QUESTIONS AND ANSWERS RATED A+
✔✔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
✔✔what is an Acknowledgment - ✔✔When a person or issuing agency brings a notary
an executable document to notarize, this notarization is an acknowledgment.
✔✔what is an Executable document - ✔✔A document where the document records a
transaction or something that needs to be
carried through.
Examples of Executable Documents
1. Contract
2. Power of attorney
3. Health care directive
4. Mortgage agreement
5. Deed
✔✔penalty for willfully ack false info - ✔✔A certificate of acknowledgment must be
executed under penalty of perjury. A notary who willfully includes false information on
an acknowledgment can be
subject to a civil penalty of up to $10,000.00.
✔✔what is an Affidavit - ✔✔A written statement made voluntarily, sworn to be true
before an authorized official such
as a notary.
Example: "I hereby certify under penalty of perjury that I am acting on my own behalf
and that the forgoing statement(s) are true and correct to the best of my knowledge and
belief
✔✔Examples of Affidavits - ✔✔1. Statement of a witness who may not be able to
appear in court
2. Private school affidavit: parents who desire to home-school their child must file this
affidavit claming that their school complies with the California Education Code
3. Income affidavits: person states his/her income as they have no other documentation
4. Domestic partnership
5. Biographical affidavits, which someone might submit to an insurance company
, ✔✔Special Identification Circumstances for jurat - what is required if affidavit is
identifying birthdate or age - ✔✔If an affidavit contains specific information identifying
the signer (for example; birth date
or age), photograph, or finger/thumbprint, appropriate documentation is required, such
as certified birth certificate, DMV license or ID card.
✔✔what is Power of Attorney - ✔✔A legal document giving one person (called an
"agent" or "attorney in fact") the power to
act for another person (the "principal"). The agent can have broad or limited authority to
make legal decisions about the principal's property and finance.
1. The power of attorney is used in the event of a principal's illness or disability, or
when the principal can't be present to sign necessary legal documents for
financial transactions
2. A copy of a Power of Attorney may be used if it is "certified."
Once certified, a copy has same force and effect as the original
3. A Power of Attorney is the only copy a California notary can certify, besides his/her
own journal entry
✔✔Steps for Certifying Powers of Attorney 4 - ✔✔1. You must examine the original
power of attorney and either make a copy of it
yourself or thoroughly examine the copy or copies presented to you
2. Once you determine the copy is identical to the original, you may fill out the
certificate
3. Principal signer need not be present when certifying the copy of the Power of
Attorney
4. It is not required to check the document presenter's identification, but you may
want to do this as a precaution
✔✔what is a Protest - ✔✔A formal certificate attesting to the fact that a check, note, or
bill of exchange has been
presented for acceptance of payment, and that it has been refused.
1. This is not a common notarization and it can be very complex
2. It is strongly recommended notarization only be done only under an attorney's
direction
3. A Certificate of Protest contains the following information:
Time and place of presentment
Fact that presentation was made and manner thereof
Cause or reason for protesting the bill
Demand made and answer given, if any
Fact that acceptor or drawee could not be found
✔✔Six guidelines to follow at time of notarization - ✔✔Following these guidelines will
safeguard you against any repercussions for an
incomplete or faulty notarization:
1. Make sure signer appears in person at time of notarization (you must both be in
same place at same time)