California Notary Public Examination Study Guide
To become a commissioned Notary Public in the State of California, candidates must pass a written examination administered by CPS HR Consulting under authority from the California Secretary of State. The test consists of 45 multiple-choice questions designed to evaluate knowledge of California notary law, duties, journal requirements, identification procedures, and fee schedules.
Module 1: Commission Qualifications & Requirements
- Age & Residency: Applicants must be a legal resident of California and at least 18 years of age.
- Education: First-time applicants must complete a state-approved 6-hour course of study. Reappointed notaries who have completed a 6-hour course previously may take an approved 3-hour refresher course.
- Background Check: Applicants must submit fingerprints via Live Scan for state (DOJ) and federal (FBI) criminal background checks.
- Oath & Bond: Upon receiving the commission packet, a notary has 30 calendar days from the commission start date to file an official oath of office and a $15,000 surety bond with the County Clerk in the county where the principal place of business is located.
- Change of Address or Name: Notaries must notify the Secretary of State in writing via certified mail within 30 days of any change in business or residence address.
Module 2: Primary Notarial Acts
California law authorizes Notaries Public to perform specific official acts. The two most common acts are Acknowledgments and Jurats:
| Notarial Act | Purpose | Signature Timing Requirement | Oath/Affirmation Required? |
|---|---|---|---|
| Acknowledgment | Verifies that the signer personally appeared and acknowledged signing the document voluntarily. | Document may be signed before or during the notarization. | No oath required. |
| Jurat | Certifies that the signer swore or affirmed the truthfulness of the statements in the document. | Must be signed in the presence of the notary. | Yes (Oath or Affirmation required). |
| Proof of Execution | Allows a Subscribing Witness to prove execution of a document when the principal signer cannot appear. | Subscribing witness must sign in front of notary. | Yes, subscribing witness takes oath. |
Module 3: Satisfactory Evidence of Identity
California Notaries must establish the identity of signers using satisfactory evidence. Effective 2008, "Personal Knowledge" is no longer valid proof of identity in California. Satisfactory evidence consists of:
-
Approved Identification Documents: Must be current or issued within the last 5 years and contain a photo, physical description, signature, and serial number:
- California Driver's License or ID Card
- U.S. Passport or Passport Card
- Foreign Passport stamped by U.S. Citizenship and Immigration Services (USCIS)
- Driver's License issued by another U.S. state, Canadian/Mexican driver's license
- U.S. Military Identification Card
- Employee ID Card issued by an agency or office of the State of California or a CA city/county
- One Credible Witness: A person personally known to the Notary Public who establishes identity under oath and presents valid ID.
- Two Credible Witnesses: Two individuals who do NOT know the notary personally, but who establish identity under oath and present valid ID documents to the notary.
Module 4: Maximum Fee Schedule (California Gov Code § 8211)
Notaries may charge fees up to the maximum allowable statutory amounts set by California law:
| Service / Notarial Act | Maximum Allowed Statutory Fee |
|---|---|
| Acknowledgment & Certificate | $15.00 per signature acknowledged |
| Jurat & Administering Oath | $15.00 per signature swore/affirmed |
| Deposition (Taking & Recording) | $30.00 (plus $7 for administering oath, $7 for certificate) |
| Certified Copy of Power of Attorney | $15.00 per copy certified |
| Journal Copy Request from Public | $0.30 per line item / page |
Module 5: Official Journal & Thumbprint Requirements
A California Notary Public must maintain ONE active sequential journal of all notarial acts. The journal is the exclusive property of the notary and must be kept in a secure, locked location.
- Required Entries: Date, time, type of act, document title/date, signature of signer, ID details, fee charged.
- Mandatory Right Thumbprint: Required in the journal for any Deed, Quitclaim Deed, Deed of Trust, Power of Attorney, or Real Property Document.
- Thumbprint Exceptions: Trustee's deeds resulting from foreclosure and deeds of reconveyance do NOT require a thumbprint.
- Journal Custody & Surrender: Upon resignation or expiration of commission without reappointment, the journal must be delivered to the County Clerk within 30 days. If requested by a peace officer investigating a crime, the notary must surrender the journal immediately and obtain a receipt.
Module 6: Civil Penalties & Fines Summary
| Penalty Amount | Violation / Statutory Offense |
|---|---|
| Up to $750 | Charging more than maximum statutory fee; negligent failure to perform duty; failing to record required journal entries. |
| Up to $1,500 | Acting as a notary while suspended; advertising as "Notario Publico"; false or misleading advertising. |
| Up to $2,500 | Willful failure to obtain required thumbprint in journal; failure to surrender journal to peace officer. |
| Up to $10,000 | Willfully stating a material fact known to be false on an Acknowledgment certificate (Perjury/Fraud). |
Frequently Asked Questions (FAQ)
Q1: Can a California Notary Public perform remote online notarization (RON)?
Currently, standard California notary laws require physical personal appearance before the notary. California passed legislation (SB 696) introducing remote online notarization frameworks scheduled to take effect in future phases, but signers must follow strict Secretary of State guidelines and state-approved platforms.
Q2: Can a notary notarize a document in a foreign language?
Yes. A California Notary Public can notarize a document written in a foreign language, provided the Notary can communicate directly with the signer and the notarial certificate itself is written in English.
Q3: What should a notary do if a document has blank spaces?
A California Notary MUST refuse to notarize any document that is incomplete or contains uncompleted blank spaces that should contain text.
Q4: Can a notary solemnize a marriage ceremony in California?
No. California law does not give Notaries Public the authority to perform marriage ceremonies unless they are separately ordained or authorized under California Family Code.