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.
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
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
Which of the following is listed as a ground on which the Secretary of State may refuse to appoint, revoke, or suspend a notary's commission, relating to the application?
Based on: Gov. Code § 8214.1: Grounds for refusal, revocation, or suspension
A violation of subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d), is punishable by a civil penalty not to exceed what amount?
Based on: Gov. Code § 8214.15: Civil penalties for specific violations
Under Section 8214.2, a notary who knowingly and willfully, with intent to defraud, notarizes a forged or false deed of trust on a single-family residence of up to four dwelling units is guilty of what level of offense?
Based on: Gov. Code § 8214.2: Felony fraud on a deed of trust
Under Section 8214.21, what is the maximum civil penalty for a notary who willfully fails to provide access to the sequential journal when requested by a peace officer?
Based on: Gov. Code § 8214.21: Penalty for denying journal access
Under Section 8214.23, a notary who fails to obtain a thumbprint required by Section 8206 from a signer is subject to a civil penalty up to what amount?
Based on: Gov. Code § 8214.23: Penalty for failing to take a thumbprint
Under Section 8214.3, before the Secretary of State may revoke or suspend a commission or impose a civil penalty, what is the affected person generally entitled to?
Based on: Gov. Code § 8214.3: Right to a hearing
Under Section 8214.4, what effect does a notary's resignation or the expiration of the commission have on the Secretary of State's ability to investigate or pursue discipline for misconduct?
Based on: Gov. Code § 8214.4: Discipline after resignation or expiration
When the Secretary of State revokes a notary's commission, Section 8214.5 requires filing a copy of the revocation with which official?
Based on: Gov. Code § 8214.5: Filing a revocation with the county clerk
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).
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.
| Notarial service | Maximum 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 materials | No fee allowed |
| Veteran's application or claim for a pension or other benefit | No fee allowed |
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).
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.
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.
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.
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.
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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