LESSON 35: Civil Penalties скачать в хорошем качестве

LESSON 35: Civil Penalties

notarycoursecalifornia.com Functions & Duties of a California Notary Public LESSON 35 Civil Penalties Understanding Civil Penalties for Notary Public Misconduct Section 1: $1,500 Penalties Imposed by California Secretary of State on Notaries Public In cases of notarial misconduct, the California Secretary of State has the authority to impose civil penalties up to $1,500 per violation. These penalties can be in addition to the denial of an application or the suspension/revocation of a notary public commission. The penalties of up to $1,500 may apply in the following circumstances: False or misleading advertising where a notary public represents having duties, rights, or privileges they do not possess. Committing acts involving dishonesty, fraud, or deceit with the intent to benefit themselves or others or to harm others. Executing a certificate as a notary public containing a known false statement. Violating the prohibition against a notary public advertising as an immigration specialist or consultant or charging to assist in completing immigration forms. Violating the restrictions on advertising notarial services in a language other than English or translating "notary public" into Spanish. Willful failure to fully and faithfully discharge any required duties or responsibilities of a notary public. Section 2: $750 Penalties Imposed by California Secretary of State on Notaries Public The California Secretary of State may impose penalties up to $750 for other instances of notarial misconduct. These penalties can also result in the denial of an application or the revocation/suspension of a commission. The penalties of up to $750 may apply in the following circumstances: Charging fees higher than the maximum allowed for notarial services. Failing to complete the acknowledgment at the time of notarization. Failing to administer the oath or affirmation. Negligently failing to fully and faithfully discharge any required duties or responsibilities of a notary public. Section 3: Other Substantial Civil Penalties Failure to provide the notary public journal to a peace officer when requested or failure to obtain a thumbprint as required can result in substantial civil penalties. The failure to provide the journal to a peace officer is also grounds for denial of an application or revocation/suspension of a notary public commission. The failure to obtain a required thumbprint is a violation of a notary public's duties and can lead to denial of an application or revocation/suspension of a commission. The civil penalties for these violations can be up to $2,500. The failure to provide the journal must be willful. The California Secretary of State or a public prosecutor may seek the civil monetary penalty in both cases. Additionally, a notary public may face a civil penalty not exceeding $10,000 in two situations. First, if the notary public fails to obtain satisfactory evidence for establishing the identity of a credible witness, a penalty of up to $10,000 can be imposed. Second, if the notary public willfully states a known false material fact in a certificate of acknowledgment, a civil penalty of up to $10,000 can be sought.