Notarial Acts — California Notary Practice Questions

102 questions in this content area. 8 are published in full below with worked explanations.

1. A document signer appears before a notary for a jurat. The signer is deaf and communicates via American Sign Language (ASL) with an interpreter who is a close friend. The interpreter translates the oath, and the signer signs the document. What is a critical requirement the notary must ensure is met before proceeding?

AThe notary must be fluent in ASL to administer the oath directly.
The notary must ensure the interpreter is a certified or registered interpreter and is not a party to or named in the document.
CThe notary must have the interpreter sign the journal entry as a witness.
DThe notary must refuse the notarization because an oath cannot be administered through an interpreter.

Why B is correct

A notary may use an interpreter to communicate with a signer who does not speak or understand English. The interpreter should not be a party to or beneficially interested in the transaction, and it is a best practice for the interpreter to be certified or registered. The notary remains responsible for ensuring the signer understands the oath and the act being performed.

2. A homeowner is signing a 'Declaration of Citizenship' form that includes the statement, 'I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.' The notary's role is to notarize the signature. What is the appropriate notarial act for this document?

AAn acknowledgment, because the signer is acknowledging they signed the document.
A jurat, because the signer is swearing or affirming to the truthfulness of the contents.
CA copy certification, because it is a declaration.
DAn oath or affirmation alone, without attaching a notarial certificate.

Why B is correct

A jurat is the correct notarial act when the signer is swearing or affirming to the truthfulness of the contents of a document. The language 'declare under penalty of perjury' indicates the signer must take an oath or affirmation. For a jurat, the notary administers the oath/affirmation and then completes a jurat certificate stating the signer was sworn and subscribed the document before the notary. An acknowledgment is for verifying the signature only, not the truth of the content.

3. A newly elected school board member asks a notary to administer the oath of office. What applies?

A notary may administer oaths in matters incident to the office
BOnly a judge may administer an oath of public office
CThe county clerk must be present for the oath to count
DA notary may do so only for state-level officials

Why A is correct

Why this is correct: Administering oaths and affirmations is a general power granted to notaries by California law, applicable to any matter incident to the duties of a notary public, including oaths of public office. The notary would record this act in the journal. Why the other choices are wrong: "Only a judge may administer an oath of public office" is wrong; notaries and other authorized officers can administer oaths. "The county clerk must be present for the oath to count" is wrong; no such requirement exists. "A notary may do so only for state-level officials" is wrong; the power is not restricted by the level of the official's office. Exam tip: Administering oaths is a broad power not limited to document notarizations.

4. A signer refuses to swear or affirm that the statements in an affidavit are true. What may the notary do?

Decline to perform the jurat
BPerform it and note the refusal in the journal
CSubstitute an acknowledgment without asking further
DHave a witness take the oath in the signer's place

Why A is correct

Why this is correct: A jurat requires the signer to swear or affirm that the contents of the document are true. If the signer refuses, this essential element is missing, and the notary cannot complete the act. The notary must decline. Why the other choices are wrong: "Perform it and note the refusal in the journal" is wrong; performing an incomplete act is improper. "Substitute an acknowledgment without asking further" is wrong; the notary cannot unilaterally change the type of notarization requested. "Have a witness take the oath in the signer's place" is wrong; the oath must be taken by the signer. Exam tip: No oath/affirmation = no jurat. Decline.

5. Besides identifying the principal and the signing, what else must the subscribing witness swear?

AThat the document is complete and accurate as written
BThat the principal received independent legal advice
That the principal requested them to sign as a witness
DThat no other witness was present at the signing

Why C is correct

Why this is correct: The subscribing witness must also swear that the principal requested them to sign as a witness. This establishes the witness's official role and distinguishes them from a casual bystander. Why the other choices are wrong: The witness does not swear to the document's completeness or accuracy. The witness does not swear the principal received legal advice. The presence of other witnesses is irrelevant to this specific oath. Exam tip: The request from the principal is what makes someone a 'subscribing' witness.

6. No credible witness known to the notary is available to identify the subscribing witness. May the proof proceed?

AYes, if the subscribing witness produces a passport
BYes, if two other people vouch for the subscribing witness
CYes, if the notary records the reason in the journal
No, that credible witness is a requirement of the act

Why D is correct

Why this is correct: No, the proof cannot proceed. The statute requires a credible witness who is personally known to the notary to identify the subscribing witness. The subscribing witness's own ID is not sufficient. Why the other choices are wrong: The subscribing witness's passport does not satisfy the credible witness requirement. Two other people vouching does not meet the statutory requirement. Recording the reason in the journal does not waive the legal requirement. Exam tip: The credible witness is a mandatory link between the notary and the subscribing witness.

7. Robert brings a signed affidavit to Notary Lily. He swears to its truthfulness, but Lily notices he signed it before arriving. For a valid jurat, what must Lily do?

Have Robert sign the document again in her presence, then complete the jurat.
BRefuse to proceed because the document was pre-signed, making a jurat impossible.
CComplete the jurat since Robert swore to the contents; the timing of the signature is not critical.
DTreat it as an acknowledgement instead, since the signature was not made in her presence.

Why A is correct

A fundamental requirement for a jurat is that the document must be signed by the principal in the notary's presence. If it was signed earlier, the notary must have the principal sign again in the notary's presence to satisfy this requirement before completing the jurat certificate. A jurat cannot be performed on a pre-signed document. (California Notary Public Handbook, Steps for Performing a Jurat - The document must be signed in the notary's presence.)

8. When administering the oath for a jurat, which of the following is a legally sufficient method according to the Handbook?

AThe notary public must read a prescribed oath verbatim from the Government Code.
BThe notary and signer must each raise their right hand while the oath is administered.
The notary asks, "Do you swear or affirm that the statements in this document are true?" and the signer responds affirmatively.
DThe signer must write "I swear under penalty of perjury" above their signature on the document.

Why C is correct

The Handbook states: '*There is no prescribed wording for the oath, but an acceptable oath would be "Do you swear or affirm that the statements in this document are true?"' It also notes that raising the right hand is traditional but 'not a legal requirement.' Therefore, option C describes an acceptable, though not the only, method. (Handbook, Jurat section, page 14).

94 more Acts questions

Answers and explanations for these are in the study app.

A borrower is refinancing a loan and the signing agent presents a stack of documents. One document, a deed of trust, contains a pre-printed California all-purpose acknowledgment certificate. The signing agent asks the notary to 'just stamp and sign it' after the borrower signs. What should the notary do?
A California notary is completing a jurat certificate for a document executed by a principal signer. Which wording must the notary use in the jurat's venue clause?
A client asks a notary to certify a photocopy of their driver's licence. What is the correct response?
A client needs a "certified true copy" of a diploma for a foreign consulate. What can the notary offer?
A copy certification by document custodian differs from a certified copy in that the custodian version:
A corporate officer signs a contract on behalf of a corporation. The acknowledgment identifies:
A document that will be recorded in California arrives with a Nevada acknowledgment certificate attached. A California notary asked to notarize it should:
A document arrives with out-of-state wording that asks the notary to certify the signer's representative capacity. What should the notary do?
A document contains both a jurat and an acknowledgment certificate, and the signer asks the notary which to use. The notary may:
A document is signed by two people: one needs a jurat and the other an acknowledgment. What does the notary do?
A document notarized in California will be filed with a government office in another country. What does the notary use?
A document signer needs a jurat. The signer appears before Notary Public Garcia, but has already signed the document at home. What should Notary Garcia do?
A jurat certificate is attached to a document that the signer had already signed at home. The notary must:
A jurat certificate states that the document was subscribed and sworn to before the notary. The word 'subscribed' refers to:
A jurat differs from an acknowledgment in that a jurat requires the signer to:
A jurat is requested on a statement that gives the affiant's birthdate and includes their photograph. What extra step applies?
A long-standing client mails a signed document to their notary asking for an acknowledgment. What is required?
A member of the public requests a copy of a journal transaction. What must the written request contain?
A member of the public requests a copy of one line item from the notary's journal. The notary may:
A new paralegal, who has just been hired at a law firm, needs to give an oath that they have not been convicted of a felony. The person is religious but prefers not to swear by a religious text. Which of the following is the correct action for the notary public to take?
A notary administering an oath must have the person:
A notary attaches a loose acknowledgment certificate to a document. What guards against it being moved to another one?
A notary commissioned in Alameda County performs an acknowledgment in San Diego. What county goes in the venue?
A notary is asked to administer an oath of office to a newly elected local official. In California, a notary:
A notary is asked to certify that a signature on a document is genuine, without the signer present. The notary may:
A notary is asked to certify that a translated document matches its original. The notary should:
A notary is asked to notarize a grant deed for a property in San Diego County. The signer, who is named in the deed, appears before the notary in Los Angeles County. Using the California all-purpose acknowledgment form, how should the notary complete the venue?
A notary needs to submit their own affidavit in a court matter. Who may take it?
A notary notices a misspelled county in a certificate completed last week. What may be done?
A notary public is administering an oath for a jurat. What is the maximum fee the notary may charge for this service?
A notary public is asked to administer an oath to a signer for a jurat. The signer raises their left hand. The notary should:
A notary public is asked to notarize a signature on an affidavit for a U.S. military veteran's benefit claim. The veteran presents satisfactory evidence of identity. What fee may the notary charge?
A notary public is presented with a document to which the signer must swear or affirm to its truthfulness. What notarial act must the notary perform?
A notary public's principal place of business is in Sacramento County. The notary is asked to notarize an acknowledgment on a contract in a San Diego office. The signer personally appears before the notary in San Diego. Which county name should the notary write in the venue heading ('State of California, County of __________') of the acknowledgment certificate?
A person taking an oath before a notary is placed under penalty of:
A proof of execution by a subscribing witness is a notarial act in which:
A proof of execution may NOT be used for:
A signer appears, is identified, and then says the signature on the document is not theirs. The notary must:
A signer arrives with a deed they signed at home last week. May the notary take the acknowledgment?
A signer asks the notary to certify a copy of a U.S. passport for a bank. The notary should:
A signer brings a contract already signed at home and asks for an acknowledgment. The notary may:
A signer objects to swearing on religious grounds but is willing to affirm. The notary should:
A signer presents an affidavit already signed and asks for a jurat. What must the notary do?
A signer says they are willing to affirm but not to swear. Practically, choosing an affirmation means the wording:
A signer signs a document by making an X because they cannot write. This signature by mark requires:
A signer swears to an affidavit that later proves to contain deliberate falsehoods. Who is exposed to perjury?
A signer's beliefs prevent them from swearing an oath. What should the notary offer?
An attorney-in-fact signs a deed under a power of attorney. The acknowledgment should be taken:
An oath administered to a deposition witness is properly performed when the notary:
During a jurat, the notary must:
During a loan closing, a borrower presents an all-purpose acknowledgment certificate form with all fields correctly completed except the county line is left blank. The acknowledgment is taken in Orange County, California. The notary public should:
For which document may a proof of execution by a subscribing witness be used?
How is the subscribing witness's own identity established in a proof of execution?
How many things does the notary certify when executing a jurat?
How must the certification of a copy of a power of attorney be signed?
How must the notary's signature appear on a certificate of acknowledgment?
How should a notary administer an oath to a signer?
In a certificate of acknowledgment, what does the California notary certify?
In a jurat, the oath the notary administers asks the signer to swear that:
In a proof of execution, the subscribing witness swears to several facts. Among them is that:
In a tangible copy certification of an electronic record, who signs the certification?
In performing an acknowledgment, the notary certifies that the signer:
May a California notary administer the oath to a witness at a deposition?
May a notary attach a jurat to a document delivered by a signer who did not appear?
Notary Public Chen is completing a jurat certificate for a document signed in San Francisco County. Which of the following correctly completes the jurat wording as prescribed by California law?
Notary Public Lee is about to perform a jurat. The signer, Maria, asks if she can 'affirm' instead of 'swear.' What should Notary Lee do?
One person signs a document bearing the all-purpose acknowledgment with its plural options. What should the notary do?
The California acknowledgment says the signer executed the document "in his/her/their authorized capacity(ies)." What does the notary certify about that capacity?
The name on the signer's identification does not match the name on the document at all. What should the notary do?
The subscribing witness in a proof of execution must be identified to the notary by:
The venue line on a California acknowledgment certificate states:
Under what declaration does a notary execute a California certificate of acknowledgment?
What does California law prescribe about the wording of the oath a notary administers?
What does the boxed notice at the top of a California acknowledgment certificate state?
What is a proof of execution by a subscribing witness?
What is the difference between an oath and an affirmation?
What is the legal effect of a copy of a power of attorney certified by a notary?
What is the primary legal purpose of an acknowledgment?
What journal entries does a proof of execution require?
What must a notary state when certifying a copy of a power of attorney?
What must the certificate for a proof of execution state about the credible witness?
What must the subscribing witness swear about how the principal signed?
When a credible witness is used to identify a signer, what does the notary do with the witness?
When completing a jurat, a California notary must ensure the signer does which of the following?
When may a California notary complete an acknowledgment certificate written for another state?
When must the certificate of acknowledgment be completed?
Which copies may a California notary certify?
Which document may a California notary certify a copy of?
Which of the following statements accurately describes a notary public's authority regarding oaths and affirmations in California?
Which wording identifies a jurat?
While performing a notarization, a notary public administers an oath to a signer. What must the notary ensure the signer does during this process?
Who must appear before the notary when a copy of a power of attorney is certified?
Why can a proof of execution never be used on a document requiring a thumbprint?
Why does California restrict proofs of execution so heavily on real property instruments?

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