|
The list of cities below
are the cities where you can order signing services without
an additional travel fee. Basically, it's all of
Orange County, plus the Long Beach area.
Los Angeles is available for an additional $50.00 with
consideration to traffic.
No Los Angeles appointments
are usually accepted for signings from around 2-7pm.
|
|
This service area represents all of the cities which
are
|
|
covered for no additional
charge. Basically, if it's in
|
|
Orange County (714 and 949 area codes), it's
covered. |
|
Long Beach and Lakewood (LA
County) are also included. |
|
|
|
Aliso Viejo |
|
Anaheim |
|
Anahiem Hills |
|
Balboa |
|
Brea |
|
Buena Park |
|
Corona Del Mar |
|
Costa Mesa |
|
Coto de Caza |
|
Cypress |
|
Dana Point |
|
Dove Canyon |
|
Foothill Ranch |
|
Fountain Valley |
|
Fullerton |
|
Garden Grove |
|
Huntington Beach |
|
Irvine |
|
La Habra |
|
La Palma |
|
Laguna Beach |
|
Laguna Hills |
|
Laguna Niguel |
|
Laguna Woods |
|
Lake Forest |
|
Lakewood |
|
Long Beach |
|
Los Alamitos |
|
Mission Viejo |
|
Monarch Beach |
|
Newport Beach |
|
Orange |
|
Placentia |
|
Portola Hills |
|
Rancho Santa Margarita |
|
San Clemente |
|
San Juan Capistrano |
|
Santa Ana |
|
Seal Beach |
|
Silverado Canyon |
|
Stanton |
|
Tustin |
|
Villa Park |
|
Westminster |
|
Yorba Linda |
Attached below is text from the California Notary
Public Handbook.
It is for my personal reference only. If you want to view the official
online copy, go here:
http://www.ss.ca.gov/business/notary/notary_2003hdbk.htm#sos
Table of Contents
General Information
Appointment and Qualifications
Notary Seal
Notary Records
Acknowledgments
Jurat
Subscribing Witness
Signature by Mark
Powers of Attorney - Certifying
Notarization of Incomplete Documents
Certified Copies
Wills
Illegal Advertising
Immigration Documents
Confidential Marriages
Grounds for Denial, Revocation, or Suspension of
Appointment and Commission
Disciplinary Guidelines
Important Issues and Information
Common Questions and Answers
Government Code
Civil Code
Code of Civil Procedure
Business and Professions Code
Elections Code
Uniform Commercial Code
Probate Code
Penal Code
--------------------------------------------------------------------------------
General Information
Back to the Table of Contents
Appointment and Qualifications
In order to qualify to become a notary public you
must:
be a resident of the State of California;
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
Once the commission has been issued, a person has 30 calendar days
to take, subscribe, and file an oath of office and file a $15,000
surety bond with the county clerk's office. The commission does
not take effect until the oath and bond are filed with the county
clerk's office. The filing must take place in the county where the
notary maintains his or her principal place of business as shown
in the application on file with the Secretary of State. If the oath
and bond are not filed within the 30-calendar-day time period, the
commission will not be valid, and the person commissioned may not
act as a notary public until a new appointment is obtained and the
person has properly qualified within the 30-calendar-day time limit.
Government Code Section 8213(a) permits the mailing of completed
oaths and bonds to the applicable county clerk for filing of the
initial oath and bond. It should be noted that exceptions to the
30-day filing requirement are not made due to mail service or county
clerk mail processing delays or for any other reason. If mailing
an oath and bond to the county clerk, sufficient time must be allowed
by the newly commissioned notary to ensure timely filing. (Government
Code Sections 8212 and 8213)
Notary Public Bonds
In order to provide some protection to the public, California law
requires that notaries public be bonded. It is important to note
that the notary bond is not an insurance policy for the notary.
It is designed only to provide a limited fund for paying claims
against the notary. The notary remains personally liable to the
full extent of the damage sustained and may be required to reimburse
the bonding company for sums paid by the company because of misconduct
or negligence of the notary public. (Government Code Section 8214)
Geographic Jurisdiction
A notary public can provide notarial services throughout the State
of California. A notary public is not limited to providing services
only in the county where the oath and bond are on file. In virtually
all of the certificates the notary is called on to complete, there
will be a venue heading such as "State of California, County
of ." The county named in the heading is the county where the
signer personally appeared before the notary public and acknowledged
signing the document. (Government Code Section 8200)
Acts Constituting the Practice of Law
(Inserted at the request of The State Bar of California)
California notaries are prohibited from performing any duties which
may be construed as the unlawful practice of law. Among the acts
which constitute the practice of law are the preparation, drafting,
or selection or determination of the kind of any legal document,
or giving advice with relation to any legal documents or matters.
If asked to perform such tasks, a California notary should decline
and refer the requester to an attorney.
Notary Seal
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Each notary public is required to have and to use a seal. The seal
must be kept in a locked and secured area, under the direct and
exclusive control of the notary and must not be surrendered to an
employer upon termination of employment, whether or not the employer
paid for the seal, or to any other person.
Because of the legal requirement that the seal be photographically
reproducible, the rubber stamp seal has become all but universal;
however, notaries may also use an embosser seal in addition to the
rubber stamp. The legal requirements for a seal are shown below.
(Government Code Section 8207)
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.
Many documents that are acknowledged may later be recorded. A document
may not be accepted by the recorder if the notary seal is illegible.
Notaries are cautioned to take care that the notary stamp leaves
a clear impression. All the elements must be easily discernible.
The seal should not be placed over signatures or any printed matter
on the document. An illegible or improperly placed seal may result
in rejection of the document for recordation and result in inconveniences
and extra expenses for all those involved.
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
OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE
OTHER THAN THE RENDERING OF NOTARIAL SERVICE.
(Government Code Section 8207)
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
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A notary public is required to keep one active sequential journal
at a time of all acts performed as a notary public. The journal
must be kept in a locked and secured area (such as a lock box or
locked desk drawer), under the direct and exclusive control of the
notary. The journal shall include the items shown below. (Government
Code Section 8206(a))
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 certificate of acknowledgment must be completely filled out
at the time the notary's signature and seal are affixed.
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
State of California
County of ______________ } ss.
On __________ before me, (here insert name and title of the officer),
personally appeared __________________________ 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.
WITNESS my hand and official seal.
NOTARY SIGNATURE
NOTARY SEAL
Note
Key wording of an acknowledgment is "personally appeared."
It is not acceptable to affix an acknowledgment to a document mailed
or otherwise delivered to a notary whereby the signer did NOT personally
appear before the notary, even if the signer is known by the notary.
Also, it is not acceptable to affix a notary seal and signature
to a document without the notarial wording.
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
State of California
County of _______________ } ss.
Subscribed and sworn to before me on _________________.
(date)
NOTARY SIGNATURE
NOTARY SEAL
Note
Key wording of a jurat is "subscribed and sworn to before me."
It is not acceptable to affix a jurat to a document mailed or otherwise
delivered to a notary whereby the signer did NOT personally appear,
take an oath, and sign in the presence of the notary, even if the
signer is known by the notary. Also, it is not acceptable to affix
a notary seal and signature to a document without the notarial wording.
Subscribing Witness
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If a person, called the principal, has signed a document, but cannot
personally appear before a notary public, another individual can
appear on that principal's behalf. That person is called a subscribing
witness.(Civil Code Section 1195)
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 subscribing witness must personally know the notary public,
or if the subscribing witness does not personally know the notary,
then his or her identity must be established, or proved, by a third
party. That third party must personally know both the subscribing
witness and the notary public. (Civil Code Section 1196) That third
party is called a credible witness. Since the subscribing witness
must be personally known by the notary public, or by one credible
witness, paper identification cannot be used in establishing the
subscribing witness' identity. (Civil Code Section 1196)
The subscribing witness must sign the document. (Code of Civil Procedure
1935) and (Civil Code Section 1197)
The subscribing witness must sign the notary's official journal.
(Government Code Section 8206(a)(2)(C)) In addition, if the identity
of the subscribing witness was established by a third party, or
credible witness, then the credible witness must also sign the notary's
official journal. (Government Code Section 8206(a)(2)(D))
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.
Steve is in the hospital and, therefore, cannot appear before Cathy,
the Notary Public, in order to get his signature notarized.
Steve's longtime friend, Joe, is at the hospital visiting Steve.
Steve tells Joe that he needs to get a document notarized. Since
Steve can't leave, he asks Joe, the Subscribing Witness, to get
the document notarized on his behalf. Steve could have either signed
the document in Joe's presence or had signed it prior to Joe's arrival.
If the document was signed prior to Joe's arrival, Steve would need
to have acknowledged to Joe at that time that he signed the document.
Steve then gives the document to Joe. Joe, who personally knows
Notary Public Cathy, goes to her office and advises her that Steve
wants to get the document notarized.
Joe must sign or have signed the document as the Subscribing Witness.
Cathy, in her capacity as a Notary Public, must place Joe under
oath. Under oath or affirmation, Joe then swears to Cathy that Steve
signed the document, that he personally knows Steve, and that Steve
asked him to get the document notarized.
Since Joe is the person who appeared before Cathy, Joe must sign
Cathy's notary public journal. Cathy notarizes Joe's signature and
then enters the information in her journal entry. In that Joe is
the subscribing witness and paper identification is not allowed,
Cathy does not enter Joe's driver's license in her journal. Joe
then takes the document back to Steve.
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
State of California
County of ______________ } ss.
On _____________ (date), before me, the undersigned, a notary public
for the state, personally appeared _________________ (subscribing
witness’s name), personally known to me (or proved to me on the
oath of _________________ [credible witness’s name], who is personally
known to me) to be the person whose name is subscribed to the within
instrument, as a witness thereto, who, being by me duly sworn, deposed
and said that he/she was present and saw/heard acknowledged _________________
(name[s] of principal[s]), the same person(s) described in and whose
name(s) is/are subscribed to the within and annexed instrument in
his/her/their authorized capacity(ies) as (a) party (ies) thereto,
execute the same, and that said affiant subscribed his/her name
to the within instrument as a witness at the request of _________________
(name[s] of principal[s]).
WITNESS my hand and official seal.
NOTARY SIGNATURE
NOTARY SEAL
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)
The signer's mark must be witnessed by two persons who must subscribe
their own names as witnesses on the document. One witness should
write the person's name next to the person's mark and then the witness
should sign his or her name as a witness. The witnesses are only
verifying that they witnessed the individual make his or her mark
on the signature line of the document. A notary public is not required
to identify the two persons who witnessed the signing by mark or
to have the two witnesses sign the notary's journal. Exception:
If the witnesses were acting in the capacity of credible witnesses
in establishing the identity of the person signing by mark, then
the witnesses' signatures must be entered in the notary's journal.
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:
State of California
County of
} 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.
WITNESS my hand and official seal.
NOTARY SIGNATURE
NOTARY SEAL
Note: It is not acceptable to affix a notary seal
and signature to a document without the notarial wording.
Powers of Attorney - Certifying
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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)
A suggested format for the certification is shown below. Other formats
with similar wording may also be acceptable.
SAMPLE CERTIFICATION OF POWER OF ATTORNEY
State of California
County of ______________ } ss.
I (name of notary) , Notary Public, certify that on (date) , I examined
the original power of attorney and the copy of the power of attorney.
I further certify that the copy is a true and correct copy of the
original power of attorney.
NOTARY SIGNATURE
NOTARY SEAL
Note: It is not acceptable to affix a notary seal
and signature to a document without the notarial wording.
Notarization of Incomplete Documents
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A notary public may not notarize a document which is incomplete.
If presented with a document for notarization which the notary knows
from his or her experience to be incomplete or is without doubt
on its face incomplete, the notary must refuse to notarize the document.
(Government Code Section 8205)
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
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The California State Bar advises that when a notary public is asked
to notarize a document which purports to be a will, the notary public
should decline and advise the person requesting the notarization
to consult a member of the California State Bar. If an attorney
recommends that the document be notarized, a notary may do so.
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
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The Secretary of State may refuse to appoint any person as notary
public or may revoke or suspend the commission of a notary public
for specific reasons. These reasons include but are not limited
to: a substantial misstatement or omission in the application; conviction
of a crime; failure to furnish the Secretary of State with certified
copies of the notary journal when requested to do so or to provide
information relating to official acts performed by the notary; charging
more than the fee prescribed by law; failure to complete the acknowledgment
at the time the notary's seal and signature are attached to the
document; executing a false certificate; failure to submit to the
Secretary of State any court ordered money judgment, including restitution;
and failure to secure the sequential journal or the official seal;
illegal advertising. (Government Code Sections 8205, 8219.5, 8223
and 8214.1)
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.
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Important Issues and Information
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Notary seals and journals - safeguarding
Notary seals and journals are the exclusive property of the notary
public. As a precautionary practice against possible fraud and misuse
by others, the Secretary of State’s Office has always suggested
that these items be stored in a secure area. Effective January 1,
1998 amendments to Government Code Sections 8206 and 8207 - - -Chapter
319, Statutes of 1997 (SB 618, Watson)- - - specifically addressed
these issues to clarify any misconceptions. Notary seals and journals
are the exclusive property of the notary public regardless of the
purchaser and are now required to be "kept in a locked and
secured area, under the direct and exclusive control of the notary."
The journal is to be surrendered only as stipulated in Government
Code Section 8206 and is not to be given to an employer upon termination
of employment. The seal is to be destroyed when no longer in use,
pursuant to Government Code Section 8207, and, like the journal,
is not to be given to an employer upon termination of employment.
Commissions
Like the notary journals and seals, a notary commission is the property
of the notary public, regardless of who paid the fees, with the
exception of those notaries commissioned on behalf of the state,
city, county, and public school districts, or on behalf of a military
reservation. Should a notary’s employment be terminated, the notary
may elect to retain or resign their commission. Should the notary
elect to retain their commission, the notary must notify the Secretary
of State of the new business address. If the notary elects to resign
their commission, it is the notary’s responsibility to notify the
Secretary of State in writing of such resignation and to deliver,
within 30 days of that resignation, all notarial journals, records
and papers to the county clerk’s office where their current oath
of office and bond are on file and to destroy the notary seal.
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
Government Code Section 8211 provides for a maximum fee that may
be charged for notary services, but California law does not require
that a fee be charged or that a specific amount be charged, provided
that the amount charged does not exceed the maximum. Many organizations
offer notary services at no charge to their customers. Other organizations,
while charging a fee to most customers, waive the fee for the elderly,
etc. The charging of a fee and the amount of the fee charged is
at the discretion of the notary or the notary’s employer. To avoid
possible problems, the fees charged (or not charged) should be consistent
from customer to customer.
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
Law requires that a notary public notify the Secretary of State
in writing, by certified mail, within 30 days of any change of business
or residence address. Upon the change of a business address, a notary
may elect to file a new oath of office and bond in the new county.
However, this is optional. Once commissioned, a notary may perform
notary services anywhere in the state. Statutes require that the
original oath and bond be filed in the county where the notary maintains
their principal place of business as shown in the application filed
with the Secretary of State, but is permissive as to whether or
not a change of county is recorded after the original oath and bond
filing should the notary move. Please refer to Government Code Section
8213. There is no fee for the processing of address change notifications.
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;
commission number and expiration date of the commission;
whether the address change is for the business, residence, and/or
for mailing purposes; and
new business, residence, and/or mailing address.
Please be sure the request is signed and dated by the notary. The
change of address can be submitted in letter form or, for your convenience,
an address change form will be provided upon request.
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.
A notary is not prohibited from notarizing documents for relatives,
unless doing so would provide a direct financial or beneficial interest
to the notary. With California's community property law, care should
be exercised if notarizing for a spouse.
A notary can notarize a document in a foreign language that they
are not familiar with, as a notary public is not responsible for
the contents of the document. The notary should be able to identify
the type of document being notarized for entry in the notary's journal.
If unable to identify the type of document, the notary must make
an entry to that effect in their journal, e.g. "a document
in a foreign language." The notary should be mindful of the
completeness of the document and should not notarize the document
if it appears to be incomplete. The notary is responsible for completing
the acknowledgment or jurat.
When notarizing a document, a notary must be able to communicate
with their customer in order for the signer to either swear to or
affirm the contents of an affidavit or to acknowledge the execution
of a document. An interpreter should not be used, as vital information
could be lost in the translation. If a notary is unable to communicate
with a customer, the customer should be referred to a notary who
speaks the customer's language.
Both the acknowledgment and the jurat contain language that the
signer personally appeared before the notary. While personal appearance
is required for the completion of the acknowledgment, the document
does not have to be signed in the presence of the notary. When completing
an acknowledgment, the signer affirms to the notary that they did,
in fact, sign the document. A jurat is affixed to a written statement
made by the signer, who takes an oath before the notary that the
information contained in the statement is correct and then signs
the document in the presence of the notary.
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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.
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Government Code
Notaries Public
(Chapter 3, Division 1, Title 2)
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§ 8200. Appointment and commission; number;
jurisdiction
The Secretary of State may appoint and commission notaries public
in such number as the Secretary of State deems necessary for the
public convenience. Notaries public may act as such notaries in
any part of this state.
§ 8201. Qualifications
Every person appointed as notary public shall:
(a) Be at the time of appointment a legal resident of this state,
except as otherwise provided in Section 8203.1.
(b) Be not less than 18 years of age.
(c) Have satisfactorily completed a written examination prescribed
by the Secretary of State to determine the fitness of the person
to exercise the functions of the office of notary public. All questions
shall be based on the law of this state as set forth in the booklet
of the laws of California relating to notaries public distributed
by the Secretary of State.
§ 8201.1. Additional qualifications; determination;
identification; fingerprints
Prior to granting an appointment as a notary public, the Secretary
of State shall determine that the applicant possesses the required
honesty, credibility, truthfulness, and integrity to fulfill the
responsibilities of the position. To assist in determining the identity
of the applicant and whether the applicant has been convicted of
a disqualifying crime specified in subdivision (b) of Section 8214.1,
the Secretary of State shall require that applicants be fingerprinted.
§ 8201.5. Application form; confidential nature;
use of information
The Secretary of State shall require an applicant for appointment
and commission as a notary public to complete an application form
prescribed by the Secretary of State. Information on this form filed
by an applicant with the Secretary of State, except for his name
and address, is confidential and no individual record shall be divulged
by an official or employee having access to it to any person other
than the applicant, his authorized representative, or an employee
or officer of the federal government, the state government, or a
local agency, as defined in subdivision (b) of Section 6252 of the
Government Code, acting in his official capacity. Such information
shall be used by the Secretary of State for the sole purpose of
carrying out the duties of this chapter.
§ 8202.5. State, county and school district
employees; certificates; expenses
The Secretary of State may appoint and commission the number of
state, city, county, and public school district employees as notaries
public to act for and on behalf of the governmental entity for which
appointed which the Secretary of State deems proper. Whenever a
notary is appointed and commissioned, a duly authorized representative
of the employing governmental entity shall execute a certificate
that the appointment is made for the purposes of the employing governmental
entity, and whenever the certificate is filed with any state or
county officer, no fees shall be charged by the officer for the
filing or issuance of any document in connection with the appointment.
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
A private employer, pursuant to an agreement with an employee who
is a notary public, may pay 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 such
notary public. Such agreement may also provide for the remission
of fees collected by such notary public to the employer, in which
case any fees collected or obtained by such notary public while
such agreement is in effect shall be remitted by such notary public
to the employer which shall deposit such funds to the credit of
the fund from which the compensation of the notary public is paid.
§ 8202.8. Private employers; limitation on
provision of notarial services
Notwithstanding any other provision of law, a private employer of
a notary public who has entered into an agreement with his or her
employee pursuant to Section 8202.7 may limit, during the employee's
ordinary course of employment, the providing of notarial services
by the employee solely to transactions directly associated with
the business purposes of the employer.
§ 8203.1. Military and naval reservations;
appointment and commission of notaries; qualifications
The Secretary of State may appoint and commission notaries public
for the military and naval reservations of the Army, Navy, Coast
Guard, Air Force, and Marine Corps of the United States, wherever
located in the state; provided, however, that such appointee shall
be a citizen of the United States, not less than 18 years of age,
and must meet the requirements set forth in subdivision (c) of Section
8201.
§ 8203.2. Military and naval reservations,
recommendation of commanding officer; jurisdiction of notary
Such notaries public shall be appointed only upon the recommendation
of the commanding officer of the reservation in which they are to
act, and they shall be authorized to act only within the boundaries
of this reservation.
§ 8203.3. Military and naval reservations,
qualifications of notaries
In addition to the qualifications established in Section 8203.1,
appointment will be made only from among those persons who are federal
civil service employees at the reservation in which they will act
as notaries public.
§ 8203.4. Military and naval reservations;
term of office; termination; resignation
The term of office shall be as set forth in Section 8204, except
that the appointment shall terminate if the person shall cease to
be employed as a federal civil service employee at the reservation
for which appointed. The commanding officer of the reservation shall
notify the Secretary of State of termination of employment at the
reservation for which appointed within 30 days of such termination.
A notary public whose appointment terminates pursuant to this section
will have such termination treated as a resignation.
§ 8203.5. Military and naval reservations,
jurat
In addition to the name of the State, the jurat shall also contain
the name of the reservation in which the instrument is executed.
§ 8203.6. Military and naval reservations,
fees
No fees shall be collected by such notaries public for service rendered
within the reservation in the capacity of a notary public.
§ 8204. Term of office
The term of office of a notary public is for four years commencing
with the date specified in the commission.
§ 8204.1. Cancellation of Commission; failure
to pay; notice
The Secretary of State may cancel the commission of a notary public
if a check or other remittance accepted as payment for the examination,
application, commission, and fingerprint fee is not paid upon presentation
to the financial institution upon which the check or other remittance
was drawn. Upon receiving written notification that the item presented
for payment has not been honored for payment, the Secretary of State
shall first give a written notice of the applicability of this section
to the notary public or the person submitting the instrument. Thereafter,
if the amount is not paid by a cashier’s check or the equivalent,
the Secretary of State shall give a second written notice of cancellation
and the cancellation shall thereupon be effective. This second notice
shall be given at least 20 days after the first notice, and no more
than 90 days after the commencement date of the commission.
§ 8205. Duties
(a) It is the duty of a notary public, when requested:
(1) To demand acceptance and payment of foreign and inland bills
of exchange, or promissory notes, to protest them for nonacceptance
and nonpayment, and, with regard only to the nonacceptance or nonpayment
of bills and notes, to exercise any other powers and duties that
by the law of nations and according to commercial usages, or by
the laws of any other state, government, or country, may be performed
by notaries.
(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) (1) A notary public shall keep one active sequential journal
at a time, of all official acts performed as a notary public. The
journal shall be kept in a locked and secured area, under the direct
and exclusive control of the notary. Failure to secure the journal
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.
(2) The journal shall be in addition to and apart from any copies
of notarized documents that may be in the possession of the notary
public and shall include all of the following:
(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 A notary public shall provide and keep
an official seal, which shall clearly show, when embossed, stamped,
impressed or affixed to a document, the name of the notary, the
State Seal, the words "Notary Public," and the name of the county
wherein the bond and oath of office are filed, and the date the
notary public's commission expires. The seal of every notary public
commissioned on or after January 1, 1992, shall contain the
sequential identification number assigned to the notary and the
sequential identification number assigned to the manufacturer or
vendor. The notary public shall authenticate with the official seal
all official acts. A notary public shall not
use the official notarial seal except for the purpose of carrying
out the duties and responsibilities as set forth in this chapter. A
notary public shall not use the title "notary public" except for the
purpose of rendering notarial service.
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 The Secretary of State
shall assign a sequential identification number to each notary which
shall appear on the notary commission. This
section shall become operative on January 1, 1992.
§ 8207.2.
Manufacture, duplication, and sale of seal or stamp; procedures and
guidelines for issuance of seals; certificate of authorization (a) No notary seal or press stamp shall be
manufactured, duplicated, sold, or offered for sale unless
authorized by the Secretary of State. (b)
The Secretary of State shall develop and implement procedures and
guidelines for the issuance of notary seals on or before January 1,
1992.
(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 (a) The Secretary of State shall issue
certificates of authorization with which a notary public can obtain
an official notary seal. (b) A vendor or
manufacturer is authorized to provide a notary with an official seal
only upon presentation by the notary public of a certificate of
authorization.
(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 (a) Any person who
willfully violates any part of Section 8207.1, 8207.2, 8207.3, or
8207.4 shall be subject to a civil penalty not to exceed one
thousand five hundred dollars ($1,500) for each violation, which may
be recovered in a civil action brought by the Attorney General or
the district attorney or city attorney, or by a city prosecutor in
any city and county. (b) The penalty
provided by this section is not an exclusive remedy, and does not
affect any other relief or remedy provided by law.
(c) This
section shall become operative on January 1, 1992.
§ 8208.
Protest of bill or note for nonacceptance or nonpayment The protest of a notary public, under his or her
hand and official seal, of a bill of exchange or promissory note for
nonacceptance or nonpayment, specifying any of the following is
prima facie evidence of the facts recited therein: (a) The time and place of presentment.
(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 (a) If any notary public resigns, is
disqualified, removed from office, or allows his or her appointment
to expire without obtaining reappointment within 30 days, all
notarial records and papers shall be delivered within 30 days to the
clerk of the county in which the notary public's current official
oath of office is on file. If the notary public willfully fails or
refuses to deliver all notarial records and papers to the county
clerk within 30 days, the person is guilty of a misdemeanor and
shall be personally liable for damages to any person injured by that
action or inaction. (b) In the case of the
death of a notary public, the personal representative of the
deceased shall promptly notify the Secretary of State of the death
of the notary public and shall deliver all notarial records and
papers of the deceased to the clerk of the county in which the
notary public's official oath of office is on file.
(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 Fees charged by a notary public for the
following services shall not exceed the fees prescribed by this
section. (a) For taking an acknowledgment or
proof of a deed, or other instrument, to include the seal and the
writing of the certificate, the sum of ten dollars ($10) for each
signature taken.
(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 Every person appointed a
notary public shall execute an official bond in the sum of fifteen
thousand dollars ($15,000). The bond shall be in the form of a bond
executed by an admitted surety insurer and not a deposit in lieu of
bond.
§ 8213.
Bonds and oaths; filing; certificate; copy of oath as evidence;
transfer to new county; name changes; fees (a) No later than 30 days after the beginning of
the term prescribed in the commission, every person appointed a
notary public shall file an official bond, and an oath of office in
the office of the county clerk of the county within which the person
maintains a principal place of business as shown in the application
submitted to the Secretary of State, and the commission shall not
take effect unless this is done within the 30-day period. A person
appointed to be a notary public shall take and subscribe the oath of
office either in the office of that county clerk or before another
notary public in that county. If the oath of office is taken and
subscribed before a notary public, the oath and bond may be filed
with the county clerk by certified mail. Upon the filing of the oath
and bond, the county clerk shall immediately transmit to the
Secretary of State a certificate setting forth the fact of the
filing and containing a copy of the official oath, personally signed
by the notary public in the form set forth in the commission and
shall immediately deliver the bond to the county recorder for
recording. The county clerk shall retain the oath of office for one
year following the expiration of the term of the commission for
which the oath was taken, after which the oath may be destroyed or
otherwise disposed of. The copy of the oath, personally signed by
the notary public, on file with the Secretary of State may at any
time be read in evidence with like effect as the original oath,
without further proof. (b) If a notary
public transfers the principal place of business from one county to
another, the notary public may file a new oath of office and bond,
or a duplicate of the original bond with the county clerk to which
the principal place of business was transferred. If the notary
public elects to make a new filing, the notary public shall, within
30 days of the filing, obtain an official seal which shall include
the name of the county to which the notary public has transferred.
In a case where the notary public elects to make a new filing, the
same filing and recording fees are applicable as in the case of the
original filing and recording of the bond.
(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
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