

  • ACombined with the notarial fee as a single total
  • BOmitted, because travel is not a notarial service
  • Identified separately from the fee for the act
  • DRecorded only on the invoice given to the client

Why C is correct

Why this is correct: Travel charges are for a separate, non-notarial service and are not subject to the statutory fee cap. To avoid the appearance of overcharging the capped notarial fee, the travel charge must be identified separately in the journal. The original explanation notes blending them makes the entry look like an overcharge. Why the other choices are wrong: Combining them as a single total is wrong because it obscures the notarial fee and violates the requirement for a clear record. Omitting the travel charge is wrong because it is a chargeable service that should be recorded. Recording it only on the client invoice is wrong because all fees received must be entered in the journal. Exam tip: Keep notarial and non-notarial fees on separate lines in the journal.

2. A signer has no hands and cannot provide any print. May the notarization proceed?

  • ANo, the thumbprint requirement admits of no exception
  • BNo, unless a court order excuses the requirement first
  • CYes, if a family member provides a print in their place
  • Yes, if the journal explains the physical condition

Why D is correct

Why this is correct: Yes, if the journal explains the physical condition. The governing concept is the exception to the thumbprint requirement for physical inability. The original explanation states that where the party is physically unable, the notary indicates that in the journal and states the reason. Why the other choices are wrong: The requirement does admit of this specific exception. A court order is not required. A family member's print is not a valid substitute. Exam tip: For physical inability, journal the reason and proceed. Do not take a substitute print.

3. An employer asks a departing notary to leave the seal behind, having paid for it. What applies?

  • The seal is the notary's exclusive property and is not surrendered
  • BThe seal transfers with the position to the next employee hired
  • CThe seal may be left if the commission is also transferred
  • DThe seal is returned to the vendor that manufactured it

Why A is correct

Why this is correct: The notary seal is the exclusive property of the notary, regardless of who paid for it. Surrendering it to an employer or anyone else not authorized to possess it is a misdemeanor. It must remain under the notary's direct control in a secured area. Why the other choices are wrong: "The seal transfers with the position to the next employee hired" is incorrect; each notary must obtain their own seal. "The seal may be left if the commission is also transferred" is wrong; commissions are not transferable. "The seal is returned to the vendor that manufactured it" is not a legal requirement. Exam tip: The seal and journal are the notary's personal, non-transferable property and responsibility.

4. Notary Public Lee's journal currently has entries numbered 1 through 47. Lee performs a jurat for a client, which is the next official act. What rule governs how Lee must record this act in the journal?

  • ALee must start a new journal page and can assign any entry number.
  • Lee must record the act as entry number 48 in the same active sequential journal.
  • CLee may use a separate logbook for jurats to keep them organized.
  • DLee must wait until the next business day to make the entry to ensure accuracy.

Why B is correct

Government Code section 8206(a)(1) states, 'A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public.' The requirement for a single 'sequential' journal means entries must be made in consecutive order. Therefore, the next act after entry 47 must be recorded as entry 48 in the same journal.

46 more Journal questions

Answers and explanations for these are in the study app.

  • A borrower presents a power of attorney that grants their agent authority to execute a mortgage on the borrower's behalf. The agent is present to sign and acknowledge the mortgage document. For the journal entry for this acknowledgment, the notary must obtain the thumbprint of:
  • A California notary seal must contain which elements?
  • A client appears before Notary Public Chen for an acknowledgment on a power of attorney. The client has a physical condition that makes providing a thumbprint impossible. What is Chen required to do in the journal entry for this act?
  • A client brings a fully executed 'Grant Deed' for you to notarize. Upon reviewing the document, you see it was signed by the grantor three days ago in your office parking lot, but you did not witness the signing. The grantor is not present now. The client asks you to complete a 'Proof of Execution by Subscribing Witness' for the grantor's signature. You should:
  • A completed acknowledgment certificate contains a typographical error in the county name. The notary should:
  • A journal thumbprint is required when the document is:
  • A loose certificate attached to a document should include:
  • A member of the public submits a written request for a copy of a specific journal line item. The notary must respond within:
  • A member of the public writes requesting a copy of one journal transaction. What is required of the notary?
  • A notary discovers the journal has been stolen. What must be done?
  • A notary is asked to take an acknowledgment for a document entitled "Quitclaim Deed." The signer is present and identified. The notary should:
  • A notary is served with a subpoena duces tecum for the journal. What must the notary do?
  • A notary keeps photocopies of every document notarized. What is the journal's status?
  • A notary omits the thumbprint on a deed of trust. What is the exposure?
  • A notary performs an act at no charge for a friend. The journal fee entry should read:
  • A notary public is asked to notarize a signature on a quitclaim deed affecting real property. The signer, who is missing their right thumb, provides a left thumbprint in the journal. What must the notary do regarding the journal entry?
  • A notary public is performing an acknowledgment on a power of attorney document. The signer has a physical condition that makes it impossible to provide any thumb or fingerprint. What is the notary's correct course of action?
  • A notary public is presented with a deed of trust to notarize. The signer provides satisfactory evidence of identity. According to the Handbook, what must the notary do regarding the journal entry for this transaction?
  • A notary resigns before the commission expires. The journals must be:
  • A notary's commission expires and they do not seek reappointment. What happens to the journals?
  • A notary's commission is revoked. What must be done with the seal?
  • A notary's employer bought the journal and now demands it on the notary's last day. What applies?
  • A peace officer investigating a crime seizes a notary's journal. What follows?
  • A peace officer with a court order seizes the notary's journal. The notary must notify the Secretary of State within:
  • A signer brings a document with no notarial wording and asks for the seal and signature only. What applies?
  • A signer has no hands and cannot provide a thumbprint for a required document. The notary should:
  • A signer's right thumb is bandaged. What does the notary do?
  • A single appointment involves notarizing four separate documents for one signer. The journal should contain:
  • For which document must the notary take the signer's thumbprint in the journal?
  • How many active sequential journals may a California notary maintain at one time?
  • How many notarial journals may a California notary keep in use at one time?
  • If a certificate's preprinted wording does not match California requirements, the notary should:
  • Notary Public Jordan has just completed an acknowledgment. In the journal, Jordan recorded the date, time, type of act, character of the instrument, the signer's signature, and the fee charged. The signer's identity was established by a U.S. passport. What critical element is missing from this journal entry?
  • Notary Public Kim is completing a journal entry for an acknowledgment on a deed of trust. The signer, Maria Garcia, presented a California driver's license. Which of the following must Kim record in the journal regarding the identification?
  • On which document may an acknowledgment be taken without the official notary seal?
  • The California all-purpose acknowledgment certificate must begin with a disclosure box stating that:
  • What does the journal record about the document itself?
  • What must the journal state about how the signer was identified?
  • What shape and size may a California notary's seal be?
  • When a signer refuses to sign the notary's journal, the notary must:
  • Which document is excepted from the journal thumbprint requirement?
  • Which entry is required in the California notary journal for each act?
  • Which of these must be recorded for every notarial act?
  • Which real property instrument is excepted from the thumbprint requirement?
  • Whose signature must appear in the notary's journal?
  • Why should the seal not be placed over a signature or over printed matter?
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