|
Table of Contents
Home Page
|
PART 1
Section 2
Renewing Your Commission
Taking a three-hour refresher course (such as this course) will be
required for each subsequent time you wish you renew.
It is recommended that you begin the renewal process six months
prior to the expiration of your current commission.
In order to qualify to become a Notary Public in California, you
must:
-
be a resident of the State of California
-
be at least 18 years of age
-
complete a six hour Notary training course
-
pass a written examination prescribed by the Secretary of State
-
be able to read, write and understand English
-
pass a background check.
Government Code § 8201
The necessary information to be appointed as a Notary Public can be
obtained from CPS Testing Services
notary.cps.ca.gov, or phone (916) 263-3520. If you call, leave
your name and address on their message machine, and you will receive
an application, instructions, a handbook, and registration
information of when and where to take the test.
Fill out your application ahead of time, but do not date and sign it
until the day before or the day of your test. The information
required of you on your application:
-
Social Security Number
-
Date of birth
-
Driver’s license number
-
Full name
-
Principal place of business and occupation
-
Telephone number
-
Business and mailing addresses
-
Residence address
-
Whether you are a U.S. citizen
-
Whether you are a legal resident of California
-
Any other names you have used in the past
-
Whether you have been held liable by a court in any suit based
on fraud or misrepresentation, failure to discharge the duties
of a notary or violation of state regulatory law
-
Whether you have ever been denied a professional license or
whether that license had ever been revoked, restricted or
suspended, or whether you resigned that license due to
unfavorable circumstances
-
Whether you have ever been convicted by any court of a felony or
misdemeanor (list all convictions), or if you have been
arrested for an offense for which a trial is pending. The
Secretary of State may deny your application for failing to
disclose any felony or misdemeanor convictions.
You must also submit a 2” x 2” color photograph (passport photo) of
yourself to the Secretary of State with your application.
Government Code
§
8201.5
You may use a commercial mail receiving agency or post office box as
your “mailing address”, but you must also provide a physical address
as your residence.
Government Code
§
8213.5
With the exception of your name and address, all information
provided on the application form is kept confidential.
Government Code § 8201.5
Bring with you your identification, a check made payable to the
Secretary of State for $40 ($20 if you are re-taking the test after
having failed), your completed application, a 2” x 2” color
photograph of yourself (passport photo), your Proof of Completion
certificate from this course, and two sharpened black lead No. 2
pencils. If you do not check in at least 15 minutes before the
scheduled time, your seat may be given to a stand-by applicant. The
test consists of 30 multiple-choice questions, and you are given 50
minutes to complete the exam. You must achieve a score of 70% or
higher to pass.
You may not communicate in any way with other applicants during the
exam, and you must not disclose any information from the exam to
anyone. Doing so could result in your application being permanently
denied or your commission permanently revoked, and you could be
required to pay civil penalties of up to $1500.
Examination result letters are sent out ten business days after the
examination date. Exam results are valid for one year from the date
of the examination.
The Secretary of State has the duty to screen notary applicants, and
may deny your application for a number of reasons, for
example:
-
If there is a substantial and
material misstatement or omission in the application submitted
to the Secretary of State to become a notary public.
-
If you have been convicted of a
felony, or a lesser offense involving moral turpitude (any act
which is dishonest or harms another in any way, including
physically and/or financially), or a lesser offense of a nature
incompatible with the duties of a notary public (any act which
is dishonest, fraudulent, or negligent). A conviction after a
plea of nolo contendere is deemed to be a conviction within the
meaning of this subdivision.
-
If you have had a professional
license revoked, suspended, restricted, or denied, if the
revocation, suspension, restriction, or denial was for
misconduct based on dishonesty, or for any cause substantially
relating to the duties or responsibilities of a notary public
(neglecting to properly identify a signer, neglecting to
administer an oath when required, notarizing a document when the
signer is not before you, etc.).
-
If you have failed to discharge
fully and faithfully any of the duties or responsibilities
required of a notary public.
-
If you have been found liable for
damages in any suit grounded in fraud, misrepresentation, or for
a violation of the state regulatory laws, or in any suit based
upon a failure to discharge fully and faithfully the duties as a
notary public.
-
If you have used false or
misleading advertising wherein you have represented that you
have duties, rights, or privileges that you do not possess by
law.
-
If you have charged more for a
notarial act than the fees prescribed by law.
-
If you were involved in the
commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or
another, or substantially injure another.
-
If you failed to complete the
acknowledgment at the time your signature and seal are affixed
to the document.
-
If you executed any certificate
as a notary public containing a statement known to you, as a
notary public, to be false.
Government Code § 6203(a).
-
If you advertised yourself as a
notary public while holding yourself out as being an immigration
specialist, immigration consultant or any other title or
description reflecting an expertise in immigration matters..
-
If you failed to submit any
remittance payable upon demand by the Secretary of State under
this chapter or failure to satisfy any court-ordered money
judgment, including restitution.
-
If you failed to secure the
sequential journal of official notarial acts or the official
seal, or willfully failed to report the theft or loss of the
sequential journal.
-
If you violated
Government
Code § 8219.5 which states that if you are a non-attorney
notary and you advertise your notarial services for immigration
documents in any language other than English, you must state in
your advertising that you are not an attorney and you cannot
give legal advice, and you must disclose the fees a notary may
charge, and you may not advertise yourself as a “notario publico”,
nor may you use the term “notario publico” when referring to
your position as a notary public at any time.
-
If you have willfully, with
intent to defraud, performed any notarial act in relation to a
deed of trust on real property knowing that the deed of trust
contains any false statements or is forged.
-
If you have ever solicited,
coerced, or in any manner influenced a notary public to perform
an improper notarial act, knowing that the act was improper.
-
If you have ever filed,
registered, or recorded (or attempted to file, register or
record) in any public office in California a document that you
knew to be false.
-
If you have ever knowingly, and
with intent to defraud, forged the name of another person on any
instrument.
-
If you have ever committed grand
theft pursuant to
Penal Code § 487.
-
If you have ever procured and
used another person’s identification for any unlawful purpose
pursuant to Penal Code § 530.5.
-
If you willfully failed to
provide access to the sequential journal of official acts upon
request by a peace officer.
Government Code §8214.15
If your application is denied, you will be notified by the Secretary
of State in writing with the reason for denial. You may then, if
you wish, appeal the decision and request an administrative hearing.
Government Code §8214.3
Unless you have been “permanently disqualified” as a notary public
applicant, after one year from the date of the denial, the Secretary
of State may reconsider you upon receipt of a new application.
Next Page ►►►
|
|
