A notary public's duty to demand acceptance and payment of bills of exchange and promissory notes, and to protest them for nonacceptance and nonpayment, applies to which notaries?
Based on: Gov. Code § 8205: Duties and powers of a notary
California Notary Exam · Acts
California Notary Exam Practice Questions: Notarial Acts, Journal and Seal (2026)
A California notary may take acknowledgments and proofs of instruments such as powers of attorney, mortgages, deeds, grants and transfers, administer oaths and affirmations, execute jurats and certify copies of powers of attorney, all under Government Code § 8205. Every act must be recorded in one active sequential journal under § 8206 and authenticated with the official seal under § 8207. The certificate wording is fixed by statute: Civil Code § 1189 for acknowledgments and Government Code § 8202 for jurats, each with a boxed notice at the top stating that the officer verifies only the identity of the signer.
Practice
Free practice questions
When a notary takes an acknowledgment or proof of an instrument and issues a certificate, how must that certificate be signed?
Based on: Gov. Code § 8205: Duties and powers of a notary
May a notary public take an acknowledgment or proof of an instrument that is missing required information or otherwise not finished?
Based on: Gov. Code § 8205: Duties and powers of a notary
Among the listed instruments a notary may take the acknowledgment or proof of under Section 8205, which is specifically included?
Based on: Gov. Code § 8205: Duties and powers of a notary
When a notary takes a deposition or affidavit, or administers an oath or affirmation, how must the resulting document be signed?
Based on: Gov. Code § 8205: Duties and powers of a notary
A notary may take depositions and affidavits and administer oaths and affirmations in which matters?
Based on: Gov. Code § 8205: Duties and powers of a notary
Under Section 8205, a notary may certify copies of which type of document, pursuant to Section 4307 of the Probate Code?
Based on: Gov. Code § 8205: Duties and powers of a notary
When a notary certifies a copy of a power of attorney under Probate Code Section 4307, how must the certification be signed?
Based on: Gov. Code § 8205: Duties and powers of a notary
Upon written request, to whom must a notary public furnish certified copies of the notary's journal?
Based on: Gov. Code § 8205: Duties and powers of a notary
Within how many days must a notary respond to a written request from the Secretary of State's office for information relating to official acts the notary performed?
Based on: Gov. Code § 8205: Duties and powers of a notary
Acknowledgment vs jurat: what each certificate does
This is the distinction the exam keeps probing. An acknowledgment certificate under Civil Code § 1189 recites that the signer proved their identity on the basis of satisfactory evidence and acknowledged executing the instrument; the notary completes it under penalty of perjury, and a notary who willfully states as true any material fact known to be false faces a civil penalty of up to $10,000. A jurat is different: Government Code § 8202 requires the notary to administer an oath or affirmation to the affiant, to establish identity from satisfactory evidence as described in Civil Code § 1185, and, critically, the affiant shall sign the document in the presence of the notary. Both certificates must carry a legible notice at the top, in an enclosed box, stating that the officer completing the certificate verifies only the identity of the individual who signed the document, and not the truthfulness, accuracy, or validity of that document. Two more § 8205 rules round this out: every certificate must be signed by the notary public in the notary public's own handwriting, and a notary may not accept any acknowledgment or proof of any instrument that is incomplete.
The journal and the seal: locked, sequential, exclusive
Government Code § 8206 requires a notary to keep one active sequential journal at a time, of all official acts, kept in a locked and secured area, under the direct and exclusive control of the notary. Each entry records the date, time and type of the act, the character of the instrument, the signature of each person whose signature is notarized, the identification details relied on (document type, issuing agency, serial number and issue or expiry date) and the fee charged. When the document is a deed, quitclaim deed, deed of trust or other document affecting real property, or a power of attorney, the signer must place a right thumbprint in the journal; a trustee's deed resulting from foreclosure and a deed of reconveyance are the exceptions. If the journal is lost or stolen, the notary must immediately notify the Secretary of State by certified or registered mail, giving the period of the entries, the commission number, the expiration date and a photocopy of any police report specifying theft. The journal is the exclusive property of the notary and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for it. The seal in § 8207 is just as regimented: it must show the notary's name, the words Notary Public, the county where the bond and oath are filed, the commission expiration date and, for commissions on or after January 1, 1992, the sequential identification numbers of the notary and of the manufacturer, in a form that legibly reproduces under photographic methods. It may be circular, not over two inches in diameter, or rectangular, not more than one inch by two and one-half inches, and it too lives in a locked and secured area under the notary's exclusive control.
| Point | Acknowledgment | Jurat |
|---|---|---|
| What the signer does | Acknowledges that they executed the instrument | Swears or affirms the contents and signs |
| Oath or affirmation required | No | Yes, administered by the notary |
| Signed in the notary's presence | The signer acknowledges an existing signature | Yes, the affiant signs before the notary |
| Identity established by | Satisfactory evidence, Civ. Code § 1185 | Satisfactory evidence, Civ. Code § 1185 |
| Boxed identity notice at the top | Yes, Civ. Code § 1189 | Yes, Gov. Code § 8202(b) |
| Governing statute | Civ. Code § 1189 | Gov. Code § 8202 |
FAQ
Frequently asked questions
Does a California notary have to keep a journal?
Yes. Government Code § 8206 requires a California notary to keep one active sequential journal at a time, of all official acts performed as a notary public, kept in a locked and secured area under the direct and exclusive control of the notary. Failure to secure the journal is cause for the Secretary of State to take administrative action against the commission under § 8214.1.
When does a California notary need a thumbprint in the journal?
Under Government Code § 8206, a California notary must require the signer's right thumbprint in the journal when the document is a deed, quitclaim deed, deed of trust or other document affecting real property, or a power of attorney. A trustee's deed resulting from a decree of foreclosure or a nonjudicial foreclosure, and a deed of reconveyance, are exempt. Failing to obtain a required thumbprint carries a civil penalty of up to $2,500 under § 8214.23.
What must a California notary seal contain?
Under Government Code § 8207, the California seal must show the notary's name, the words Notary Public, the county where the bond and oath of office are filed, and the commission expiration date, plus, for commissions issued on or after January 1, 1992, the notary's sequential identification number and the manufacturer's number. It must reproduce legibly under photographic methods, and may be circular up to two inches or rectangular up to one inch by two and one-half inches.
What happens if a California notary's journal is lost or stolen?
Government Code § 8206 requires the notary to immediately notify the Secretary of State by certified or registered mail, or any other means of physical delivery providing a receipt, stating the period of the journal entries, the commission number, the expiration date and, where applicable, a photocopy of any police report that specifies the theft. Willful failure to report the theft or loss is a ground for discipline under § 8214.1(o).
How quickly must a California notary respond to a journal copy request?
Within 15 business days after receipt of the request, under Government Code § 8206.5, the California notary must either supply the photostatic copy requested or acknowledge that no such line item exists. Section 8206 caps the charge at not more than thirty cents ($0.30) per page, and the request must include the names of the parties, the type of document and the month and year in which it was notarized.