notary-handbook-2016

Recommendations

Info

20 general informationCommon Questions and AnswersQ. My neighbor of 20 years has asked me to notarize a document for her. Because Ihave known her all these years, do I still need to ask for proof of her identity?A. Yes. An acknowledgment may not be taken or a jurat executed on the basis of personalknowledge alone. Satisfactory evidence of the signer’s identity must be provided andnoted in the journal.Q. I am currently a commissioned notary public applying for reappointment withouta break in my commission. Am I still required to submit my fingerprints eachtime I reapply?A. Yes. All notary public applicants, whether or not they have held a previous commission,must submit fingerprints to the California Department of Justice for the purpose of abackground check. The Department of Justice will forward fingerprint images to theFederal Bureau of Investigation requesting a federal summary of criminal informationthat will be provided to the Secretary of State.Q. If a person was convicted of a DUI, petty theft, trespass, or other crimes, will thatperson be disqualified from becoming a notary public?A. The Secretary of State cannot make a determination as to whether or not a person meetsthe qualifications to become a notary public until a thorough background check has beencompleted. If you are concerned as to whether you may be disqualified from becominga notary public based upon past conviction information, please refer to the Secretaryof State’s Notary Public Disciplinary Guidelines, which also include a list of the mostcommon disqualifying convictions. The disciplinary guidelines are available on theSecretary of State’s website or can be mailed to you upon request.Q. I had a conviction over 25 years ago. Do I still need to disclose this conviction onmy application?A. Yes. There is no time limit for disclosure of convictions. If you have ever been convicted,including a conviction for a DUI, you must disclose the conviction on your application.Failure to disclose all conviction information on each application for an appointment orreappointment is grounds for denial.Q. How soon can I take the test for reappointment if I currently hold a notary publiccommission?A. To avoid a break in commission terms, you should take the exam at least six monthsprior to the expiration date of your current commission. Test results are valid for oneyear from the date of the examination. (Title 2, California Code of Regulations, section20803)Q. Will I be required to take an approved course of study each time I apply forreappointment?A. Yes. An applicant for notary public who holds a California notary public commissionand who has completed the initial six-hour course of study from an approved vendorwill be required to complete a three-hour refresher course of study from an approvedvendor prior to reappointment as a notary public for all subsequent terms. In order tomeet the requirement to take the three-hour refresher course, a person must apply forreappointment before the current commission expires. An applicant whose commissionexpires before application is made for a new commission must take an approved six-hourcourse, even if the applicant previously has completed an approved six-hour course.(Government Code section 8201(b)(2))
general informationQ. I have completed my approved six-hour course of study and received my proofof completion certificate. What do I do with it?A. Once you have completed your six-hour course of study from an approved vendor,staple your proof of completion certificate to the application and take both items withyou to the exam.Q. Can a six-hour notary public education course be taken in place of a three-hourrefresher course?A. Yes. A six-hour approved notary public education course satisfies the requirementfor a three-hour refresher course. A six-hour approved education course alwayssatisfies the education requirement, regardless if you are a new applicant or applyingfor reappointment.Q. What are the requirements for applicants to be eligible to take an approvedthree-hour refresher education course?A. A notary public who has previously completed an approved six-hour notary publiceducation course is eligible to take an approved three-hour refresher course if thenotary public has taken the notary public exam and submitted the application at theexam site prior to the expiration date of the current commission.Q. I applied for reappointment prior to the expiration date of my current notarypublic commission and took an approved three-hour notary public educationcourse, but I failed the notary public exam. What do I do now?A. If you can take the exam again prior to the expiration date of your current commission,the proof of completion certificate from the three-hour course would still be valid.Attach the proof of completion certificate to your application, along with a 2” x 2”color passport photo of yourself and a check for twenty dollars ($20) when you go tothe exam site. However, if your commission expires prior to retaking the exam, thethree-hour course no longer meets the education requirements and you will need totake an approved six-hour course. You will need to attach the proof of completioncertificate from the approved six-hour notary public education course to the application,along with a 2” x 2” color passport photo of yourself and a check for twentydollars ($20).Q. I did not file my oath and bond on time. What do I do?A. • If you are a new applicant and took an approved six-hour notary public educationcourse, you must attach a current proof of completion certificate to a newapplication, along with a 2” x 2” color passport photo of yourself and a check fortwenty dollars ($20). You will also need to have your fingerprints retaken at a LiveScan site.• If you are a notary public seeking reappointment and took an approved three-hournotary public refresher education course, you will still need to take an approvedsix-hour course. The three-hour course no longer meets the education requirementsbecause your current commission has expired. You will need to attach the proof ofcompletion certificate for the six-hour course to a new application, along with a2” x 2” color passport photo of yourself and a check for twenty dollars ($20).Youwill also need to have your fingerprints retaken at a Live Scan site.• If you are a notary public seeking reappointment and took an approved six-houreducation course, you must attach a current proof of completion certificate to anew application, along with a 2” x 2” color passport photo of yourself and a checkfor twenty dollars ($20). You will also need to have your fingerprints retaken at aLive Scan site.21
Page 1: NOTARY PUBLICHANDBOOKPublished byAl
Page 4 and 5: 2Correspondence should be addressed
Page 6 and 7: 4
Page 8 and 9: 6 general informationThe Secretary
Page 10 and 11: 8 general informationIdentification
Page 12 and 13: 10 general informationIf the sequen
Page 14 and 15: 12 general informationNote: An ackn
Page 16 and 17: 14 general informationor heard Paul
Page 18 and 19: 16 general informationNote: A notar
Page 20 and 21: 18 general informationThe disciplin
Page 24 and 25: 22 general informationQ. Where can
Page 26 and 27: 24government codeGOVERNMENT CODENot
Page 28 and 29: 26government code(d) A jurat execut
Page 30 and 31: 28government codestate, government,
Page 32 and 33: 30government code§ 8206.5. Notarie
Page 34 and 35: 32government code(b) In the case of
Page 36 and 37: 34government code(d) Failure to dis
Page 38 and 39: 36government codeof business is loc
Page 40 and 41: 38government code§ 8224.1. Writing
Page 42 and 43: 40government code(b) A certified co
Page 44 and 45: 42 civil codeCIVIL CODE§ 14. Words
Page 46 and 47: 44 civil codeA notary public or oth
Page 48 and 49: 46 code of civil procedure§ 1633.1
Page 50 and 51: 48 penal codenonacceptance or nonpa
Page 52: 50 business and professions code(2)

notary-handbook-2016

Create successful ePaper yourself

Delete template?

Save as template?