Notary - Amanda
What is the penalty for Notary if failing to obtain SE required for establishing the identify of a credible witness? (hint: NO ID --> __G)
California S of S or public prosecutor may seek a penalty of up to $10,000
where is a notary's bond purchased from?
California admitted surety insurer (in the amount of $15,000)
What is the difference between an oath and affirmation? Give examples of each
oath- is a solemn, spoken promise to a supreme being made before a Notary in relation to a jurat or as a notarial act in its own right "Do you solemnly swear that your testimony is true, so help you God?" affirmation- is a solemn, spoken promise on one's personal honor, with no reference to a supreme being, made before a Notary in relation to a jurat or as a notarial act in its own right "Do you affirm that your testimony is true?"
how many journals must a notary keep at a time?
one
What must you submit to a licensed seal vendor in order to obtain an official notary seal?
original certificate of authorization
certificate of acknowledgement is executed under penalty of _____
perjury (false acknowledgement)
Definition of notary public?
person of required honesty, credibility, truthfulness and integrity appointed by the State of California to serve the public as an impartial witness in performing a variety of acts related to the signing of important documents, taking oaths and affirmations and performing other acts authorized by law.
what is an impartial witness
= no direct financial or beneficial interest (conflict of interest) aka may NOT be named in document and may NOT notarize own signature
What is a notary's job to a signer?
-authenticate person's identity -verify that the person executed (sighed) the document -compet an affiant to truthfulness
Each notarization requires a _____ and ______ entry
Separate and complete
Explain the process of Oath/Affirmation of Credible Witness (hint: 5 statements)
- credible witness must swear to or affirm that each of the following statements is true: 1. Person appearing as the signer is the person named in the document 2. credible witness personally knows the signer 3. the signer does not possess an acceptable ID document 4. signer's circumstances make it difficult/impossible to obtain an ID document 5. credible witness is impartial to the transaction
What is a limited service agreement? (hint: Private Notary)
"Business on the clock" - when your boss asks you to notarize only business documents while at work.
what is the notary fee for an acknowlegement?
$15
What is the purpose of Surety Bond?
*to protect public, not you limited fund = surety bond reimburse members of the public that are damaged by notarial misconduct May still be liable for damages, costs and attorney's fees exceeding policy limits
What are the qualifications to become a notary public?
- at least 18 years old - legal resident of california (must provide street address as residence, not PO box or commercial address as primary residence) - complete a state-approved education course (6 hr course at least one time or 3 hr refresher course prior to appointment) -pass written examination prescribed by S of S - possess integrity - pass background check - submit an application
What is required to be filled out in a journal entry?
1) Date and time of notarization Ex. January 13, 2020. 11/23 AM 2) Type of notarization (act) "character of the act" Ex. Acknowledgement or Jurat or etc. 3) Document (instrument) kind or type "character of the instrument" Ex. Deed (date of document is NOT required) 4) Signer identification information (ID card or credible identifying witnesses(es)) Ex. (X the ID Card Box) DMB / CA DL; Exp. 7/9/2020; Serial # C654321 5) Notary Fee Charged (MUST put fee even if $0) Ex. $15 6) Signature of the person whose signature is being notarized Ex. Benjamin Tran (signature is required but name/address of signer is not required 7) Thumbprint of the signer, required for (REAL POWER DOC = real estate or power of attorney) - deeds - Quitclaim deeds- deeds of trust affecting real property - documents affecting real property - powers of attorney **TP needed for Deed's of trustee but not for Trustee's deed------Thumbprint not required for trustee's deeds resulting from FORECLOSURE and DEEDS OF RECONVEYANCE Ex. Benjamin's RIGHT thumb ** failure to obtain thumbprint when required by law is punishable by a fine up to $2,500
During step 3 of the notarization (Identify and screen the signer), what are the 3 types of notarial acts?
1. Acknowledgements 2. Jurats 3. Proof of execution
What are the 2 circumstances in which the S of s will make a request of the Notary:
1. Information about a notarial act (must respond within 30 days of receiving the inf 2. certified copy of a journal entry (copy certified = time specified)
What are 3 types of special appointments or provisions to a notary commission:
1. Military-Base: - is a federal civil service employee - must be a US citizen - notarizes ON BASE ONLY - may charge NO FEES - commission ends when service on base ends 2. Public-Employee = commissioned for a public state, county, city, or public school district agency - must be employee of public agency - notarizes for public agency only - must charge for all notarial services - remits fees charged back to agency - commission ends when employment ends 3. Private-Employee = notary who has agreed to special provision w/ his/her employer to limit services to the employer's business during business hours "resident" payed by employer - bond and supplies paid for by employer - limited service agreement - "business docs on the clock" - agreement may contain a fee remission agreement during business hours (note: This is NOT required; it is permitted by the statute) - end of employment does NOT end commission
What are the 5 steps of notarization?
1. Require personal appearance (face to face, not on the phone) 2. Scan the document for completeness -look for blank spaces - make sure it is original document (**fax, photocopy is ok, but signature must be original signature (aka wet signature) 3. Identify and screen the signer (3 types of notarial acts) - Acknowledgements -Jurats -Proofs of execution 4. Record the journal entry 5. Complete the notarial certificate
When writing a notarization, what are the 4 pieces of info that must be recorded when recording an identification document? (hint. you must ID the ID; similar to I-9)
1. Type of ID document (CA DL, US PP, etc.) 2. Issuing agency ( CA DMB, US Dept. of State, etc.) 3. Serial number (license number, pp number, etc.) 4. Issuance of expiration date
In what circumstances must the notary notify the S of S? What is the fine if fail to notify S of S within _______ days? what is the process of each circumstance?
1. address change - 30 days; must include the business name if reporting a change in his/her business address - changes address of principle place of business to a new country has the option to Oath of Office in New Country 2. name change -notary must file name change application with the S o S's office. Steps: 1. S of S issues amended commission 2. Within 30 days, Notary files a new oath of office and an amendment to the bond 3. Within 30 days notary obtains a new seal 3. resignation of the notary (need letter of resignation) -must submit written letter of resignation that includes his/her 1)commission name, 2) commission number, 3) commission expiration date and county where the notary filed the oath and bond 4. death of the notary - personal representative of the deceased shall notify S of S immediately, turn in journal to the county clerk in the county where oath is on file within 30 days and destroy/deface his/her seal
notary public has no conflict of interest if acting on behalf of signer in the capacity of:
1. agent 2. attorney 3. employee 4. escrow holder 5. insurer 6. lender (in these capacities, the notary is not benefiting directly and may notarize)
in real(estate) property transactions, a Notary public would have a conflict of interest if named as (hint: think "or" and "ee")
1. grantor/grantee 2. trustor/trustee 3. lessor/lessee 4. mortgager/mortgagee 5. vendor/vendee 6. beneficiary
How does the Notary file the oath office and bond? (can do in one of two ways)
1. in person: a county clerk employee will administer the oath of office and identify Notary* or 2. By mail or physical deliver that provides a receipt: another notary in the same county where the notary is filing the oath and bond with administer the oath of office
What are the requirements of acknowledgements? (hint: 3 requirements)
1. signer must personally appear before the Notary 2. signer must be positively identified using the satisfactory evidence 3. signer must acknowledge his/her signature
What are the steps in performing an acknowledgement? (hint: 5 steps)
1. the SIGNER personally APPEARS before the notary 2. NOTARY SCANS the document for completeness 3. notary positively IDENTIFIES the SIGNER using satisfactory evidence; notary asks the SIGNER to ACKNOWLEDGE executing the document and sign the document if it has not been signed 4. Notary RECORDS a JOURNAL ENTRY for the transaction 5. notary COMPLETES CERTIFICATE WORDING for an acknowledgement and AFFIXES the OFFICIAL SIGNATURE and SEAL
Notary will obtain a receipt for the journal and must notify the S of S by certified mail or any other means of physical delivery that provides a receipt within _____ days of the date of surrender What must the notification of surrender include? (4 things)
10 days 1. Notary Public's Commission number 2. commission expiration date Dates covered by the journal entries copy of the receipt given by the peace officer
No ID & Perjury =
10G!! ($10,000 penalty)
How many days do you have to respond to a request with either a plain copy (not certified) of journal entry or a statement that no such line item exists? How much can notary charge per page for journal line item requests?
15 business days No more than $0.30
Your commission expires in a month, and you are applying to renew your commission today. What is the minimum educational requirement?
3 hours class/course
If a notary resigns, is disqualified, is removed from office, or allows his/her commission to expire without obtaining reappointment, the notary must surrender all journals and papers in the county clerk where his/her oath is on file within __________ days
30 days
How many days does the notary applicant have to authenticate the commission packet? and what steps are required?
30 days of commission commencement date. Steps: 1. To take and file an oath of public office. 2. to file a $15,000 surety bond with the county clerk's office
what is notary's term of office?
4 years (can notarize until midnight of 4th year)
Which of the following is requirement of acknowledgement? a. Signer affirms his/her signature before a Notary b. Signer signs his/her signature before a Notary c. Signer swears or affirms his/her written statement before a Notary d. Signer signed the document a year ago
A. Signer affirms his/her signature before a notary B, C, D don't apply to acknowledgements
What are the types of State-approved ID Documents applicable for SE?
All acceptable ID documents must be current OR issued within 5 years Group 1 (can be current or issued within the last 5 years) - ID Card/DL by CA, US Passport/US Passport card, Inmate ID Card issued by CA Dept. of Corrections and Rehabilitation, any form of inmate ID issued by a sheriff's department Group 2 (if signer does not have one of the IDs listed in group 1, Notary may rely on any of the following forms for identification provided that it is CURRENT or issued within the last 5 years AND contains these 4 elements elements: photograph, physical description, signature, serial number) -passport issued by a foreign gov't, ID card/dl issued by another US state, DL issued by an authroized Canadian/Mexican public agency, US military ID card (CAUTION some military ID may lack all four required elements), Employee ID card issued by an agency or office of the state of CA, or by an agency or office of a CA city, county, or city and county, counsular identification document, ID card issued by a federally recognized tribal government **note: must be DL for Canadian/mexican Id card
You are notarizing a document for a personal friend. Which of the following must be included in your journal? a. Signer's name b. Signer's Address c. Notary Fee d. Length of time you have known that friend
C. Notary Fee (even if it is $0!!!)
Scenario: The vice president of a company based in colorado requests that you notarize his signature on a corporate document that will be filed in the company's headquarters in Denver. Read the certificate below and determine whether you may execute it for a document filed outside of california (Certificate of Wording) State of Colorado County of _______ On this the _____ day of ___ (month), _____ (year), before me, ____, a notary in and for said state, personally appeared ___ (name of officer), known President of the corporation herein named, and acknowledged that he/she executed the within instrument on behalf of the corporation. WITNESS my hand and official seal Signature _____ Seal
Can't certify his capacity
When must you complete an acknowledgement and jurat certificate?
Everytime you perform acknowledgement/jurat notarization
California acknowledgement wording must be used for all documents filed in the united states. T/F?
False, documents filed in CA
What writing a notarization, what information is required to record a credible witness? Please explain process for recording ONE CW and TWO CW
For ONE, Notary must record in the journal EITHER the signature of the credible witness OR the ID information For TWO (both CW unknown to the Notary), Notary must record in the journal AND the signatures of the credible witnesses AND the ID information (*and have to see witnesses ID)
What is the format of notary's seal and what elements does it require?
Format 1. Rubber inking stamp or metal embossing seal 2. Rectangular (no larger than 1'' x 2 1/2'') or Circular (no larger than 2'') 3. Serrated or milled edge border Elements of Seal 1. words "Notary Public" 2. Notary's commission name 3. County where oath and bond are on file 4. *Notary's sequential commission number 5. Commission expiration date 6. *Seal manufacturer's sequential ID number 7. California seal
If you lose your journal or seal, how long do you have to NOTIFY the S of S?
Immediately for both!
In what instances are you required to allow your journal for inspection?
Inspection = Employer, Court Order, Subpoena Employers...... MUST allow the employer or employer's auditor/agent to inspect entries directly associated with the employer's BUSINESS PURPOSE. Upon request, notary must provide copies (not certified) of all journal entries that are directly associated with the business purposes of the employer Court Officials.... if presented with a subpoena or court order, a notary must provide her journal for examination in the Notary's presence and must certify those copies if requested Members of the Public.... any member of the public may request a photocopy of a journal entry. They must request in WRITING and must include specific INFO about the notarial transaction
What is a jurat and what are the requirements?
Jurat- used when an individual attests to the truth or accuracy of the statements in the document. The signer is declaring that the contents of the document are true. In performing a jurat, the notary confirms the identity of the signer, witnesses the signer sign the document, and administer an oath or affirmation to the signer Requirements 1. Signer must personally appear before the Notary 2. Signer must be positively identified using satisfactory evidence 3. signer must sign the document in the notary's presence 4. notary must administer an oath or affirmation to the signer, who declares that the contents of the document are true. **IF DOCUMENT IS ALREADY SIGNED, MUST SIGN AGAIN
Your employer paid for your Notary commission and your bond. she asks you to notarize only business documents while you are at work. What type of provision is this?
Limited service agreement = "Business on the clock"
For Satisfactory Evidence needed for an acknowledgment/jurat, if the the signer is not able to provide CA approved documents from Group 1, what are the elements required in CA approved documents for Group 2? (Hint: MUST HAVE ALL 4 ELEMENTS... think P.P.S.S.)
MUST HAVE ALL 4 ELEMENTS 1. Photograph 2. Physical description 3. Signature 4. Serial number NO Student ID, Temp ID, or IDS with Holes
Which type of notary has to be a US citizen
Military notary
Notary must ______ choose the notarial act or the certificate wording for the document.
NEVER constitutes the unauthorized practice of law
When is a credible witness necessary and what is it? What must a credible witness do in order to be a credible witness?
Necessary for acknowledgement/jurat when the signer does not have an acceptable ID document. Credible Witness = Human ID Definition: Person who personally knows the signer, and who swears to or affirms the signer's identity. Any credible witness must: -personally know the signer -be impartial to the transaction -take an oath of affirmation vouching for the signer's identity -present a state-approved ID document to the Notary
if military base transfers to new base, can he/she carry jurisidiction?
No
Does the information on your official seal contain your county of residence?
No (it states the county where the oath and bond was files)
Can you notarize for spouse?
No law says you can't notarize for spouse BUT since California is a community property state, a notary should exercise caution when notarizing for spouse because you may not know that you have a conflict. - if test question asks about notary for spouse or family member, if the question doesn't indicate COI, then assess as if notarizing for stranger
What is the process when using ONE credible witness vs TWO credible witnesses?
No matter is using 1 or 2 credible witnesses, ALL MUST KNOW THE SIGNER. ONE Credible witness: -CW MUST KNOW signer -CW MUST KNOW notary -CW must present ID document -CW must take an oath/affirmation -CW must sign journal/ID info recorded TWO Credible witnesses: - CWs MUST KNOW signer - CW does NOT need to know notary - CW must present ID document - CW must take an oath/affirmation CW must sign journal/ID info recorded
Is the venue on a Notary certificate the state and county where the document is signed?
No!! (it is where it was NOTARIZED!!)
Karen needs to acknowledge her signature on a document. Upon scanning the document, however, the Notary notices that the document is missing a safe deposit box number. Since Karen was in a hurry, she left the number at home. She assures the Notary that she will fill it when she gets home. Can the Notary notarize the document?
No, because document is not complete.
Does signer have to sign document in front of the Notary's presence?
No, but the signer does have to personally be there to acknowledge that he/she executed the document
Is the following out-state- acknowledgment wording on a document to be filed in New York acceptable for California Notary to complete? "On today's date before me, (Name of Notary), personally appeared John Smith, attorney-in-fact of Mary Smith, known to me..." Yes or No?
No, can't verify his capacity. Most states allow a notary to certify capacity, but CA does not..
Does a peace officer need a warrant when requesting Notary to surrender journal? if requested by peace officer, when do you have to surrender? What is the fine for failure to surrender journal to peace officer? (hint. Gun offense same as Thumb(print) offense) Peace officer or law enforcement agency must notify teh S of S by fax within __ hours
No, does not warrant IMMEDIATELY surrender your journal to peace officer $2,500 24 hours
Does an acknowledgement require the Notary to witness the signing of the document?
No, only have to appear during the notarization
May a notary accept a current Canadian ID card as proof of Identity?
No, the Canadian card must be a DRIVER'S LICENSE. You can accept Canadian DL or PP
When the notary applicant has passed the examination and background check, the S of S will send the applicant a ____ ______ _____
Notary commission packet
County Clerk =
Oath, bond, and Journal
What is the difference between oath/affirmation vs a jurat?
Oath/Affirmation: the person is making a declaration that whatever he or she says is true Jurat- the signer is declaring that the statements that he/she has made is written document are true
What is an acknowledgment?
POSITIVELY IDENTIFICATION OF A DOCUMENT - a notarial act in which notary certifies having positively identified a document signer who admitted having signed the document -aka verifying that the person who signed the document is the person named in it. *notary confirms the identity of the signer and the signer acknowledges being the signer of the document
Which type of notary (of the 3) charges for services
PUBLIC -private (depends on boss) - military (no fees charged)
Scenario: You arrive at work to find a small stack of signed documents and a noteasking you to call your boss on her cell phone. When you contact your boss, she tells you that she had to leave on short notice, but the documents must be notarized by today. She assures you that she will be back early tomorrow to sign your journal. How would you handle this situation?
Refuse until boss personally appears
Scenario: You resign your position with your current employer. He informs you that he wants you to turn your journal and seal over to him since he paid for them. What do you do?
Refuse. If you do give your journal and seal over to boss, you could be charged with Misdemeanor for misuse of tools and boss will be charged with misdemeanor for influencing
Scenario: Your employer asks you to travel with her to Oregon. While in Oregon, she discovers she needs her signature notarized on a time-sensitive document to be filed in CA and asks you to perform the notarization. How do you proceed?
Reject. Have to be in California to notarize.
During the process of the second part of Step 3 (identify and ______ signer) in the notarization process, after you have identified the signer, what must the notary do?
Screen the signer for willingness and awareness -screening for willingness ensures that the document signer is not being forced, coerced, or intimidated into signing a document -screening for awareness ensures that the signer appears to understand what is going on--- that he/she is having an important document notarized (not required by law but is strongly advised to do)
Mike and his wife Kim need to have their signatures notarized. Mike has an acceptable ID, but Kim recently lost her wallet and hasn't had time to replace her Id. when they appear before the Notary, Kim brings two friends with her. Her friends swear they know Kim to be the person who signed the document. How was Kim identified?
She brought 2 credible witnesses. Notary must check for acceptable Id, administer oath/affirmation. **Important Note: Mike can't be a CW because he is signing the document with her (CONFLICT OF INTEREST)
Journal provides valuable evidence in the vent a notarized document is lost or altered or if certain facts about a transaction are later challenged. T of F
T
Notary public is responsible for obtaining and maintaining a journal. T or F
T
What are the contents of a Written Request? (Who, What, When)
WHO = Names of the parties WHAT = Type of document (***not type of notarization) When = Month and year of the notarization
When is Satisfactory Evidence required to be obtained of the signer's identity? Give Examples of Satisfactory Evidence (NOTE* only needed for ACKNOLWEDGEMENTS and JURATS)
When there must be absence of information, evidence, or other circumstances that would lead to reasonable person to believe that the signer is not the individual he/she claims to be. Ex. State approved ID document or 1 or 2 Credible Witnesses
May a Notary notarize a faxed document with an original signature?
Yes
Scenario: Your employer of 10 years brings in his friend who needs his signature notarized on a document. His friend's ID has been stolen. Can you proceed with the notarization? If so, how?
Yes you can notarize his friend's signature on a document. Your employer is the CW. Only ONE CW is needed if the CW knows the you (the notary)
May a notary notarize for a grantor?
Yes!! " 'for' a grantor" means that the Notary is not the grantor, so it is ok. If the notary is the grantor, then notary can't notarize
If your employer moves but you remain in your same residence, must you notify the S of S?
Yes, must notify within 30 days or it is criminal infraction
For an acknowledgement, a Notary certifies a. Signer understands the document b. Signer acknowledges his/her signature before a Notary c. Signer appeared before a Notary d. Document is legal
b. signer acknowledges his/her signature before a notary
it is meaningless and prohibited to sign and stamp a document without ________________ ____________
certificate, wording
If the certificate wording is unacceptable, the notary must _____ _____ the existing certificate and attach california acknowledgement wording
cross out
What is a conflict of interest?
direct financial or beneficial interest in a transaction
Each signature needs their own _____
entry
Journal is the Notary's _________ property Journal must be kept in a locked and secured area under the ____ and ______ control of the Notary when not in use.
exclusive direct and exclusive
When is an expired identification document acceptable
if the issue date is within less than 5 years from date of notarization
If journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the Notary must ______ notify the S of S by certified or registered mail or any other means of physical delivery that provides a receipt What are the contents of the notification? If the old journal is found, entries must be made in the (new or old?) journal
immediately 1) notary commission number, 2) commission expiration date, 3) time period covered by the journal, 4) photocopy of any relevant police report New journal
If the seal is lost, misplaced, destroyed, etc. Notary must ____ mail/deliver written notice to the S of S If requested by the Notary, the S of S will issue a new certificate of _____ for a seal within 5 working days
immediately authorization
When a notary finds a new job, the seal and journal should be surrendered to whom?
journal to county clerk, and destroy seal yourself by scoring it
California's law requires a notary to provide and manually affix on all notarized documents a ____, _____ ______ seal press or stamp
legible, photographically reproducible **Notary must NOT affix the seal over signatures or any printed matter
On a certificate, if the preprinted venue is incorrect, what do you do?
line out the incorrect info, initial it, and write in the correct venue
Misuse of journal entry is a _____
misdemeanor; $1,000 or 6 months in jail ex. impersonating or influencing
List and Define the components required in a Notarial Certificate
must be enclosed, must be printed in a typeface that does not obscure its legibility, and must appear at the top of the certificate. These components only found in CA certificates 1. Notice* = Statement that the notary has ONLY VERIFIED THE IDENTITY of the signer and NOT the truthfulness, accuracy or validity or the document 2. Venue = STATE and COUNTY where the signer personally appeared before the Notary *where notarization takes place not where the document was signed 3. Particulars = facts of the notarization for each particular act 4. Signature = Notary's signed name that matches the name of the official commission 5. Seal = physical sign of the Notary's authority that imprints the Notary's commission info 6. Penalty of Perjury Clause** = statement signed by notary, under penalty of perjury, that the facts stated ni the certificate are true and correct *False acknowledgement = lying = Felony = 1 year in prison 7. Testimonium Clause ** = statement "witness my hands and official seal" which introduces the Notary's authenticating signature and seal
A notary may never complete an out-of-state acknowledgment certificate if it requires the notary to determine or certify that the signer holds a particular __________ __________ or make other determinations not allowed by california law
representative capacity
All notarizations must be recorded in ____ order
sequential
what is notary's jurisdiction?
statewide
Notaries may complete acknowledgement forms required by another state or jurisdiction ONLY if _________________________
the document will be filed in that state or jurisdiction
What is representative capactity?
the status of signing or acting on behalf of another person or legal entity, such as a corporation, partnership or trust
All journal entries must be recorded at the ____ of the notarization
time
A certificate of acknowledgment must be completed at the time the Notary Public's signature and seal are affixed in the document
true If the acknowledgement certificate doesn't have california statuary wording, the notary must use and attach the correct wording to the document