California Notary Public ExamAcknowledgments and Proofs of ExecutionEasy
A Notary Public receives a document for an acknowledgment via mail. The sender requests the Notary to complete the acknowledgment certificate and mail the document back. The Notary recognizes the sender's signature from previous in-person notarizations. What is the Notary's appropriate action?
- ARefuse to perform the notarization because the signer is not physically present.
- BCall the sender and verify their intent to sign over the phone before proceeding.
- CComplete the acknowledgment certificate and mail the document back, as the signature is recognized.
- DComplete the certificate, but make a note in the journal that the notarization was done by mail.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to perform the notarization because the signer is not physically present.
A California Notary Public must always require the signer to personally appear before them for an acknowledgment. Notarizing a document received by mail, even if the signature is recognized, is strictly prohibited.
Why the other options are wrong
- B. Phone verification is not a substitute for personal appearance and proper identification.
- C. This is incorrect and illegal; personal appearance is mandatory for an acknowledgment.
- D. Making a note in the journal does not legitimize an act performed without personal appearance; it would be an admission of an illegal act.
Personal Appearance Requirement
For an acknowledgment, the signer must physically appear before the Notary Public at the time of the notarization. This is a mandatory requirement in California.
- Mandatory for all notarial acts.
- Signer must be physically present.
- No exceptions for mail, fax, or remote.
Memory trick: Personal appearance is the golden rule; no signer, no notarization, don't be a fool!