 |
|
contact information home |
Member of the National Notary Association & NNA Notary Signing Agent Section
Regarding Loans: Please note
that all signing fees must be paid in full regardless of whether or
not the loan funds.
Attached below is text from the California Notary
Public Handbook. General Information -------------------------------------------------------------------------------- General Information Appointment and Qualifications In order to qualify to become a notary public you
must: be at least 18 years of age; pass a written examination prescribed by the Secretary of State; be able to read, write, and understand English; and Pass a background check. To determine if a person meets the requirements to fulfill the responsibilities of the position, a completed application shall be submitted at the examination site. The application is forwarded to the Office of the Secretary of State and reviewed by Secretary of State staff for qualifying information. Once an applicant has passed the examination, the applicant will be required to have his/her fingerprints submitted via live scan as part of a thorough background check. Commissioned notaries seeking reappointment with less than a six-month break in service are not required to have their fingerprints retaken. Those applicants who have held a notary public commission in the past, but have had a break in their commission of more than six months, are required to have their fingerprints submitted via live scan. Requirements and Time Limit for Qualifying Notary Public Bonds Geographic Jurisdiction Acts Constituting the Practice of Law Notary Seal Back to the Table of Contents It is photographically reproducible when it is affixed to a document. It contains the State Seal and the words "Notary Public." It contains the name of the notary public as shown on the commission. It contains the name of the county where the oath of office and notary bond are on file. It contains the expiration date of the notary public commission. It contains the sequential identification number assigned to the notary as well as the identification number assigned to the manufacturer or vendor for every seal or stamp manufactured on or after January 1, 1992. The seal has a serrated or milled edged border.
The law allows only one condition under which a
notary may authenticate an official act without using an official
notary seal. Because subdivision maps are usually drawn on a material
that will not accept standard stamp pad ink and other acceptable
inks are not as readily available, acknowledgments for California
subdivision map certificates may be notarized without the official
seal. The notary's name, the county of the notary's principal place
of business, and the commission expiration date must be typed or
printed below the notary's signature on the acknowledgment. (Government
Code Section 66436(c)) A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL
When the notary public commission is no longer valid, the notary public seal must be destroyed to protect the notary from possible fraudulent use by another. Notary Records Back to the Table of Contents Date, time and type of each official act (acknowledgment or jurat). Character of every instrument acknowledged or proved before the notary (e.g. deed of trust) The signature of each person whose signature is being notarized. A statement as to whether the identity of a person making an acknowledgment was based on personal knowledge or satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document(e.g., driver’s license, Department of Motor Vehicles, #X00000, 00/00/00.) If the identity of the person making the acknowledgment was established by the oaths or affirmations of two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identity. (e.g., driver’s license, Department of Motor Vehicles, #X00000, 00/00/00.) The fee charged for the notarial service. If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumb or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public must immediately notify the Secretary of State by certified or registered mail. The notification must include the periods of journal entries, the notary public commission number, the commission expiration date, and, when applicable, a photocopy of the police report that lists the journal. (Government Code Section 8206(b)) A notary must provide a photostatic copy of a line item from his or her journal when provided with a written request from any member of the public which includes the name of the parties, the type of document, and the month and year in which the document was notarized. (Government Code Section 8206(c)) The sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The circumstances in which the notary public must relinquish the journal or permit inspection and copying of journal transactions and the procedures the notary public must follow are specified in Government Code Section 8206(d). Within 30 days from the date the notary public commission is no longer valid, all notarial records and papers must be delivered to the county clerk's office where the oath is on file. Failure to do so could result in a misdemeanor. Documents delivered to the Secretary of State will be returned to the sender. (Government Code Section 8209) Acknowledgments The form most frequently completed by the notary public is the acknowledgment. The acknowledgment form is set forth in Section 1189 of the Civil Code. In the acknowledgment, the notary public certifies: That the signer personally appeared before the notary public on the date indicated in the county indicated. To the identity of the signer. That the signer acknowledged executing the document. The notary public sequential journal must contain
a statement as to whether the identity of a person making an acknowledgment
was based on personal knowledge or satisfactory evidence. If identity
was established based on satisfactory evidence then the journal
shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of identifying
document used to establish the person's identity, the governmental
agency issuing the document, the serial or identifying number of
the document, and the date of issue or expiration of the document.
The completion of an acknowledgment that contains statements that the notary public knows to be false not only may cause the notary to be liable for civil penalties and administrative action, but is also a criminal offense. A notary public may complete an acknowledgment form required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. Any certificate of acknowledgment taken within this state shall be in substantially the following form: SAMPLE CERTIFICATE OF ACKNOWLEDGMENT Note Jurat The second form most frequently completed by a
notary public is the jurat. The jurat is identified by the wording
"Subscribed and sworn to" immediately above the place
where the notary public signs his/her name. In the jurat, the notary
public certifies: That the signer personally appeared before the notary public on the date indicated and in the county indicated. That the signer signed the document in the presence of the notary public. That the notary public administered the oath. There is no prescribed wording for the oath, but an acceptable oath would be "Do you swear or affirm that the statements in this document are true?" When administering the oath, the signer and notary traditionally raise their right hands but this is not a legal requirement. In the jurat, the notary public is not certifying to the identity of the signer. A sample affidavit (written statement made under oath) may be worded as follows: I cerfify that I have resided in the State of California for more than five years. /s/ John Doe A sample jurat that could be attached to this affidavit would contain wording as shown below: SAMPLE JURAT (date) Note Subscribing Witness Back to the Table of Contents NOTE: A proof by a subscribing witness cannot be used in conjunction with any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or Grant Deed document.(Government Code Section 27287) The requirements for proof of execution by a subscribing witness are as follows: The subscribing witness must have been requested
by the principal to get the document notarized. The subscribing
witness must be able to say, under oath, that he or she either saw
the principal sign the document or heard the principal acknowledge
that he/she signed the document. (Code of Civil Procedure 1935)
The following scenario provides an example of how Proof by Subscribing Witness form may be used: The principal, Steve, needs to get a document
notarized. Shown below is a suggested format for proof of
execution by a subscribing witness. Other formats with similar wording
may also be acceptable. SAMPLE SUBSCRIBING WITNESS Note: It is not acceptable to affix a notary seal
and signature to a document without the notarial wording. Signature by Mark When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code Section 14) The requirements for signature by mark are as follows: The person signing the document by mark must be
identified by the notary public by either personal knowledge or
satisfactory evidence. (Civil Code Section 1185) Following is an example of a Power of Attorney executed by Signature by Mark: I, Bob Smith, give my power of attorney to Jane Brown to act as my Attorney on all matters pertaining to the handling of my estate, finances, and investments. This Power of Attorney is to remain in effect until another document revoking this instrument has been filed of record thereby rendering this instrument null and void. Date: Feb. 5, 1998 Name: By: } ss. On February 5, 1998, before me, John Doe, a notary
public for the State of California, personally appeared Bob Smith,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
NOTARY SIGNATURE Note: It is not acceptable to affix a notary seal
and signature to a document without the notarial wording. Powers of Attorney - Certifying A notary public can certify copies of powers of
attorney. A certified copy of a power of attorney that has been
certified by a notary public has the same force and effect as the
original power of attorney. (Probate Code Section 4307) SAMPLE CERTIFICATION OF POWER OF ATTORNEY Note: It is not acceptable to affix a notary seal
and signature to a document without the notarial wording. Notarization of Incomplete Documents Certified Copies California statute specifies that a notary public may only certify copies of powers of attorney under Section 4307 of the Probate Code, and copies of his or her notary public journal. (Government Code Section 8205(a)(4))and (Government Code Section 8205(b)(1)) Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code Section 103545) Wills Back to the Table of Contents Illegal Advertising California law requires any non-attorney notary who advertises notarial services in a language other than English to post a prescribed notice, in English and the other language, that the notary is not an attorney and cannot give legal advice. The notary must also list the fees charged for notarial services. In any event, a notary may not translate the term "Notary Public", defined as "notario publico" or "notario", into Spanish, even if the prescribed notice is also posted. A first offense of this law is grounds for the suspension or revocation of a notary's commission. A second offense shall be grounds for the permanent revocation of a notary's commission. (Government Code Section 8219.5) A notary is legally barred from advertising in any manner whatsoever that he or she is a notary if the notary promotes himself or herself as an immigration specialist or consultant. (Government Code Section 8223) Immigration Documents Contrary to popular belief, there is no prohibition against notarizing immigration documents. However, several laws specifically outline what a notary can and cannot do. Only a person who is qualified and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms. A notary may not charge any individual more than $10 for each set of forms, unless the notary is also an attorney who is rendering professional services as an attorney. This fee limitation applies even if the person is not performing notarial duties.(Government Code Section 8223) Confidential Marriages Confidential Marriage licenses may be issued by the county clerk to a notary public pursuant to Family Code Section 503. The license shall be valid for a period of 90 days and may only be used in the county in which it was issued. A notary who is interested in authorizing confidential marriages may apply for approval to the county clerk in the county in which the notary resides. A notary public shall not authorize a confidential marriage unless he or she is approved by the county clerk having jurisdiction. The county clerk offers a course of instruction which a notary must complete before authorization will be granted. Additionally, in order for a notary to perform the marriage, he/she must be one of the persons authorized under Family Code Sections 400-402, e.g., priest, minister, or rabbi. The county clerk in the county where the notary resides may or may not approve the authorizing of confidential marriages. It is best to check with the county clerk if you are interested in obtaining approval to do this. The form that a notary completes when notarizing a Confidential Marriage License is a jurat. Execution of a jurat requires that the signer(s) personally appeared before the notary, that the signer(s) signed the document in the presence of the notary, and that the notary administered the oath. Please refer to the section of this handbook titled "JURAT" for the prescribed form. If the county clerk finds that the notary has violated any of the provisions of Family Code Section 500 et. seq. regarding confidential marriages, the county clerk may place the notary on probation or suspend or revoke his or her approval. If a notary violates any of the provisions of Government Code Section 8214.1, the approval shall be revoked. In addition, the county clerk shall report the findings of any hearing to the Secretary of State for appropriate action. Grounds for Denial, Revocation, or Suspension of
Appointment and Commission In addition, the Secretary of State may suspend or revoke the commission of a notary who has not complied with child or family support obligations. (Family Code Section 17520) Disciplinary Guidelines In June 1998, the Secretary of State instituted disciplinary guidelines, which were revised effective March 31, 2001, in order to facilitate due process and to maintain consistency in reviewing applications, investigating alleged violations, and implementing administrative actions. (Government Code Section 8220) The disciplinary guidelines are designed to assist
administrative law judges, in addition to assisting attorneys, notaries
public, applicants, and others involved in the disciplinary process.
They will be used to determine what disciplinary action will be
taken for violations of notary public law. The disciplinary guidelines
are available at a cost of $4 per copy, payable to the Secretary
of State, or they may be accessed through the Internet. Please refer
to the inside front cover of this handbook for our mailing and Internet
addresses. --------------------------------------------------------------------------------
Important Issues and Information Those notaries who are commissioned on behalf of the state, city, county, or public school districts, or on behalf of a military reservation must resign their commissions when they terminate their employment. These notaries must follow the procedures described above. Fees Exceptions: 1) Pursuant to Government Code Section 8203.6, no fees shall be collected by notaries appointed to military and naval reservations in accordance with 8203.1; 2) pursuant to Elections Code Section 8080, no fee shall be collected by notaries for verifying any nomination document or circulator's affidavit; and 3) pursuant to Government Code Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran's benefit. In addition, Government Code Section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code Section 8202.5, to charge for all services and remit the fees received to the employing agency. The fee charged must be entered in the journal. Change of business address, residence address and/or
change of county Note: To ensure proper processing, please include the following when submitting an address change notification: name of the notary exactly as it appears on the
commission certificate; Miscellaneous Provisions Unless working under an agreement with an employer
as described in Government Code Sections 8202.7 and 8202.8, or having
a direct financial or beneficial interest to the transaction, it
is the duty of the California notary public, upon the payment of
any fees, if applicable, to notarize upon request any properly submitted
document for any person, anywhere in the State of California. --------------------------------------------------------------------------------
Common Questions and Answers Q. I have changed my business or home address, what do I do? A. Send our office a letter or a change of address
form by certified mail within 30 days of the change. (Government
Code Section 8213.5) Q. I have changed my business from one county to another, what do I do? A. Your commission allows you to notarize throughout
the State of California. If the location of your business has changed,
you are not required to transfer your oath of office and bond to
that new county. You are, however, required to send our office an
address change via certified mail. If you do choose to transfer
your county, you will need to take and file an oath of office and
take the original or a duplicate of the originial bond and file
it with the new county. A certificate of authorization to manufacture
a notary public seal will be sent to you once you have qualified
by filing your new oath of office with the new county. Your stamp
must reflect the county where your oath and bond are filed. (Government
Code Section 8213 and 8213.5) Q. I lost my stamp or journal, what do I do? A. Send our office a letter by certified mail explaining
what happened and, if applicable, a photocopy of a police report.
If you have had your stamp lost or stolen we will send an authorization
so you can have a new stamp made. (Government Code Section 8206)
Q. I have changed my name. What do I do? A. Send our office a completed name change form
and, once approved, you will be issued an amended commission that
reflects your new name. You will then need to file a new oath of
office and an amendment to your bond with the county clerk within
30 days from the date the amended commission was issued in order
for the name change to take effect. (Government Code Section 8213.6)
and (8213) Q. I need to request a new certificate of authorization to have a new stamp made. Is there a fee? A. No; however, you must send our office a written
request for a certificate of authorization. [Government Code Section
8207.3(e)] Q. How do I resign my commission? A. If you want to resign your commission, send
a letter to our office and deliver all of your notarial records
and papers to the county clerk in which your current oath of office
is on file within 30 days. (Government Code Section 8209) Q. I did not file my oath and bond on time, what do I do? A. If you failed to file your oath and bond within
the prescribed time, your commission is void. If you wish to reapply,
you must complete a new application and send it to our office with
a check for $20.00. Q. How do I obtain a reappointment as a notary public? A. Every four years you must take and pass the
examination. Call Cooperative Personnel Services(CPS) at (916) 263-3520
to receive an exam registration packet. You will hear a recorded
message and will need to leave your name and address. A complete
package will be mailed to you. Please be aware that after you pass
the exam, your commission for reappointment will not be sent to
you more than 30 days before the expiration of your current commission.
Q. Where can I get a live scan fingerprint form? A. You will be sent a live scan fingerprint form
with instructions once you have passed the examination. -------------------------------------------------------------------------------- Government Code Notaries Public § 8200. Appointment and commission; number;
jurisdiction § 8201. Qualifications § 8201.1. Additional qualifications; determination;
identification; fingerprints § 8201.5. Application form; confidential nature;
use of information § 8202.5. State, county and school district
employees; certificates; expenses The state or any city, county, or school district for which the notary public is appointed and commissioned pursuant to this section may pay from any funds available for its support the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of the notary public. Any fees collected or obtained by any notary public
whose documents have been filed without charge and for whom bond
premiums have been paid by the employer of the notary public shall
be remitted by the notary public to the employing agency which shall
deposit the funds to the credit of the fund from which the salary
of the notary public is paid. § 8202.7. Private employers; agreement to
pay premium on bonds and costs of supplies;remission of fees to
employer § 8202.8. Private employers; limitation on
provision of notarial services § 8203.1. Military and naval reservations;
appointment and commission of notaries; qualifications § 8203.2. Military and naval reservations,
recommendation of commanding officer; jurisdiction of notary § 8203.3. Military and naval reservations,
qualifications of notaries § 8203.4. Military and naval reservations;
term of office; termination; resignation § 8203.5. Military and naval reservations,
jurat § 8203.6. Military and naval reservations,
fees § 8204. Term of office § 8204.1. Cancellation of Commission; failure
to pay; notice § 8205. Duties (2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary public's own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete. (3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath or affirmation shall be signed by the notary public in the notary public's own handwriting. (4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary public's own handwriting. (b) It shall further be the duty of a notary public, upon written request: (1) To furnish to the Secretary of State certified copies of the notary's journal. (2) To respond within 30 days of receiving written
requests sent by certified mail from the Secretary of State's office
for information relating to official acts performed by the notary.
§ 8206. Sequential journal; contents; thumbprint;
loss of journal; copies of pages; exclusive property of notary public;
limitations on surrender (A) Date, time, and type of each official act. (B) Character of every instrument acknowledged or proved before the notary. (C) The signature of each person whose signature is being notarized. (D) A statement as to whether the identity of a person making an acknowledgment was based on personal knowledge or satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document. (E) If the identity of the person making the acknowledgment was established by the oaths or affirmations of two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identity. (F) The fee charged for the notarial service. (G) If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee's deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code , nor to a deed of reconveyance. (b) If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts. (c) Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page. (d) The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or to a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority, in response to a criminal search warrant signed by a magistrate and served upon the notary public by the peace officer. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrel ted to the employer’s business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer. (e) The notary public shall provide the journal
for examination and copying in the presence of the notary public
upon receipt of a subpoena duces tecum or a court order, and shall
certify those copies if requested. § 8207. Seal The seal of every notary public shall be affixed by a seal press or stamp that will print or emboss a seal which legibly reproduces under photographic methods the required elements of the seal. The seal may be circular not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border, and shall contain the information required by this section. The seal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the seal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1. The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person. The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission. This section shall become operative on January
1, 1992. § 8207.1. Identification number § 8207.2. Manufacture, duplication, and sale
of seal or stamp; procedures and guidelines for issuance of seals;
certificate of authorization (c) The Secretary of State shall issue a permit with a sequential identification number to each manufacturer or vendor authorized to issue notary seals. The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit. (d) The Secretary of State shall develop a certificate of authorization to purchase a notary stamp from an authorized vendor. (e) The certificate of authorization shall be designed to prevent forgeries and shall contain a sequential identification number. (f) This section shall become operative on January
1, 1992. § 8207.3. Certificates of authorization; authorization
to provide seal; lost, misplaced, damaged or otherwise unworkable
seal (c) A vendor of official seals shall note the receipt of certificates of authorization and sequential identification numbers of certificates presented by a notary public upon a certificate of authorization. (d) A copy of a certificate of authorization shall be retained by a vendor and the original, which shall contain a sample impression of the seal issued to the notary public, shall be submitted to the Secretary of State for verification and recordkeeping. The Secretary of State shall develop guidelines for submitting certificates of authorization by vendors. (e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization which a notary may use to obtain a replacement seal. (f) This section shall become operative on January
1, 1992. § 8207.4. Violations; penalties (c) This section shall become operative on January
1, 1992. § 8208. Protest of bill or note for nonacceptance
or nonpayment (b) The fact that presentment was made and the manner thereof. (c) The cause or reason for protesting the bill. (d) The demand made and the answer given, if any,
or the fact that the drawee or acceptor could not be found. § 8209. Resignation, disqualification or removal
of notary; records delivered to clerk; misdemeanor; death; destruction
of records (c) After 10 years from the date of deposit with
the county clerk, if no request for, or reference to such records
has been made, they may be destroyed upon order of court. § 8211. Fees (b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of ten dollars ($10). (c) For all services rendered in connection with the taking of any deposition, the sum of twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition. (d) For every protest for the nonpayment of a promissory note or for the nonpayment or nonacceptance of a bill of exchange, draft, or check, the sum of ten dollars ($10). (e) For serving every notice of nonpayment of a promissory note or of nonpayment or nonacceptance of a bill of exchange, order, draft, or check, the sum of five dollars ($5). (f) For recording every protest, the sum of five dollars ($5). (g) No fee may be charged to notarize signatures on absentee ballot identification envelopes or other voting materials. (h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of ten dollars ($10). (i) In accordance with Section 6107, no fee may
be charged to a United States military veteran for notarization
of an application or a claim for a pension, allotment, allowance,
compensation, insurance, or any other veteran's benefit. § 8212. Bond; amount; form § 8213. Bonds and oaths; filing; certificate;
copy of oath as evidence; transfer to new county; name changes;
fees (c) If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable. (d) The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder. (e) The county recorder shall record the bond and
shall thereafter mail, unless specified to the contrary, it to the
person named in the instrument and, if no person is named, to the
party leaving it for recording. § 8213.5. Change in location or address of business or residence; notice A notary public shall notify the Secretary of
State by certified mail within 30 days as to any change in the location
or address of the principal place of business or residence. § 8213.6. Name changes; application; filing
§ 8214. Misconduct or neglect § 8214.1. Grounds for refusal, revocation
or suspension of commission (b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision. (c) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct for dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public. (d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public. (e) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or violation of the state regulatory laws or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public. (f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law. (g) The practice of law in violation of Section 6125 of the Business and Professions Code. (h) Charging more than the fees prescribed by this chapter. (i) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another. (j) Failure to complete the acknowledgment at the time the notary's signature and seal are affixed to the document. (k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205. (l) Execution of any certificate as a notary public containing a statement known to the notary public to be false. (m) Violation of Section 8223. (n) Failure to submit any remittance payable upon demand by the Secretary of State under this chapter or failure to satisfy any court-ordered money judgment, including restitution. (o) Failure to secure the sequential journal of official acts, pursuant to Section 8206, or the official seal, pursuant to Section 8207. (p) Violation of Section 8219.5. § 8214.2. Fraud relating to deed of trust;
single-family residence; felony § 8214.3. Hearing prior to denial or revocation
of commission or imposition of civil penalties; law governing; exceptions
(b) The Secretary of State has entered an order
pursuant to Section 8214.4 finding that the applicant has committed
or omitted acts constituting grounds for suspension or revocation
of a notary public's commission. § 8214.4. Resignation or expiration of commission
not a bar to investigation or disciplinary proceedings § 8214.5. Revocation of commission; filing
copy with county clerk § 8214.15. Civil penalties (c) The civil penalty may be imposed by the Secretary of State if a hearing is not requested pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the determination. (d) Any civil penalties collected pursuant to this
section shall be transferred to the General Fund. It is the intent
of the Legislature that to the extent General Fund moneys are raised
by penalties collected pursuant to this section, that money should
be made available to the Secretary of State's office to defray its
costs of investigating and pursuing commissioning and monetary remedies
for violations of the notary public law. § 8216. Release of surety § 8219.5. Advertising in language other than
English; posting of notice relating to legal advice and fees; translation
of notary public into Spanish; suspension (2) The fees set by statute which a notary public may charge. (b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State. (c) Literal translation of the phrase "notary public" into Spanish, hereby defined as "notario publico" or "notario" is prohibited. For purposes of this subdivision, "literal translation" of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated. (d) The Secretary of State shall suspend for a
period of not less than one year or revoke the commission of any
notary public who fails to comply with subdivision (a) or (c). However,
on the second offense the commission of such notary public shall
be revoked permanently. § 8220. Rules and regulations § 8221. Destruction, defacement or concealment
of records or papers; misdemeanor; liability for damages § 8222. Injunction; reimbursement for expenses
§ 8223. Notary public with expertise in immigration
matters; advertising status as notary public; entry of information
on forms; fee limitations (c) Nothing in this section shall be construed
to exempt a notary public who enters data on an immigration form
at the direction of a client, or otherwise performs the services
of an immigration consultant, as defined by Section 22441 of the
Business and Professions Code, from the requirements of Chapter
19.5 (commencing with Section 22440) of Division 8 of the Business
and Professions Code. A notary public who is not qualified and bonded
as an immigration consultant under Chapter 19.5 (commencing with
Section 22440) of Division 8 of the Business and Professions Code
may not enter data provided by a client on immigration forms nor
otherwise perform the services of an immigration consultant. § 8224. Conflict of interest; financial or
beneficial interest in transaction; exceptions (a) With respect to a financial transaction, is named, individually, as a principal to the transaction. (b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction. For purposes of this section, a notary public has
no direct financial or beneficial interest in a transaction where
the notary public acts in the capacity of an agent, employee, insurer,
attorney, escrow, or lender for a person having a direct financial
or beneficial interest in the transaction. § 8224.1. Writings, depositions or affidavits
of notary public; prohibitions against proof or taking by that notary
public § 8225. Improper notarial acts, solicitation,
coercion or influence of performance; misdemeanor § 8227.1. Unlawful acts by one not a notary
public; misdemeanor (b) Assume, use or advertise the title of notary public in such a manner as to convey the impression that the person is a notary public. (c) Purport to act as a notary public. § 8227.3. Unlawful acts by one not a notary
public; deeds of trust on single-family residences; felony |
Serving Orange County (and Los Angeles for
an additional fee). Other
areas available on a case-by-case basis.