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Exam (elaborations)

Notary Public

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An employer requests a copy of journal. How should notary respond? Notary must either make copies or superivse the entire copying process. All notary journal entries must include 1. date of notarization 2. time of notarization 3. type of notary performed 4. title of doc notarized 5. information regarding the ID of signer 6. signature of signer 7. right thumbprint if doc is a deed, quitclaim, or deed of trust 00:54 01:33 is using an embosser along w/ seal required no t/f - notary seal must be photographically reproducible true t/f - notary seal must be black ink false What is the venue venue also denotes what and county found directly above notary verbiage and county wehere signer personally appeared before notary notaries are permitted to notarize as long as venue indicates the state and county where notary act is performed If notary submits applicaton w/out taking exam, how long is application good for. 1 year how long are testing results valid 2 years How much does it cost if you miss deadline for oath and refile app 20.00 - for application and wait for new letter of commission to be sent does notary get surety bond or error and ommissions insurance? how much? surety bond - 15,000 is notary obligated to pay bonding company back if there is a claim against them yes 00:02 01:33 If signer doesn't have proper id when is it necessary for one credible witness single credible witness can be used if notary personally knows the credible witness and credible witness provides proper ID If singer doesn't have proper id when is it necessary for two credible witnesses if notary doesn't personally know credible witness use two witnesses to prove indentity of signer using proper id Can a doc be notarized in Arizona? or should notary and signer travel to CA? no yes can a ca notary notarize a doc while physically out of state no - both notary and signer must physically be in state to notarize If seal on doc becomes illegible, what should notary do re- notarize same doc. no need to redraft doc. ca notary seal must contain 1. ca state seal 2. name of notary 3. sequential commission # of notary 4. commission expiration date 5. county where notary filed oath-same county as business 6. state approved seal manufacturer or vendor # 7. words "notary public" 8. serrated or milled edge 9. rectangular or circular Does notarizing ca sub division map require a seal no -these docs don't retain ink from seal what does notary do on sub division map above signature 1. name of notary 2. expiration of commission 3. county where oath is on file DO NOT NEED COMMISSION # if acknowledgement is taken that is not in correct format loose certificate is attached except if the document is to be recorded in another state jurat is identified by what word or phrase subscribed and sworn (or affirmed) to. the negligent failure to discharge fully and faithfully can result in 750 fine and possible suspension or revcation of commission four fines listed at 750 1. negligent failure to discharge fully and faithfully any of the duties required by notary 2. charging more than the fees prescribed by law 3. failure to complete the ack at the time of notary's signature and seal are affixed to doc 4. failure to administger the oath or affirmation as required by law. what 2 violations incur prison charges 1. forgery 2. perjury Basic Requirements for becoming notary 6 1. Resident of California 2. At least 18 years old 3. Able to read, write, and understand English 4. Complete a Secretary of State-approved six-hour notary course 5. Pass the written state-administered notary public exam 6. Pass a background check To become appointed as a notary, all applicants must: 1. Complete a six-hour Secretary of State-approved six-hour notary course 2. Receive a proof of completion certificate how long does commission last 4 years Law requires Notary Public to file official $15,000.00 Surety Bond. what is purpose of bond Purpose of bond is to protect the public, not the notary 2. The bond provides a limited fund for paying claims against a notary public Required materials/supplies to be furnished by notary 1. Journal to record notary acts 2. Notary seal (purchased from approved seal manufacturer) what is the optional insurance a notary can get errors and ommissions insurance to cover notary to limits of insurance Non-Authorized Acts (notary must refer client to attorney) 1. It is against the law: To give legal advice unless the notary is a practicing attorney To assist anyone in preparing, selecting, or determining a legal document 2. If asked to perform these "unlawful practices of law," notary should decline and refer person to an attorney


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