Notary Introduction

Question 1

What is a Notary?

Answer 1

• Public servant
• Impartial witness
• Third party (= a principal) to a document (not directly involved)

Question 2

CAN’T notarize when…

Answer 2

• Your name is in the document
• You are signing the document
• You have a direct beneficial or financial interest

Question 3

Employees Notarizing For Their Employer(s)

Answer 3

• You may notarize documents for your employer
• If you have indirect beneficial interest (unless document gives you a direct raise)

Question 4

Notarizing for Family

Answer 4

• Use caution
• Remember Community Property Law (Spouses)

Question 5

What Does a Notary Do?

Answer 5

• Just 4 things:
  
  • Personally appear
  • Check person’s ID
  • Put person in Notary Journal
  • Follow the Notary Procedure

Question 6

The Notary Procedure

Answer 6

• Acknowledgements
• Jurat

Question 7

NOTARY PROCEDURE - Acknowledgement

Answer 7

• Do you ACKNOWLEDGE that this is your signature and UOU SIGNED IT VOLUNTARILY?
• Person may sign beforehand = just do 4 steps

Question 8

NOTARY PROCEDURE - Jurat

Answer 8

• Put the person under oath
• When person under oath, you say, “DO YOU SWEAR OR AFFIRM THAT DOCUMENT IS TRUE?”
• Once person is under oath, they must sign in front of you
• A notary power

Question 9

Affiant

Answer 9

• A person who is signing a document under oath

Question 10

Difference Between Jurat and Acknowledgment

Answer 10

• The word God separates the two (with the word God = jurat; without the word God -= acknowledgement)

Question 11

The Notary Powers

Answer 11

• First defense against fraud
• Trusted/licensed by the Secretary of State
• Not everyone can be a notary
• Notaries make great money
• Only responsible for 4 things (appear, check ID, journal, acknoweldge/swear)
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Question 12

California Notary Jurisdiction Power

Answer 12

• Anywhere in the State of CA
• Document can be from anywhere and in any language

Question 13

Notarizing Documents in Foreign Languages

Answer 13

• Direct communication needs to occur between signer and notary
• No interpreters
• If person is deaf, you can use notes back and forth

Question 14

NOTARY POWERS - Confirming Identity

Answer 14

• One of most important notary powers
• Easy to do but important
• Notaries not responsible for fake IDs
• Notary confirming ID is much more important than a regular person confirming an ID

Question 15

Becoming a Notary

Answer 15

• 18 years old
• Legal resident
• 4 steps:
  • Class
  • Test
  • Fingerprints
  • ## Oath

Question 16

The Notary Class

Answer 16

• CA State approved
• Take at your own pace
• New notaries & re-commissioning notary classes (6 months before comm. expires)
• Proof of completion = valid for 2 years (print automatically & take it to test)

Question 17

The Notary Test

Answer 17

• In-person by CPS (Cooperative Personal Services)
• https://www.cpshr.us/notary/
• 45 questions
• 60 minutes
• Pass with 70% or better score

Question 18

Live Scan Fingerprints

Answer 18

• Background check
• • Live Scan Class
    
    • No test
    • Shorter class
    • Good for life
    • All you need is a laptop
• Your fingerprints are sent to the DOJ & the FBI
• Background check is sent to Secretary of State from DOJ/FBI

Question 19

The Notary Packet

Answer 19

• Doesn’t say anything about Notary on it
• It just says, “REGISTER TO VOTE” (don’t throw it away)
• Official Notary packet
• Contains Notary Commission
  - Has start/commencement date but that’s not official

Question 20

The Notary Oath

Answer 20

• County Clerk’s Office
  - Whatever County where 51% or more of your business occurs is where you do oath
• “Do you swear to uphold all the duties of a notary public?”
  - Once you say, “Yes” you officially become a Notary Public

Question 21

Path to Notary Commission

Answer 21

• Class
• Fingerprints
• Test
• Oath