California Notary Public ExamNotary Public Duties and AuthorityEasy
A Notary Public is employed by a private company and is asked by their supervisor to notarize a document for a long-standing client of the company. The client is not physically present, but the supervisor assures the Notary that the client signed the document and has provided a copy of their driver's license. The supervisor insists the notarization needs to be completed urgently. What is the Notary's obligation?
- ARefuse to notarize the document because the signer is not physically present.
- BNotarize the document as instructed by the supervisor, noting the circumstances in the journal.
- CPerform a jurat, as it does not require the signer to be present for the actual signing.
- DCall the client to confirm their signature and willingness, then notarize.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to notarize the document because the signer is not physically present.
California law unequivocally requires the signer to be physically present before the Notary Public for all notarial acts. A supervisor's instruction or urgency does not override this fundamental requirement.
Why the other options are wrong
- B. Notarizing without the signer's presence is a serious violation, regardless of journal notes or supervisor instructions.
- C. Both acknowledgments and jurats require the signer's physical presence before the Notary.
- D. A phone call is not a substitute for physical presence and cannot establish identity or willingness as required.
Mandatory Physical Presence
The signer of a document must be physically present before the Notary Public at the time of the notarial act, allowing the Notary to verify identity and observe willingness.
- Required for all notarial acts (acknowledgments, jurats, etc.).
- No exceptions for convenience, urgency, or trusted third parties.
- Failure to comply can lead to severe penalties for the Notary.
Memory trick: Present and Accounted For, Always.