California Notary Exam · Misconduct

California Notary Exam Practice Questions: Fees, Misconduct and Penalties (2026)

California caps notary fees at $15 for most acts and gives the Secretary of State broad power to refuse, revoke or suspend a commission under Government Code § 8214.1. The maximum fee for an acknowledgment is $15 for each signature taken, and $15 for an oath or affirmation with a jurat, under § 8211, while voting materials and veterans' benefit paperwork must be notarized free. Misconduct carries layered consequences: civil penalties of up to $1,500 under § 8214.15, misdemeanors for journal and seal failures under § 8228.1, and a felony for fraud on a deed of trust under § 8214.2. This is the heaviest-weighted topic on the exam.

Practice

Free practice questions

Misconduct

Under California's notary fee schedule, what is the maximum a notary may charge for taking an acknowledgment or proof of an instrument, including the seal and the writing of the certificate, for each signature?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

What is the most a California notary may charge for administering an oath or affirmation to one person and executing the jurat, including the seal?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

The notary fee statute states that fees charged for the listed services have what relationship to the amounts it prescribes?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

For all services rendered in connection with taking a deposition, what is the base maximum fee a California notary may charge, before any additional charges?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

In connection with taking a deposition, what additional amount may a notary charge for administering the oath to the witness?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

How does the California fee statute treat notarizing signatures on vote by mail ballot identification envelopes or other voting materials?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

What is the maximum fee a California notary may charge for certifying a copy of a power of attorney under Section 4307 of the Probate Code?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

Regarding notarization of a United States military veteran's application or claim for a pension, allotment, allowance, compensation, insurance, or other veteran's benefit, what does the fee statute require?

Based on: Gov. Code § 8211: Maximum fees a notary may charge

Misconduct

When a notary public commits official misconduct or neglect, who, besides the notary, can be held liable in a civil action for the resulting damages?

Based on: Gov. Code § 8214: Civil liability for misconduct

Misconduct

For a notary's official misconduct or neglect, the extent of civil liability to persons injured is described how?

Based on: Gov. Code § 8214: Civil liability for misconduct

The fee schedule is a ceiling, not a menu

Government Code § 8211 opens by stating that fees for the listed services shall not exceed the amounts prescribed, which makes every figure a maximum, not a fixed or minimum charge. The core numbers: fifteen dollars ($15) for each signature taken on an acknowledgment or proof, a sum that already includes the seal and the writing of the certificate, so three signatures allow at most $45; fifteen dollars ($15) for administering an oath or affirmation to one person and executing the jurat, including the seal; and, for a deposition, thirty dollars ($30) for all services rendered, plus seven dollars ($7) for administering the oath to the witness and seven dollars ($7) for the certificate, a maximum of $44 in total. Certifying a copy of a power of attorney under Probate Code § 4307 is capped at $15. Two acts are free by law: no fee may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials, and, in accordance with § 6107, no fee may be charged to a United States military veteran for notarization of an application or claim for a pension, allotment, allowance, compensation, insurance or other veteran's benefit. Charging more than the prescribed fees is itself a ground for discipline under § 8214.1(h), and sits in the $750 civil-penalty tier of § 8214.15(b).

Conflicts, discipline and criminal liability

A notary with a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with it, under Government Code § 8224: for real property that means being named individually as grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor or lessee, while acting merely as an agent, employee, insurer, attorney, escrow or lender for an interested person does not count. Section 8224.1 closes the loop: a notary may not take the acknowledgment or proof of instruments the notary executed, nor have their own depositions or affidavits taken by themselves. The discipline catalogue in § 8214.1 runs from a substantial and material misstatement in the application, through conviction of a felony or an offense involving moral turpitude (a nolo contendere plea counts as a conviction), to overcharging, failing to complete the acknowledgment when signing and sealing, executing a certificate known to contain a false statement, failing to secure the journal or seal, and willfully refusing a peace officer access to the journal. Before most action the notary has a right to a hearing under § 8214.3, conducted under the Administrative Procedure Act. The money side is tiered by § 8214.15: up to $1,500 for a known-false certificate or a willful failure of duty, and up to $750 for overcharging, incomplete acknowledgments, omitted oaths or a negligent failure of duty, with denying journal access and skipping a required thumbprint each drawing up to $2,500 under §§ 8214.21 and 8214.23. Criminal law sits on top: destroying or concealing notarial records is a misdemeanor under § 8221, willful journal or seal failures are misdemeanors under § 8228.1, impersonating a notary is a misdemeanor under § 8227.1 and becomes a felony under § 8227.3 when it touches documents affecting title to a single-family residence of not more than four units, and a notary who knowingly and willfully, with intent to defraud, issues a false acknowledgment on a deed of trust on such a residence is guilty of a felony under § 8214.2. Injured parties can also sue: § 8214 makes the notary and the bond sureties liable in a civil action for all the damages sustained.

Maximum California notary fees (Gov. Code § 8211)
Notarial serviceMaximum fee
Acknowledgment or proof, per signature (seal and certificate included)$15
Oath or affirmation for one person with jurat (seal included)$15
All services in connection with taking a deposition$30
Administering the oath to the deposition witness$7, in addition
Certificate to the deposition$7, in addition
Certifying a copy of a power of attorney (Prob. Code § 4307)$15
Vote by mail ballot envelopes and other voting materialsNo fee allowed
Veteran's application or claim for a pension or other benefitNo fee allowed
FAQ

Frequently asked questions

How much can a California notary charge?

Government Code § 8211 caps California notary fees at $15 for each signature taken on an acknowledgment or proof, including the seal and certificate, and $15 for an oath or affirmation with a jurat. Deposition services allow $30 plus $7 for the oath and $7 for the certificate. The figures are maximums: charging more is a ground for discipline under § 8214.1(h) and carries a civil penalty of up to $750 under § 8214.15(b).

Can a California notary notarize their own documents or a deal they benefit from?

No. Government Code § 8224.1 bars a notary from taking the acknowledgment or proof of instruments executed by the notary, and from taking their own depositions or affidavits. Section 8224 bars any notarial act where the notary has a direct financial or beneficial interest, such as being named individually as a principal, grantor, grantee, trustor, trustee or beneficiary; acting only as an agent, employee, escrow or lender for an interested person is not a direct interest.

What can get a California notary commission suspended or revoked?

Government Code § 8214.1 lists the grounds: a substantial and material misstatement or omission in the application, conviction of a felony or an offense involving moral turpitude (a nolo contendere plea counts), failure to discharge the duties of the office, false or misleading advertising, the unauthorized practice of law, overcharging, executing a certificate containing a statement known to be false, failing to secure the journal or seal, and willfully refusing a peace officer access to the journal, among others.

What civil penalties can the California Secretary of State impose on a notary?

Under Government Code § 8214.15, up to $1,500 for executing a certificate containing a known false statement or a willful failure to discharge duties, and up to $750 for overcharging, failing to complete the acknowledgment at signing, omitting a required oath, or a negligent failure of duty. Separately, § 8214.21 sets up to $2,500 for willfully denying a peace officer access to the journal, and § 8214.23 up to $2,500 for failing to obtain a required thumbprint.

When is California notary misconduct a crime rather than a disciplinary matter?

Several statutes make it criminal. Willfully failing to keep the seal or journal secure, or surrendering the seal to an unauthorized person, is a misdemeanor under Government Code § 8228.1; knowingly destroying or concealing notarial records is a misdemeanor under § 8221; impersonating a notary is a misdemeanor under § 8227.1 and a felony under § 8227.3 for documents affecting a single-family residence of up to four units; and a false acknowledgment on a deed of trust with intent to defraud is a felony under § 8214.2.

Does a California notary get a hearing before losing the commission?

Usually, yes. Government Code § 8214.3 gives the person affected a right to a hearing before the Secretary of State refuses, revokes or suspends a commission, conducted under Chapter 5 (commencing with Section 11500) of the Administrative Procedure Act. No hearing is required where the Secretary denied or revoked the applicant's application or commission within the previous year, or where an order under § 8214.4 already found grounds after the commission ended.

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