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Misconduct/Fees

Which of the following acts is classified as a misdemeanor under Government Code section 8227.1?

A

A person who is not a commissioned notary holding themselves out to the public as being entitled to act as a notary public

B

A licensed notary public charging $20 for an acknowledgment instead of the $15 maximum

C

A notary public notarizing for a family member in which they have a financial interest

D

A notary public failing to keep their journal in a locked area

Correct Answer

A. A person who is not a commissioned notary holding themselves out to the public as being entitled to act as a notary public

AI Explanation

Misdemeanor for acting as a notary without a commission. Government Code section 8227.1 makes it a misdemeanor for any person who is NOT a duly commissioned, qualified, and acting notary public to: (a) represent themselves as entitled to act as a notary; (b) use or advertise the title of notary public; or (c) purport to act as a notary public. Overcharging and journal violations carry civil penalties; conflict of interest is a separate violation.

Misconduct/Fees Question #272
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