Free Secretary of State's Open Book Notary Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the Secretary of State's Open Book Notary Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1A Colorado notary is named as a party in a contract presented for notarization. What should the notary conclude?

   1. A. The notary has a disqualifying interest and must not perform the act
   2. B. The notary may proceed after waiving the statutory fee
   3. C. The notary may proceed if a credible witness identifies the signer
   4. D. The notary may proceed if the certificate is attached to the contract

   Answer: A

   Explanation: The statute says: "A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest." Because the notary is named in this contract, the notary must not perform the act.

   Reference: RULONA UPDATED (DEC 2025) — C.R.S. § 24-21-504(2)(a)

2. 2Where must a power of attorney used by an attorney-in-fact to execute a conveyance be recorded?

   1. A. In the same office where the conveyance must be recorded
   2. B. Only in the Secretary of State's office
   3. C. Only in the attorney-in-fact's home county
   4. D. In any Colorado court of record

   Answer: A

   Explanation: C.R.S. § 38-30-123 states that the power of attorney "shall be recorded in the same office in which the conveyances themselves are required to be recorded."

   Reference: Crs 2026 Title 38 — C.R.S. § 38-30-123

3. 3Before notarizing a statewide initiative petition circulator's affidavit, what presence must a Colorado notary require?

   1. A. The circulator's physical presence
   2. B. The designated representative's remote presence
   3. C. Two registered electors' presence
   4. D. The petition sponsor's telephone presence

   Answer: A

   Explanation: C.R.S. § 1-40-111(2)(b)(I)(A) prohibits notarization unless "the circulator is in the physical presence of the notary public."

   Reference: Crs 2026 Title 01 — C.R.S. § 1-40-111(2)(b)(I)(A)

4. 4A Colorado notary leaves the notary journal with the notary's employer after leaving the firm. Within what period must the notary electronically submit the required notice to the Secretary of State?

   1. A. Within 7 days of leaving the journal with the employer.
   2. B. Within 30 days of leaving the journal with the employer.
   3. C. Within 60 days of leaving the journal with the employer.
   4. D. Within 90 days of leaving the journal with the employer.

   Answer: B

   Explanation: Rule 4.1 requires the notary to notify the Secretary of State by "electronically submitting the required form within 30 days." Leaving the journal with the employer triggers that period; other time limits in notary or hearing rules do not replace it.

   Reference: Colorado Notary Program Rules, 8 CCR 1505-11 — 8 CCR 1505-11, Rule 4.1

5. 5A candidate petition section faces a particularized circulator-fraud protest. The election official finds that its circulator died and therefore cannot be deposed or testify. The section has no other defect. What follows from the circulator's unavailability alone?

   1. A. The entire petition section must be invalidated for the circulator's absence.
   2. B. Only signatures entered after the affidavit must be invalidated.
   3. C. The notarized affidavit must be invalidated for the circulator's absence.
   4. D. The petition section is not invalidated on that ground under the exception.

   Answer: D

   Explanation: Section 1-4-905(4)(b) says that after an official finds the circulator unable to testify because of death, the invalidation provision does "not apply to invalidate a petition section circulated by the circulator." This exception addresses unavailability alone; the stem excludes any independent defect.

   Reference: Colorado Revised Statutes 2026, Title 1 — C.R.S. § 1-4-905(4)(a)-(b)

6. 6A Colorado notary takes an acknowledgment of a deed using the real-property form in C.R.S. § 38-35-101. In addition to the acknowledgment date, which other date must appear on the notary's certificate?

   1. A. The date on which the grantor originally acquired title to the land.
   2. B. The date on which the county clerk accepted the deed for recording.
   3. C. The date on which the notary's current commission expires.
   4. D. The date on which the grantor first signed the deed.

   Answer: C

   Explanation: Section 38-35-101(2) specifies: "If acknowledgment is taken by a notary public, the date of expiration of his commission shall also appear on the certificate." The acknowledgment date and other transaction dates do not replace the notary's commission expiration.

   Reference: Colorado Revised Statutes 2026, Title 38 — C.R.S. § 38-35-101(2), statutory acknowledgment form

7. 7A Colorado notary receives notice that the Secretary of State denied renewal of the notary's commission. Under amended 8 CCR 1505-3, Rule 3.3.2(a)(2), what is the latest period for the licensee to request a hearing with a hearing officer?

   1. A. Within 21 days of the notice date.
   2. B. Within 30 days of the notice date.
   3. C. Within 60 days of the notice date.
   4. D. Within 90 days of the notice date.

   Answer: C

   Explanation: Rule 3.3.2(a)(2) gives other licensees "60 days of the date of a notice of a denial of a new license, or a revocation, suspension, annulment, limitation, modification, or nonrenewal of a license from the Secretary of State" to request a hearing. A notary licensee facing nonrenewal uses that 60-day limit; the 30-day provision in Rule 3.3.2(a)(1) applies to charitable-solicitation registration. Rule 3.2.10(a) includes people "Commissioned or approved under the Revised Uniform Law on Notarial Acts (Title 24, Article 21, Part 5);" in the licensee category.

   Reference: Colorado Secretary of State Adopted Administrative Hearing Rules, 8 CCR 1505-3 — 8 CCR 1505-3, Rule 3.3.2(a)(2)

8. 8According to the Official Notary Handbook, to whom is a Colorado notary responsible while notarizing?

   1. A. The people of the State of Colorado
   2. B. A customer
   3. C. A supervisor
   4. D. A public recorder of acts

   Answer: A

   Explanation: The handbook states: "while notarizing, a notary is responsible not to a customer or a supervisor, but to the people of the State of Colorado through the Secretary of State."

   Reference: NOTARY LAW — Official Notary Handbook, p. 4, What is a Notary?

9. 9A Colorado notary's spouse is named in a record that a customer asks the notary to notarize. Which result follows?

   1. A. The act is permitted if the spouse is not physically present
   2. B. The notary has a disqualifying interest
   3. C. The act is permitted if no fee is charged
   4. D. The act is permitted after journal disclosure

   Answer: B

   Explanation: C.R.S. § 24-21-504 defines a disqualifying interest when "the officer or the officer's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized." The spouse's appearance in the record disqualifies the notary.

   Reference: RULONA UPDATED (DEC 2025) — C.R.S. § 24-21-504(2)(a)

10. 10How may a power of attorney for conveying, leasing, or releasing land be acknowledged or proved?

    1. A. Only by a district judge
    2. B. In the same manner as deeds
    3. C. Only through two subscribing witnesses
    4. D. By filing an unsigned copy

    Answer: B

    Explanation: C.R.S. § 38-30-124 provides that such powers of attorney "may be acknowledged or proved in the same manner as deeds."

    Reference: Crs 2026 Title 38 — C.R.S. § 38-30-124