California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is employed by a small business. Their supervisor asks them to notarize a document that the supervisor has already signed, but the supervisor is currently out of the office and cannot appear before the Notary. What should the Notary do?
- ACall the supervisor to confirm their signature and then notarize the document.
- BNotarize the document but make a note in the journal that the signer was not present.
- CNotarize the document as requested, as the supervisor is an employer.
- DRefuse to notarize the document until the supervisor personally appears before the Notary.
Show answer & explanationAnswer & explanation
Correct answer: D. Refuse to notarize the document until the supervisor personally appears before the Notary.
California law strictly requires the personal appearance of the signer before the Notary Public for any notarial act. An employer-employee relationship does not waive this requirement. The Notary must refuse to proceed until the supervisor is physically present.
Why the other options are wrong
- A. Confirming by phone is insufficient for establishing personal appearance and identity, which are mandatory for notarization.
- B. Making a note does not rectify the violation of the personal appearance requirement; it only documents a prohibited act.
- C. The employer-employee relationship does not exempt anyone from the personal appearance requirement. This would be a violation.
Personal Appearance Requirement
For any notarial act, the signer must personally appear before the Notary Public at the time of the notarization. This allows the Notary to verify identity and witness the signing or acknowledgment.
- Mandatory for all notarial acts.
- Ensures positive identification of the signer.
- Allows the Notary to observe the signer's willingness and awareness.
Memory trick: Presence is paramount for a proper notarization.