California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is approached by a client who requires a document to be notarized immediately, but the Notary's journal is at home. The client offers to sign an affidavit stating they personally appeared and were identified. What is the Notary's correct course of action?
- ADecline to notarize the document until the Notary's journal is available.
- BNotarize the document if the client is a long-standing acquaintance.
- CNotarize the document, and make a journal entry as soon as the Notary returns home.
- DNotarize the document and have the client sign the affidavit as a temporary record.
Show answer & explanationAnswer & explanation
Correct answer: A. Decline to notarize the document until the Notary's journal is available.
California law requires a Notary Public to make a complete journal entry for every official act performed at the time the act is performed. Notarizing a document without immediately recording it in the journal is a violation of this duty.
Why the other options are wrong
- B. Acquaintance status does not waive the mandatory journal requirement.
- C. Journal entries must be made concurrently; delayed entry is non-compliant.
- D. An affidavit is not a substitute for the official Notary journal entry.
Mandatory Journal Entry
A California Notary Public must maintain a sequential journal of all official acts, with an entry made at the time each act is performed.
- Every notarization requires a detailed journal entry.
- Entry must be made concurrently with the notarial act.
- Journal is state property and must be secured.
Memory trick: Journal always near, for every act clear, banishing all fear.