Commission, qualifications and education

Study notes · 56 practice questions · 34 in the mock pool

Getting appointed

• The five requirements of Government Code 8201: California residency, 18 or older, the approved course, the written examination, and the background check.
• There is no citizenship requirement and no educational attainment requirement — the 'course of study' means the approved notary course.
• Fingerprinting through Live Scan, and why the Secretary of State subscribes to subsequent arrest notification.
• Disclosure of convictions has no time limit and includes convictions dismissed under Penal Code 1203.4. Failing to disclose is itself a ground for denial.
• Grounds for denying an application, and how a denial is appealed.

Education

• Six hours of approved study before a first commission, for everyone, however many commissions have been held before.
• The three-hour refresher substitutes only for a current commission holder who applies before the commission expires.
• Once a commission lapses, the full six hours are required again.

Oath, bond and the 30-day trap

• The oath of office and a $15,000 surety bond are filed with the county clerk of the principal place of business.
• Thirty calendar days from the start of the term, with no exception for mail or processing delays. Miss it and the commission is void.
• The bond is not insurance for the notary: it is a limited fund for claims, and the bonding company can be reimbursed.
• When the commission takes effect, and the four-year term.

Where and for whom you may act

• Statewide jurisdiction, and what the venue heading on a certificate actually names.
• A notary who is not an attorney may not practise law, and what a referral to an attorney may and may not include.
• Notarizing for relatives, and the bar on acting where there is a direct financial or beneficial interest.