California Notary Public ExamJournal RequirementsEasy
A California Notary Public is presented with a document requiring an acknowledgment. The signer refuses to provide a thumbprint. What is the Notary Public's appropriate action?
- ARefuse the notarization because a thumbprint is mandatory for all acknowledgments.
- BProceed with the notarization and make a note in the journal that the signer refused to provide a thumbprint.
- CRequire the signer to obtain a witness to sign the journal in lieu of a thumbprint.
- DInform the signer that they must return with a different form of identification that allows for a thumbprint.
Show answer & explanationAnswer & explanation
Correct answer: B. Proceed with the notarization and make a note in the journal that the signer refused to provide a thumbprint.
For an acknowledgment, if the signer refuses to provide a thumbprint, the Notary Public must still proceed with the notarization and record the refusal in their journal. A thumbprint is only mandatory for deeds, quitclaim deeds, and deeds of trust affecting real property.
Why the other options are wrong
- A. Thumbprints are not mandatory for all acknowledgments, only specific real property documents.
- C. There is no provision in California notary law for a witness to sign the journal in place of a thumbprint.
- D. The type of identification does not affect the thumbprint requirement or refusal; the Notary must proceed.
Thumbprint Refusal (Acknowledgment)
If a signer for an acknowledgment (not involving real property deeds) refuses to provide a thumbprint, the Notary Public must still perform the notarization and document the refusal in the journal.
- Thumbprint is required for deeds, quitclaim deeds, and deeds of trust.
- For other acknowledgments, refusal to provide a thumbprint does not prevent notarization.
- Refusal must be noted in the journal entry.
Memory trick: Thumbprints are a 'must' for property, but 'maybe' for others, just note the 'no'.