California Notary Public ExamNotary Public Duties and AuthorityEasy
A Notary Public is asked to notarize a document for a long-time friend. The friend is very busy and asks the Notary to notarize the document based on a photocopy of their driver's license and a phone call confirming their identity, stating they will bring the original document and sign it later. How should the Notary proceed?
- ADecline to notarize the document, as the signer must personally appear before the Notary.
- BNotarize the document but make a note in the journal about the unusual circumstances.
- CNotarize the document if the friend promises to appear in person within 24 hours.
- DProceed with the notarization based on the trusted relationship and confirmed identity via phone.
Show answer & explanationAnswer & explanation
Correct answer: A. Decline to notarize the document, as the signer must personally appear before the Notary.
A fundamental requirement for all notarizations in California is the personal appearance of the signer before the Notary Public. This allows the Notary to verify the signer's identity and witness the signature.
Why the other options are wrong
- B. Notarizing without personal appearance is a serious violation, regardless of journal notes.
- C. A promise to appear later does not fulfill the requirement of personal appearance at the time of notarization.
- D. Personal appearance is a mandatory requirement; a trusted relationship does not waive this.
Personal Appearance Requirement
For every notarization, the signer must personally appear before the Notary Public at the time of the notarization.
- Allows the Notary to verify identity and witness the signature.
- Cannot be waived for any reason, including trusted relationships.
- Failure to comply is a serious violation.
Memory trick: Appear in person, verify with grace, then seal the space.