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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 § 8228.
Enforcement of chapter; examination of notarial books, records, etc
§ 8230.
Identification of affiant; verification (b) An identification card or driver's license issued by the Department of Motor Vehicles. For the purposes of preparing for submission of forms required by the United States Immigration and Naturalization Service, and only for such purposes, a notary public may also accept for identification any documents or declarations acceptable to the United States Immigration and Naturalization Service. * * * § 1360.
Necessity of taking constitutional oath § 1362.
Administration by authorized officer § 6100.
Performance of services; officers; notaries public § 6107.
Veterans (2) Furnishing a certified copy of, or searching for, any public record which is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the armed forces of the United States or under any law of this state relating to veterans' benefits. (3) Furnishing a certified copy of, or searching for, any public record which is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration. (4) Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3). (b) The
services referred to in subdivision (a) shall be rendered on request
of a United States official, the claimant or applicant, or the
guardian, conservator, or attorney of the claimant or applicant, or
any other person acting on behalf of the claimant or applicant. A
public officer or employee is liable on his or her official bond for
failure or refusal to render the services. § 6108.
Oaths of office; claim against counties § 6109.
Receipt of fees; written account; officer liability § 6110.
Performance of services following payment; officer liability § 6203.
False certificate or writing by officer § 6707.
Last day for filing an instrument § 6800.
Computation of time in which act is to be done § 27287.
Acknowledgment of execution or proof by subscribing witness required
before recording; exceptions § 66433.
Content and form; application of article § 66436.
Statement of consent; necessity; exceptions; nonliability for
omission of signature; notary acknowledgment -------------------------------------------------------------------------------- Civil
Code § 14.
Words and phrases; construction; tense; gender; number § 1181.
Notaries public; officers before whom proof or acknowledgment may be
made (b) A county clerk. (c) A court commissioner. (d) A retired judge of a municipal or justice court. (e) A district attorney. (f) A clerk of a board of supervisors. (g) A city clerk. (h) A county counsel. (i) A city attorney. (j) Secretary of the Senate. (k) Chief
Clerk of the Assembly. § 1183.5.
Notarial acts On this
the __________ day of __________, 19____, before me _______________,
the undersigned officer, personally appeared ______________ known to
me (or satisfactorily proven) to be (a) serving in the armed forces
of the United States, (b) a spouse of a person serving in the armed
forces of the United States, or (c) a person serving with, employed
by, or accompanying the armed forces of the United States outside
the United States and outside the Canal Zone, Puerto Rico, Guam, and
the Virgin Islands, and to be the person whose name is subscribed to
the within instrument and acknowledged that he or she executed the
same. And the undersigned does further certify that he or she is at
the date of this certificate a commissioned officer of the armed
forces of the United States having the general powers of a notary
public under the provisions of Section 936 or 1044a of Title 10 of
the United States Code (Public Law 90-632 and 101-510). __________________________________________ Jurat; form. To any affidavit subscribed and sworn to before such officer there shall be attached a jurat substantially in the following form: Subscribed and sworn to before me on this __________ day of __________, 19____. __________________________________________ Recitals and evidence. The recitals contained in any such certificate or jurat shall be prima facie evidence of the truth thereof, and any certificate of acknowledgment, oath or affirmation purporting to have been made by any commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard shall, notwithstanding the omission of any specific recitals therein, constitute presumptive evidence of the existence of the facts necessary to authorize such acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section. § 1185.
Acknowledgments; requisites (c) For the purposes of this section "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: (1) The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness and that each of the following are true: (A) The person making the acknowledgment is the person named in the document. (B) The person making the acknowledgment is personally known to the witness. (C) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. (D) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (E) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of satisfactory evidence, that each statement in paragraph (1) of this subdivision is true. (3) Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five years: (A) An identification card or driver's license issued by the California Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Immigration and Naturalization Service: (A) A passport issued by a foreign government. (B) A driver's license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue drivers' licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the armed forces of the United States. (E) An inmate identification card issued on or after January 1, 1988, by the Department of Corrections, if the inmate is in custody. (F) An inmate identification card issued prior to January 1, 1988, by the Department of Corrections, if the inmate is in custody. (d) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. (e) Any party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. (f) Any
person convicted of perjury under this section shall forfeit any
financial interest in the document. § 1188.
Certificate of acknowledgment § 1189.
Certificate of acknowledgment; form; sufficiency of out of state
acknowledgment; force and effect of acknowledgment under prior laws
SAMPLE
CERTIFICATE OF ACKNOWLEDGMENT (b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. (c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, 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. (d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. § 1190.
Certificate of acknowledgment as prima facie evidence; duly
authorized person § 1193.
Certificate of acknowledgment; authentication § 1195.
Proof of execution; methods; certificate form By a
subscribing witness. By other witnesses, in cases mentioned in Section 1198. (b) Proof of the execution of a grant deed, mortgage, deed of trust, quitclaim deed, or security agreement is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustee’s deed or deed of reconveyance is permitted. (c) Any
certificate for proof of execution taken within this state may be in
the following form, although the use of other, substantially similar
forms is not precluded: SAMPLE
SUBSCRIBING WITNESS § 1196.
Subscribing witness; establishment of identity § 1197.
Subscribing witness; items to be proved § 1633.11. Notarization and signature under penalty of perjury requirements
§ 1633.12.Retaining records; electronic satisfaction
(b) A requirement to retain a record in accordance with subdivision (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subdivision (a) by using the services of another person if the requirements of subdivision (a) are satisfied. (d) If a law requires a record to be retained in its original form, or provides consequences if the record is not retained in its original form, that law is satisfied by an electronic record retained in accordance with subdivision (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a). (f) A record retained as an electronic record in accordance with subdivision (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for a specified purpose. (g) This
section does not preclude a governmental agency from specifying
additional requirements for the retention of a record subject to the
agency's jurisdiction. -------------------------------------------------------------------------------- Code of
Civil Procedure § 1935.
Subscribing witness defined § 2093.
Officers authorized to administer oaths or affirmations (2) This subdivision shall also apply to depositions taken by telephone or other remote electronic means as specified in Sections 2017 and 2025. (c) A former judge or justice of a court of record in this state who retired or resigned from office, other than a judge or justice who was retired by the Supreme Court for disability, shall have the power to administer oaths or affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance that there was no formal disciplinary proceeding pending at the time of retirement or resignation. Where no formal disciplinary proceeding was pending at the time of retirement or resignation, the Commission on Judicial Performance shall issue the certification. No law,
rule, or regulation regarding the confidentiality of proceedings of
the Commission on Judicial Performance shall be construed to
prohibit the Commission on Judicial Performance from issuing a
certificate as provided for in this section. § 2094.
Oath to witness; form -------------------------------------------------------------------------------- Business
and Professions Code § 22441.
Definitions; violations (c) "Compensation" means money, property, or anything else of value. (d) Every
person engaged in the business or acting in the capacity of an
immigration consultant shall only offer nonlegal assistance or
advice in an immigration matter as defined in subdivision (a). Any
act in violation of subdivision (a) is a violation of this chapter.
§ 22442.2
Posted notice; required information; written disclosure (1) The full name, address, and evidence of compliance with any applicable bonding requirement including the bond number, if any. (2) A statement that the consultant is not an attorney. (b) Prior
to providing any services, an immigration consultant shall provide
the client with a written disclosure that shall include the
immigration consultant's name, address, telephone number, agent for
service of process, and evidence of compliance with any applicable
bonding requirement, including the bond number, if any. § 22442.3
Literal translations; misleading use in documents; bonding
requirements (c) An
immigration consultant may not make or authorize the making of any
verbal or written references to his or her compliance with the
bonding requirements of Section 22443.1 except as provided in this
chapter. -------------------------------------------------------------------------------- Elections Code Back to the Table of Contents § 8080.
Fee for verification -------------------------------------------------------------------------------- Uniform Commercial Code Back to the Table of Contents § 3505.
Protest; Noting for Protest -------------------------------------------------------------------------------- Probate
Code § 4307.
Certified copies of power of attorney (1) An attorney authorized to practice law in this state. (2) A notary public in this state. (3) An official of a state or of a political subdivision who is authorized to make certifications. (c) The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney. (d)
Nothing in this section is intended to create an implication that a
third person may be liable for acting in good faith reliance on a
copy of a power of attorney that has not been certified under this
section. --------------------------------------------------------------------------------
Penal
Code § 17.
Felony; misdemeanor; infraction; classification of offenses § 115.5.
Filing false or forged documents relating to single-family
residences; punishment; false statement to notary public § 118.
Perjury defined; evidence necessary to support conviction (b) No
person shall be convicted of perjury where proof of falsity rests
solely upon contradiction by testimony of a single person other than
the defendant. Proof of falsity may be established by direct or
indirect evidence. § 126.
Punishment § 830.3.
Peace officers; employing agencies; authority
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