Notary Handbook 2010

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NOTARY PUBLIC

HANDBOOK

Published by

Debra Bowen

Secretary of StateNotary Public Section

2010


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January 2010

Dear Caliornian:

Welcome to the ocial source o laws relating to notaries public in Caliornia. A notary public

is a public ocial that perorms invaluable services or the legal, business, nancial, and real

estate communities. There are more than 225,000 notaries public in our state.

This Notary Public Handbookis designed to supplement your course o study, which will

prepare you or the notary public examination. Once commissioned, the Secretary o Statestrongly recommends that you keep yourNotary Public Handbookas a ready reerence to help

you perorm your duties.

A notary public who holds a current Caliornia notary public commission and who has completed

an approved six-hour course at least one time is required to take and satisactorily complete an

approved three-hour reresher course prior to reappointment as a notary public. Please note that

pursuant to Caliornia Government Code section 8201(b)(2), the three-hour reresher course

can only be used to satisy the education requirement i the notary public is applying or a new

commission beore the current commission has expired. I the notary publics commission hasexpired, the notary public must satisactorily complete a six-hour notary public education course

beore the individual can be appointed or another term, even i the individual already satisactorily

completed an approved six-hour course or a previous commission.

A copy o theNotary Public Handbook, inormation regarding the qualications and procedures

you must ollow to become a notary public, and Certicate o Acknowledgment and Jurat orms

are all available on the Secretary o States website at www.sos.ca.gov/business/notary/.

On behal o the people o Caliornia, thank you or your interest in serving our state as a notarypublic.

Sincerely,

Notary Public Section

Business Programs Division
http://www.sos.ca.gov/business/notary/http://www.sos.ca.gov/business/notary/


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Correspondence should be addressed to:

Mailing address: Business Programs Division

Notary Public Section

P.O. Box 942877

Sacramento, Caliornia 94277-0001

Location: 1500 11th Street

Sacramento, Caliornia 95814

(916) 653-3595

Website: www.sos.ca.gov/business/notary/

Approved Education Vendors: notaryeducation.sos.ca.gov
http://www.sos.ca.gov/business/notary/http://notaryeducation.sos.ca.gov/http://notaryeducation.sos.ca.gov/http://www.sos.ca.gov/business/notary/


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Page

General Inormation.................................................................................................................5

Appointment and Qualications .................................................................................5

Convictions .........................................................................................................5

Notary Public Education .....................................................................................5

Requirements and Time Limit or Qualiying ............................................................6

Notary Public Bond.....................................................................................................6

Geographic Jurisdiction ..............................................................................................6

Acts Constituting the Practice o Law ........................................................................6

Notary Public Seal ......................................................................................................7

Identication ...............................................................................................................8

Notary Public Journal .................................................................................................9

Confict o Interest ....................................................................................................10

Acknowledgment ......................................................................................................10

Jurat...........................................................................................................................12

Proo o Execution by a Subscribing Witness...........................................................12

Signature by Mark.....................................................................................................14

Powers o Attorney - Certiying................................................................................15

Notarization o Incomplete Documents ....................................................................16

Certied Copies ........................................................................................................16

Illegal Advertising .....................................................................................................16

Immigration Documents ...........................................................................................16

Condential Marriage Licenses ................................................................................16

Grounds or Denial, Revocation, or

Suspension o Appointment and Commission .....................................................17

Disciplinary Guidelines ............................................................................................17 Fees ...........................................................................................................................17

Change o Address ....................................................................................................18

Foreign Language .....................................................................................................18

Common Questions and Answers .............................................................................18

Government Code ..................................................................................................................23

Civil Code ..............................................................................................................................40

Code o Civil Procedure .........................................................................................................44Elections Code .......................................................................................................................45

Commercial Code ..................................................................................................................45

Probate Code..........................................................................................................................45

Penal Code .............................................................................................................................46

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5generalinformation

Appointment and QualicationsIn order to qualiy to become a notary public you must meet all o the ollowing requirements:

(Government Code section 8201)

BealegalresidentoftheStateofCalifornia;

Beatleast18yearsofage;

SatisfactorilycompleteacourseofstudyapprovedbytheSecretaryofState; PassawrittenexaminationprescribedbytheSecretaryofState;and

Passabackgroundcheck.

To determine i a person meets the requirements to ulll the responsibilities o the position,

a completed application and a 2 x 2 color passport photograph o the applicant shall be

submitted at the examination site, then orwarded to the Secretary o States oce and reviewed

by Secretary o State sta or qualiying inormation. (Government Code section 8201.5)

To assist the Secretary o State in determining the identity o an applicant and whether the

applicant has been convicted o a disqualiying crime, state law requires all applicants to be

ngerprinted as part o a thorough background check prior to being granted an appointment as

a notary public. (Government Code section 8201.1) Inormation concerning the ngerprinting

requirements will be mailed to candidates who pass the examination.

Convictions

Applicants are required to disclose on their applications all arrests or which trials are pending

and all convictions, including convictions that have been dismissed under Penal Code section

1203.4 or 1203.4a. I you have any questions concerning the disclosure o convictions or

arrests, contact the Secretary o States oce prior to signing the application. I you do not

recall the specics about your arrest(s) and/or conviction(s), you can contact the Caliornia

Department o Justice at (916) 227-3849.

The Secretary o State may deny an application or the ollowing reasons:

- Failuretodiscloseanyconviction;

- Convictionofafelony;or

- Conviction o a disqualiying lesser oense when less than 10 years have passed since

the completion o probation.

The applicant has the right to appeal the denial through the administrative hearing process.

(Government Code section 8214.3) For a complete list o reasons the Secretary o State may

deny an application, please reer to Government Code section 8214.1. Reer to the Secretary o

StatesNotary Public Disciplinary Guidelines (2001) or a list o the most common disqualiying

convictions. The disciplinary guidelines are available on the Secretary o States website or

can be mailed to you upon request.

Notary Public Education

All persons appointed on or ater July 1, 2005, are required to take and satisactorily complete

a six-hour course o study approved by the Secretary o State prior to appointment as a notary

public. Please note that all persons being appointed, no matter how many commission terms

held in the past, are required to take the initial six-hour course o study. (Government Code

section 8201(a)(3) and (b))

A notary public who holds a current Caliornia notary public commission and who has

completed an approved six-hour course at least one time is required to take and satisactorily

complete an approved three-hour reresher course prior to reappointment as a notary public.

The three-hour reresher course can only be used to satisy the education requirement i the

notary public is applying or a new commission beore their current commission has expired.

I the notary publics commission has expired, the individual must satisactorily complete a

six-hour notary public education course beore being appointed or another term, even i the

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6 generalinformation

individual already once satisactorily completed an approved six-hour course or a previous

commission.

The Secretary o State reviews and approves courses o study. These approved courses

include all the material that a person is expected to know to pass the written examination.

The Secretary o State compiles a list o all persons oering an approved course o study.

This list is available on the Secretary o States website or can be mailed to you upon request.(Government Code section 8201.2)

Requirements and Time Limit or Qualiying Once the commission has been issued, a person has 30 calendar days rom the beginning o

the term prescribed in the commission to take, subscribe, and le an oath o oce and le a

$15,000 surety bond with the county clerks oce. The commission does not take eect until the

oath and bond are led with the county clerks oce. The ling must take place in the county

where the notary public maintains a principal place o business as shown in the application

on le with the Secretary o State. I the oath and bond are not led 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 qualied

within the 30-calendar-day time limit. Government Code section 8213(a) permits the ling

o completed oaths and bonds by the applicable county clerk by certied mail. Exceptions

are not made to the 30-day ling requirement due to mail service delays, county clerk mail

processing delays, or or any other reason. I mailing an oath and bond to the county clerk,

sucient time must be allowed by the newly appointed notary public to ensure timely ling.

(Government Code sections 8212 and 8213)

Notary Public BondIn order to provide some protection to the public, Caliornia law requires every notary public

to le an ocial bond in the amount o $15,000. The notary public bond is not an insurance

policy or the notary public. The bond is designed only to provide a limited source o unds

or paying claims against the notary public. The notary public remains personally liable to the

ull extent o any damages sustained and may be required to reimburse the bonding company

or sums paid by the company because o misconduct or negligence o the notary public.

(Government Code sections 8212 to 8214)

Geographic JurisdictionA notary public can provide notarial services throughout the State o Caliornia. A notary

public is not limited to providing services only in the county where the oath and bond are on

le. In virtually all o the certicates the notary public is called on to complete, there will be

a venue heading such as State o Caliornia, County o ___________. The county named in

the heading in the notarial certicate is the county where the signer personally appeared beore

the notary public. (Government Code section 8200)

Acts Constituting the Practice o LawCaliornia notaries public are prohibited rom perorming any duties that may be construed

as the practice o law. Among the acts which constitute the practice o law are the preparation,

drating, or selection or determination o the kind o any legal document, or giving advice in

relation to any legal documents or matters. I asked to perorm such tasks, a Caliornia notary

public should decline and reer the requester to an attorney.

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7generalinformation

Notary Public SealEach 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 o the notary public, and must not be

surrendered to an employer upon termination o employment, whether or not the employer

paid or the seal, or to any other person.

Because o the legal requirement that the seal be photographically reproducible, the rubberstamp seal is almost universal. However, notaries public may use an embosser seal in addition

to the rubber stamp. The legal requirements or a seal are shown below. (Government Code

section 8207)

The seal must:

Bephotographicallyreproduciblewhenafxedtoadocument;

ContaintheStateSealandthewordsNotaryPublic;

Containthenameofthenotarypublicasshownonthecommission;

Containthenameofthecountywheretheoathofofceandnotarypublicbondareon

le;

Containtheexpirationdateofthenotarypublicscommission;

Containthesequentialidenticationnumber(commissionnumber)assignedtothenotary

public,aswellastheidenticationnumberassignedtothesealmanufacturerorvendor;

and

Becircularnotovertwoinchesindiameter,orbearectangularformofnotmorethan

one inch in width by two and one-hal inches in length, with a serrated or milled edged

border.

Many documents that are acknowledged may later be recorded. A document may not be

accepted by the recorder i the notary public seal is illegible. Notaries public are cautioned

to make sure that the notary public stamp leaves a clear impression. All the elements must be

discernible. The seal should not be placed over signatures or over any printed matter on the

document. An illegible or improperly placed seal may result in rejection o the document or

recordation and result in inconveniences and extra expenses or all those involved.

The law allows a limited exception when a notary public may authenticate an ocial act

without using an ocial notary public seal. Because subdivision maps usually are drawn on

a material that will not accept standard stamp pad ink and other acceptable inks are not as

readily available, acknowledgments or Caliornia subdivision map certicates may be notarized

without the ocial seal. The notary publics name, the county o the notary publics principal

place o business, and the commission expiration date must be typed or printed below orimmediately adjacent to the notary publics 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)

A notary public is guilty o a misdemeanor i the notary public willully ails to keep his or

her notary public seal under the notary publics direct and exclusive control or i the notary

public willully surrenders the notary publics seal to any person not authorized to possess it.

(Government Code section 8228.1)When the notary public commission is no longer valid, the notary public seal must be

destroyed to protect the notary public rom possible raudulent use by another. (Government

Code section 8207)

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Identication When completing a certicate o acknowledgment or a jurat, a notary public is required

to certiy to the identity o the signer o the document. (Civil Code sections 1185(a), 1189,

Government Code section 8202) Identity is established i the notary public is presented with

satisactory evidence o the signers identity. (Civil Code section 1185(a))

Satisactory Evidence Satisactory Evidence means the absence o any inormation,evidence, or other circumstances which would lead a reasonable person to believe that the

individual is not the individual he or she claims to be and (A) paper identication documents

or (B) the oath o a single credible witness or (C) the oaths o two credible witnesses under

penalty o perjury, as specied below:

A. Paper Identication Documents Identity o the signer can be established by the notary

publics reasonable reliance on the presentation o any one o the ollowing documents, i the

identication document is current or has been issued within ve years (Civil Code section

1185(b)(3) & (4)):

1. An identication card or drivers license issued by the Caliornia Department o Motor

Vehicles;

2. AUnitedStatespassport;

3. Other Caliornia-approved identication card, consisting o any one o the ollowing,

provided that it also contains a photograph, description o the person, signature o the person,

and an identiying number:

(a) A passport issued by a oreign government, provided that it has been stamped by the U.S.

ImmigrationandNaturalizationServiceortheU.S.CitizenshipandImmigrationServices;

(b) A drivers license issued by another state or by a Canadian or Mexican public agency

authorizedtoissuedriverslicenses;

(c) Anidenticationcardissuedbyanotherstate;

(d) A United States military identication card with the required photograph, description o

the person, signature o the person, and an identiying number. (Some military identication

cardsdonotcontainalltherequiredinformation.);

(e) An inmate identication card issued by the Caliornia Department o Corrections and

Rehabilitation,iftheinmateisincustody;or

() An employee identication card issued by an agency or oce o the State o Caliornia,

or an agency or oce o a city, county, or city and county in Caliornia.

Note: The notary public must include in his or her journal the type o identiying document, the

governmental agency issuing the document, the serial or identiying number o the document,and the date o issue or expiration o the document that was used to establish the identity o

the signer. (Government Code section 8206(a)(2)(D))

B. Oath o a Single Credible Witness The identity o the signer can be established by

the oath o a single credible witness whom the notary public personally knows. (Civil Code

section 1185(b)(1)) The notary public must establish the identity o the credible witness by

the presentation o paper identication documents as set orth above. Under oath, the credible

witness must swear or arm that each o the ollowing is true (Civil Code section 1185(b)(1)

(A)(i)-(v)):

1. The individual appearing beore the notary public as the signer o the document is thepersonnamedinthedocument;

2. Thecrediblewitnesspersonallyknowsthesigner;

3. The credible witness reasonably believes that the circumstances o the signer are

such that it would be very dicult or impossible or the signer to obtain another orm o

identication;

4. The signer does not possess any o the identication documents authorized by law to

establishthesignersidentity;and

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5. The credible witness does not have a nancial interest and is not named in the document

signed.

Note: The single credible witness must sign the notary publics journal or the notary public

must indicate in his or her journal the type o identiying document, the identiying number o

the document, and the date o issuance or expiration o the document presented by the witness

to establish the identity o the witness. (Government Code section 8206(a)(2)(D))C. Oaths o Two Credible Witnesses The identity o the signer can be established by the

oaths o two credible witnesses whom the notary public does not personally know. (Civil Code

section 1185(b)(2)) The notary public rst must establish the identities o the two credible

witnesses by the presentation o paper identication documents as listed above. Under oath,

the credible witnesses must swear or arm under penalty o perjury to each o the things sworn

to or armed by a single credible witness, as set orth above. (Civil Code sections 1185(b)(2)

and 1185(b)(1)(A)(i)-(v))

Note: The credible witnesses must sign the notary publics journal and the notary public must

indicate in his or her journal the type o identiying documents, the identiying numbers o the

documents, and the dates o issuance or expiration o the documents presented by the witnesses

to establish their identities. (Government Code section 8206(a)(2)(E))

Notary Public JournalA notary public is required to keep one active sequential journal at a time o all acts perormed

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 o the notary public. The journal

shall include the items shown below. (Government Code section 8206(a))

Date,timeandtypeofeachofcialact(e.g.,acknowledgment,jurat).

Characterofeveryinstrumentswornto,afrmed,acknowledgedorprovedbeforethe

notary public (e.g., deed o trust).

Thesignatureofeachpersonwhosesignatureisbeingnotarized.

Astatementthattheidentityofapersonmakinganacknowledgmentortakinganoath

or armation was based on satisactory evidence pursuant to Civil Code section 1185.

I satisactory evidence was based on:

1. Paper identication, the journal shall contain the type o identiying document, the

governmental agency issuing the document, the serial or identiying number o the document,

andthedateofissueorexpirationofthedocument;

2. A single credible witness personally known to the notary public, the journal shall contain

the signature o the credible witness or the type o identiying document, the governmentalagency issuing the document, the serial or identiying number o the document, and the date

ofissueorexpirationofthedocumentestablishingtheidentityofthecrediblewitness;or

3. Two credible witnesses whose identities are proven upon the presentation o satisactory

evidence, the journal shall contain the signatures o the credible witnesses and the type o

identiying document, the governmental agency issuing the document, the serial or identiying

number o the document, and the date o issue or expiration o the document establishing the

identity o the credible witnesses.

Thefeechargedforthenotarialservice.

Ifthedocumenttobenotarizedisadeed,quitclaimdeed,ordeedoftrustaffectingrealproperty or a power o attorney document, the notary public shall require the party signing

the document to place his or her right thumbprint in the journal. I the right thumbprint is

not available, then the notary public shall have the party use his or her let thumb, or any

available nger and shall so indicate in the journal. I the party signing the document is

physically unable to provide a thumb or ngerprint, the notary public shall so indicate in

the journal and shall also provide an explanation o that physical condition.

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I the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered

unusable, the notary public immediately must notiy the Secretary o State by certied or

registered mail. The notication must include the periods o journal entries, the notary public

commission number, the commission expiration date, and, when applicable, a photocopy o

the police report that lists the journal. (Government Code section 8206(b))

A notary public must respond within 15 business days ater the receipt o a written requestrom any member o the public or a copy o a transaction in the notary public journal by

supplying either a photostatic copy o a line item rom the notary publics journal or an

acknowledgment that no such line item exists. The written request shall include the name o

the parties, the type o document, and the month and year in which the document was notarized.

The cost to provide the requested inormation must not exceed thirty cents ($0.30) per page.

(Government Code sections 8206(c) and 8206.5)

The sequential journal is the exclusive property o the notary public and shall not be surrendered

to an employer upon termination o employment, whether or not the employer paid or the

journal, or at any other time. The circumstances in which the notary public must relinquish

the journal or permit inspection and copying o journal transactions and the procedures the

notary public must ollow are specied in Government Code section 8206(d).

A notary public is guilty o a misdemeanor i the notary public willully ails to properly

maintain the notary publics journal. (Government Code section 8228.1)

Within 30 days rom the date the notary public commission is no longer valid, the notary

public must deliver all notarial journals, records and papers to the county clerks oce where

the oath is on le. I the notary public willully ails or reuses to do so, the notary public is

guilty o a misdemeanor, and shall be personally liable or damages to any person injured by

that action or inaction. (Government Code section 8209) Any notarial journals, records and

papers delivered to the Secretary o State will be returned to the sender.

Confict o InterestA notary public is not prohibited rom notarizing or relatives or others, unless doing so

would provide a direct nancial or benecial interest to the notary public. With Caliornias

community property law, care should be exercised i notarizing or a spouse or a domestic

partner.

A notary public would have a direct nancial or benecial interest to a transaction in the

ollowing situations (Government Code section 8224):

Ifanotarypublicisnamed,individually,asaprincipaltoanancialtransaction. Ifa notarypublic is named,individually,as anyofthefollowingto a real property

transaction: beneciary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,

vendee, lessor, or lessee.

A notary public would not have a direct nancial or benecial interest in a transaction i

a notary public is acting in the capacity o an agent, employee, insurer, attorney, escrow, or

lender or a person having a direct nancial or benecial interest in the transaction.

I in doubt as to whether or not to notarize, the notary public should seek the advice o an

attorney.

AcknowledgmentThe orm most requently completed by the notary public is the certicate o acknowledgment.

The certicate o acknowledgment must be in the orm set orth in Civil Code section 1189.

In the certicate o acknowledgment, the notary public certies:

Thatthesignerpersonallyappearedbeforethenotarypubliconthedateindicatedinthe

countyindicated;

Totheidentityofthesigner;and

Thatthesigneracknowledgedexecutingthedocument.

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The notary public sequential journal mustcontain a statement that the identity o a person

making the acknowledgment or taking the oath or armation was based on satisactory

evidence. I identity was established based on the oath o a credible witness personally known

to the notary public, then the journal must contain the signature o the credible witness or the

type o identiying document used to establish the witness identity, the governmental agency

issuing the document, the serial or identiying number o the document, and the date o issueor expiration o the document. I the identity o the person making the acknowledgment or

taking the oath or armation was established by the oaths or armations o two credible

witnesses whose identities are proven to the notary public upon the presentation o satisactory

evidence, then the journal must contain the signatures o the credible witnesses and the type

o identiying documents, the identiying numbers o the documents and the dates o issuance

or expiration o the documents presented by the witnesses to establish their identities.

The certicate o acknowledgment must be lled completely out at the time the notary

publics signature and seal are axed. The certicate o acknowledgment is executed under

penalty o perjury. (Civil Code section 1189(a)(1))

The completion o a certicate o acknowledgment that contains statements that the notary public

knows to be alse not only may cause the notary public to be liable or civil penalties and administrative

action, but is also a criminal oense. The notary public who willully states as true any material act

known to be alse is subject to a civil penalty not exceeding $10,000. (Civil Code section 1189(a)(2))

A notary public may complete a certicate o acknowledgment required in another state or jurisdiction

o the United States on documents to be led in that other state or jurisdiction, provided the orm does

not require the notary public to determine or certiy that the signer holds a particular representative

capacity or to make other determinations and certications not allowed by Caliornia law.

Any certicate o acknowledgment taken within this state shall be in the ollowing orm:

State o Caliornia }County o _________On __________ beore me, (here insert name and title o the ocer), personally

appeared ______________________________________________________________

______________________________________________________________________

______________________________________________________________________

_____________________________________________________________________ ,who proved to me on the basis o satisactory evidence to be the person(s) whose name(s) is/aresubscribed 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 behal o which the person(s) acted, executed the instrument.

I certiy under PENALTY OF PERJURY under the laws o the State o Caliornia that the oregoing

paragraph is true and correct.

WITNESS my hand and ocial seal.

Notary Public Signature Notary Public Seal

Note: Key wording o an acknowledgment is personally appeared. An acknowledgment

cannot be axed to a document mailed or otherwise delivered to a notary public whereby

the signer did not personally appear beore the notary public, even i the signer is known by

the notary public. Also, a notary public seal and signature cannot be axed to a document

without the correct notarial wording.

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JuratThe second orm most requently completed by a notary public is the jurat. (Government Code

section 8202) The jurat is identied by the wording Subscribed and sworn to (or armed)

contained in the orm. In the jurat, the notary public certies:

Thatthesignerpersonallyappearedbeforethenotarypubliconthedateindicatedandin

thecountyindicated; Thatthesignersignedthedocumentinthepresenceofthenotarypublic;

Thatthenotarypublicadministeredtheoathorafrmation*;and

Totheidentityofthesigner.

Any jurat taken within this state shall be in the ollowing orm:

State o Caliornia

County o ________________

Subscribed and sworn to (or armed) beore me on this _____ day o _______, 20__,

by _______________________, proved to me on the basis o satisactory evidence to be

the person(s) who appeared beore me.


Note: Key wording o a jurat is subscribed and sworn to (or armed) beore me. A jurat

cannot be axed to a document mailed or otherwise delivered to a notary public whereby the

signer did not personally appear, take an oath, and sign in the presence o the notary public,

even i the signer is known by the notary public. Also, a notary public seal and signature cannot

be axed to a document without the correct notarial wording.

*There is no prescribed wording or the oath, but an acceptable oath would be Do you

swear or afrm that the statements in this document are true? When administering the oath,

the signer and notary public traditionally each raise their right hand but this is not a legal

requirement.

Proo o Execution by a Subscribing WitnessI a person, called the principal, has signed a document but does not personally appear beore

a notary public, another person can appear on the principals behal to prove the principalsigned (or executed) the document. That person is called a subscribing witness. (Code o

Civil Procedure section 1935)

A proo o execution by a subscribing witness cannot be used in conjunction with any

quitclaim deed, grant deed (other than a trustees deed or deed o reconveyance), mortgage,

deed o trust, or security agreement. (Government Code section 27287 and Civil Code section

1195(b))

The requirements or proo o execution by a subscribing witness are as ollows:

Thesubscribingwitnessmustprove(sayunderoath) that thepersonwhosigned the

document as a party, the principal, is the person described in the document, and thesubscribingwitnesspersonallyknowstheprincipal(CivilCodesection1197);and

Thesubscribingwitnessmustsay,underoath,thatthesubscribingwitnesssawtheprincipal

sign the document or in the presence o the principal heard the principal acknowledge

that the principal signed the document (Code o Civil Procedure 1935 and Civil Code

section1197);and

Thesubscribingwitnessmustsay,underoath,thatthesubscribingwitnesswasrequested

by the principal to sign the document as a witness and that the subscribing witness did so

(CodeofCivilProcedure1935andCivilCodesection1197);and

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Thenotarypublicmustestablishtheidentityofthesubscribingwitnessbytheoathof

a credible witness whom the notary personally knows and who personally knows the

subscribing witness. The credible witness must also present to the notary public any

identication document satisying the requirements or satisactory evidence as described

inCivilCodesection1185(b)(3)or(4)(CivilCodesection1196);and

The subscribingwitnessmust sign the notarypublicsofcial journal. The crediblewitness must sign the notary publics ocial journal or the notary public must record

in the notary publics ocial journal the type o identication document presented, the

governmental agency issuing the document, the serial number o the document, and the

date o issue or expiration o the document. (Government Code section 8206(a)(2)(C)

and (D))

Note: The identity o the subscribing witness must be established by the oath o a credible

witness who personally knows the subscribing witness and who is known personally by

the notary public. In addition, the credible witness must present an identication document

satisying the requirements o Civil Code section 1185(b)(3) or (4).

Because proo o execution by a subscribing witness is not commonly used, the ollowing

scenario is provided as an example o how proo by a subscribing witness may be used:

The principal, Paul, needs to have his signature on a document notarized. Paul is in the

hospital and cannot appear beore a notary public. So Paul asks a long time riend, Sue, to

visit the hospital and act as a subscribing witness. When Sue comes to the hospital, Sue must

watch Paul sign the document. I Paul has signed the document prior to Sues arrival, Paul

must say to Sue that Paul signed the document. Then Paul should ask Sue to sign the document

as a subscribing witness, and Sue must do so.Next, Sue must take the document to a notary public. Sue must bring a credible witness with

Sue to the notary public. Sue chooses Carl, a long time riend, as a credible witness because

Carl has worked with Nancy, the notary public, or several years. Thereore, Carl can act as

Sues credible witness.

Sue and Carl appear together beore Nancy. Nancy determines Nancy personally knows Carl

and also examines Carls Caliornia Drivers License to establish Carls identity. Then Nancy

puts Carl under oath. Under oath, Carl swears that Carl personally knows Sue, that Sue is the

person who signed the document as a subscribing witness, and Carl does not have a nancial

interest in the document signed by Paul and subscribed by Sue. Then Nancy puts Sue underoath. Under oath, Sue swears Sue personally knows Paul, that Paul is the person described as

a party in the document, that Sue watched Paul sign the document or heard Paul acknowledge

Paul signed the document, that Paul requested Sue sign the document as subscribing witness,

and that Sue did so.

Sue signs Nancys notary journal as a subscribing witness. Carl must sign Nancys notary

journal as a credible witness, or Nancy must record in Nancys notary journal the type o

identication document Carl presented, the governmental agency issuing the document, the

serial number o the document, and the date o issue or expiration o the document.

Nancy completes Nancys notary public journal entry. Nancy then completes a proo o

execution certicate and attaches the proo o execution certicate to the document. Sue

takes the notarized document back to Paul.

Civil Code section 1195 provides a proo o execution by a subscribing witness orm.

However, the orm does not comply with the statutory changes to Civil Code section 1196

eective January 1, 2009. The law allows that other ormats with similar wording are acceptable.

Following is a suggested ormat or the orm that complies with both Civil Code sections 1195

and 1196.

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Note: It is not acceptable to ax a notary public seal and signature to a document without

the notarial wording.

Signature by MarkWhen the signer o an instrument cannot write (sign) his or her name, that person may sign

the document by mark. (Civil Code section 14) The requirements or notarizing a signature

by mark are as ollows:

Thepersonsigningthedocumentbymarkmustbeidentiedbythenotarypublicby

satisactory evidence. (Civil Code section 1185)

Thesignersmarkmustbewitnessedbytwopersonswhomustsubscribetheirownnames

as witnesses on the document. One witness should write the persons name next to the

persons mark and then the witness should sign his or her name as a witness. The witnesses

are only veriying that they witnessed the individual make his or her mark on the document.

A notary public is not required to identiy the two persons who witnessed the signing bymark or to have the two witnesses sign the notary publics journal. Exception: I the

witnesses were acting in the capacity o credible witnesses in establishing the identity o

the person signing by mark, then the witnesses signatures must be entered in the notary

publics journal.

Thesignerbymarkmustincludehisorhermarkinthenotarypublicjournal.Toqualify

as a signature, the making o the mark in the notary public journal, must be witnessed by

an individual who must write the persons name next to the mark and then sign his or her

own name as a witness.

Following is an example o a document executed by signature by mark:

State o Caliornia } ss.County o _____________On _____________ (date), beore me, the undersigned, a notary public or the state,

personally appeared ______________________ (subscribing witnesss name), proved

to me to be the person whose name is subscribed to the within instrument, as a witness

thereto, on the oath o _________________ (credible witnesss name), a credible witness

who is known to me and provided a satisactory identiying document. ____________

(subscribing witnesss name) being by me duly sworn, deposed and said that he/she

was present and saw/heard ___________________ (name(s) o principal(s)), the same

person(s) described in and whose name(s) is/are subscribed to the within, or attached,

instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or

acknowledge executing the same, and that said aant subscribed his/her name to the within

instrument as a witness at the request o ________________ (name(s) o principal(s)).



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Note: A notary public seal and signature cannot be axed to a document without the correct

notarial wording.

Powers o Attorney - CertiyingA notary public can certiy copies o powers o attorney. A certied copy o a power o

attorney that has been certied by a notary public has the same orce and eect as the original

power o attorney. (Probate Code section 4307)

A suggested ormat or the certication is shown below. Other ormats with similar wording

may also be acceptable.

Note: A notary public seal and signature cannot be axed to a document without the correct

notarial wording.

State o Caliornia }County o _______________I (name o notary public) , Notary Public, certiy that on (date) , I examined

the original power o attorney and the copy o the power o attorney. I urther certiy that

the copy is a true and correct copy o the original power o attorney.


I, Bob Smith, give my power o attorney to Jane Brown to act as my attorney-in-act on all

matters pertaining to the handling o my estate, nances, and investments. This power o

attorney is to remain in eect until another document revoking this instrument has been

led o record thereby rendering this instrument null and void.

Date: Feb. 5, 2008 Name: By:

Witness #1

Witness #2

State o Caliornia

}

County o ___________

On February 5, 2008, beore me, John Doe, a notary public, personally appeared Bob Smith,

who proved to me on the basis o satisactory 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 behal o which the person(s) acted,

executed the instrument.

I certiy under PENALTY OF PERJURY under the laws o the State o Caliornia that the

oregoing paragraph is true and correct.



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Notarization o Incomplete DocumentsA notary public may not notarize a document that is incomplete. I presented with a document

or notarization, which the notary public knows rom his or her experience to be incomplete or

is without doubt on its ace incomplete, the notary public must reuse to notarize the document.


Certied CopiesA notary public may only certiy copies o powers o attorney under Probate Code section

4307 and his or her notary public journal. (Government Code sections 8205(a)(4), 8205(b)(1),

and 8206(e))

Certied copies o birth, etal death, death, and marriage records may be made only by the

State Registrar, by duly appointed and acting local registrars during their term o oce, and

by county recorders. (Health & Saety Code section 103545)

Illegal AdvertisingCaliornia law requires any non-attorney notary public who advertises notarial services ina language other than English to post a prescribed notice, in English and the other language,

that the notary public is not an attorney and cannot give legal advice about immigration or any

other legal matters. The notary public also must list the ees set by statute that a notary public

may charge or notarial services. In any event, a notary public may not translate into Spanish

the term Notary Public, dened as notario publico or notario, even i the prescribed

notice also is posted. A rst oense or violation o this law is grounds or the suspension or

revocation o a notary publics commission. A second oense is grounds or the permanent

revocation o a notary publics commission. (Government Code section 8219.5)

A notary public legally is barred rom advertising in any manner whatsoever that he or she

is a notary public i the notary public promotes himsel or hersel as an immigration specialist

or consultant. (Government Code section 8223)

Immigration DocumentsContrary to popular belie, there is no prohibition against notarizing immigration documents.

However, several laws specically outline what a notary public can and cannot do. Only a

person who is qualied and bonded as an immigration consultant under the Business and

Proessions Code may assist a client in completing immigration orms. A notary public may

not charge any individual more than ten dollars ($10) or each set o orms, unless the notary

public is also an attorney who is rendering proessional services as an attorney. (Government

Code section 8223)

Condential Marriage LicensesA notary public who is interested in obtaining authorization to issue condential marriage

licenses may apply or approval to the county clerk in the county in which the notary public

resides. A notary public must notissue a condential marriage license unless he or she is

approved by the county clerk having jurisdiction. The county clerk oers a course o instruction,

which a notary public must complete beore authorization will be granted. Additionally, in

order or a notary public toperorm the marriage, he/she must be one o the persons authorized

under Family Code sections 400 to 402 (e.g., priest, minister, or rabbi). The county clerk in

the county where the notary public resides may or may not approve the authorization to issue

condential marriage licenses. The county clerk should be consulted i the notary public is

interested in obtaining approval. (Family Code section 530)

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Grounds or Denial, Revocation, or

Suspension o Appointment and CommissionThe Secretary o State may reuse to appoint any person as notary public or may revoke or

suspend the commission o a notary public or specic reasons. These reasons include but are

notlimitedto:asubstantialmisstatementoromissionintheapplication;convictionofafelony

oradisqualifyingcriminalconviction;failuretofurnishtheSecretaryofStatewithcertiedcopies o the notary public journal when requested to do so or to provide inormation relating

toofcialactsperformedbythenotarypublic;chargingmorethanthefeeprescribedbylaw;

ailure to complete the acknowledgment at the time the notary publics seal and signature are

attachedtothedocument;executingafalsecerticate;failuretosubmittotheSecretaryofState

anycourtorderedmoneyjudgment,includingrestitution;failuretosecurethesequentialjournal

ortheofcialseal;willfulfailuretoreportthetheftorlossofthesequentialjournal;makinga

falsecerticateorwritingcontainingstatementsknowntobefalse;fraudrelatingtoadeedof

trust;impropernotarialacts;unlawfullyactingasanotary;lingfalseorforgeddocuments;

forgery;grandtheft;falselyobtainingpersonalinformation;willfulfailuretoprovideaccesstoajournalwhenrequestedbyapeaceofcer;andillegaladvertising.(GovernmentCode

sections 8205, 8214.1, 8219.5 and 8223)

In addition, the Secretary o State may deny the notary public application or suspend the

notary public commission o a person who has not complied with child or amily support

obligations. (Family Code section 17520)

Disciplinary GuidelinesThe Secretary o State has instituted disciplinary guidelines in order to acilitate due process

and to maintain consistency in reviewing applications, investigating alleged violations, andimplementing administrative actions. (Government Code section 8220)

The disciplinary guidelines are designed to assist administrative law judges, in addition to

attorneys, notaries public, applicants, and others involved in the disciplinary process. The

disciplinary guidelines are used to determine what action will be taken or violations o notary

public law. The disciplinary guidelines are available on the Secretary o States website or can

be mailed to you upon request.

FeesGovernment Code section 8211 species the maximum ees that may be charged or notary

public services. However, a notary public may decide to charge no ee or an amount that is less

than the maximum amount prescribed by law. The charging o a ee and the amount o the ee

charged is at the discretion o the notary public or the notary publics employer, provided it does

not exceed the maximum ees. The notary public is required to make an entry in the notary public

journal even i no ee was charged, such as no ee or 0. (Government Code section 8206)

Exceptions: 1) Pursuant to Government Code section 8203.6, no ees shall be collected

bynotariespublicappointedtomilitaryandnavalreservationsinaccordancewith8203.1;

2) Pursuant to Elections Code section 8080, no ee shall be collected by notaries public or

verifyinganynominationdocumentorcirculatorsafdavit;and3)PursuanttoGovernment

Code section 6107, no ee may be charged to a United States military veteran or notarization

o an application or a claim or a pension, allotment, allowance, compensation, insurance, or

any other veterans benet.

In addition, Government Code section 6100 requires any notary public who is appointed to

act or and on behal o certain public agencies, pursuant to Government Code section 8202.5,

to charge or all services and remit the ees received to the employing agency. Each ee charged

must be entered in the journal.

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Change o AddressA notary public is required to notiy the Secretary o State o any change o business or

residence address in writing, by certied mail, within 30 days. (Government Code section

8213.5) Willul ailure to notiy the Secretary o State o a change o address is punishable as

an inraction by a ne o not more than $500. (Government Code section 8213.5)

Upon the change o a business address to a new county, a notary public may elect to le a newoath o oce and bond in the new county. However, ling a new oath and bond is optional.

Once commissioned, a notary public may perorm notary public services anywhere in the state.

The original oath and bond must be led in the county where the notary publics principal place

o business is located as shown in the application led with the Secretary o State. Whether

or not a county transer is led with the new county ater the original oath and bond have

been led in the original county is permissive should the notary public move. (Government

Code section 8213) There is no ee or the processing o address change notications with

the Secretary o State.

Note: To ensure proper processing, please include the ollowing inormation when submitting

the written address change notication to the Secretary o State:

Nameofthenotarypublicexactlyasitappearsonthecommissioncerticate;

Commissionnumberandexpirationdateofthecommission;

Whethertheaddresschangeisforthebusiness,residence,and/orformailingpurposes;

and

Newbusiness,includingbusinessname,residence,and/ormailingaddress.

Be sure the address change notication is signed and dated by the notary public. The change

o address can be submitted in letter orm or, or convenience, an address change orm is

available on the Secretary o States website or can be mailed to you upon request.

Foreign Language A notary public can notarize a signature on a document in a oreign language with which

the notary public is not amiliar, since a notary publics unction only relates to the signature

and not the contents o the document. The notary public should be able to identiy the type

o document being notarized or entry in the notary publics journal. I unable to identiy the

type o document, the notary public must make an entry to that eect in the journal (e.g., a

document in a oreign language). The notary public should be mindul o the completeness

o the document and must not notarize the signature on the document i the document appears

to be incomplete. The notary public is responsible or completing the acknowledgment or juratorm. When notarizing a signature on a document, a notary public must be able to communicate

with the customer in order or the signer either to swear to or arm the contents o the adavit

or to acknowledge the execution o the document. An interpreter should not be used, as vital

inormation could be lost in the translation. I a notary public is unable to communicate with

a customer, the customer should be reerred to a notary public who speaks the customers

language.

Common Questions and Answers

Q. My neighbor o 20 years has asked me to notarize a document or her. Because Ihave known her all these years, do I still need to ask or proo o her identity?

A. Yes. An acknowledgment may not be taken or a jurat executed on the basis o personal

knowledge alone. Satisactory evidence o the signers identity must be provided and

noted in the journal.

Q. I am currently a commissioned notary public applying or reappointment without

a break in my commission. Am I still required to submit my ngerprints each

time I reapply?

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A. Yes. Eective January 1, 2008, all notary public applicants, whether or not they have

held a previous commission, must submit ngerprints to the Caliornia Department o

Justice or the purpose o a background check. The Department o Justice will orward

ngerprint images to the Federal Bureau o Investigation requesting a ederal summary

o criminal inormation that will be provided to the Secretary o State.

Q. I a person was convicted o a DUI, petty thet, trespass, or other crimes, will thatperson be disqualied rom becoming a notary public?

A. The Secretary o State cannot make a determination as to whether or not a person

meets the qualications to become a notary public until a thorough background check

has been completed. I you are concerned as to whether you may be disqualied rom

becoming a notary public based upon past conviction inormation, please reer to the

Notary Public Disciplinary Guidelines (2001), which also includes a list o the most

common disqualiying convictions. The disciplinary guidelines are available on the

Secretary o States website or can be mailed to you upon request.

Q. I had a conviction over 25 years ago. Do I still need to disclose this conviction on

my application?

A. Yes. There is no time limit or disclosure o convictions. I you have everbeen convicted,

including a conviction or a DUI, you must disclose the conviction on your application.

Failure to disclose all conviction inormation on each application or an appointment or

reappointment is grounds or denial.

Q. How soon can I take the test or reappointment i I currently hold a notary public

commission?

A. To avoid a break in commission terms, you should take the exam at least six months

prior to the expiration date o your current commission. Test results are valid or one

year rom the date o the examination. (Title 2, Caliornia Code o Regulations, section20803)

Q. I have been a notary public or over 20 years. Will I still be required to take the

initial six-hour approved course o study?

A. Yes. Everyone, including those notaries public who have held previous commission

terms, is required to complete the six-hour course o study rom an approved vendor

prior to reappointment as a notary public. A list o approved vendors is available on the

Secretary o States website or can be mailed to you upon request. (Government Code

section 8201(a)(3))

Q. Will I be required to take an approved course o study each time I apply orreappointment?

A. Yes. An applicant or notary public who holds a Caliornia notary public commission

and who has completed the initial six-hour course o study rom an approved vendor

will be required to complete a three-hour reresher course o study rom an approved

vendor prior to reappointment as a notary public or all subsequent terms. In order to

meet the requirement to take the three-hour reresher course, a person must apply or

reappointment beore the current commission expires. An applicant whose commission

expires beore application is made or a new commission must take an approved six-hour

course, even i the applicant previously has completed an approved six-hour course.(Government Code section 8201(b)(2))

Q. I have taken courses in the past prior to taking the exam. Will I still be required

to take the six-hour course?

A. Yes. In the past you were not required to take courses prior to being appointed as a

notary public and those courses were not approved by the Secretary o State. However,

now that mandatory education is one o the qualications you must meet in order to

become a notary public, you are required to complete the approved course o study.

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(Government Code section 8201(a)(3))

Q. I have completed my approved six-hour course o study and received my proo

o completion certicate. What do I do with it?

A. Once you have completed your six-hour course o study rom an approved vendor,

staple your proo o completion certicate to the application and take both items with

you to the exam. Q. Can a six-hour notary public education course be taken in place o a three-hour

reresher course?

A. Yes. A six-hour approved notary public education course satises the requirement

or a three-hour reresher course. A six-hour approved education course always

satises the education requirement, regardless i you are a new applicant or applying

or reappointment.

Q. What are the requirements or applicants to be eligible to take an approved

three-hour reresher education course?

A. A notary public who has previously completed an approved six-hour notary public

education course is eligible to take an approved three-hour reresher course i the

notary public has taken the notary public exam and submitted the application at the

exam site prior to the expiration date o the current commission.

Q. I applied or reappointment prior to the expiration date o my current notary

public commission and took an approved three-hour notary public education

course, but I ailed the notary public exam. What do I do now?

A. I you can take the exam again prior to the expiration date o your current commission,

the proo o completion certicate rom the three-hour course would still be valid.

Attach the proo o completion certicate to your application, along with a 2 x 2

color passport photo o yoursel and a check or twenty dollars ($20) when you goto the exam site. However, i your commission expires prior to retaking the exam,

you will be required to take an approved six-hour notary public course, even though

you already took an approved three-hour course. You will need to attach the proo

o completion certicate rom the approved six-hour notary public education course

to the application, along with a 2 x 2 color passport photo o yoursel and a check

or twenty dollars ($20).

Q. I have changed my business, mailing or home address. What do I do?

A. Send the Secretary o State a letter or a change o address orm by certied mail within

30 days o the change. (Government Code section 8213.5) Q. I have changed my business rom one county to another. What do I do?

A. Your commission allows you to notarize throughout the State o Caliornia, regardless

o where your oath and bond are on le. I the location o your business has changed,

you are required to send the Secretary o State an address change by certied mail

within 30 days o the change. I the address change is or your business, please include

the business name in your notication. I the address change includes a change o

county, you may choose to le a new oath o oce and bond in the county to which

your business has moved, however, a county transer is not required. To le a county

change, you must request an oath o oce orm rom the Secretary o State. The oathwillhavethenameofyouroriginalcounty;however,youmusttakeandleyouroath

o oce in the new county, checking the county transer box at the bottom o the oath

orm. You also must take a new bond or a duplicate o the original bond and le it

together with your oath o oce in the new county. A certicate o authorization to

manuacture a notary public seal will be sent to you once the Secretary o State has

received and processed your oath o oce led in the new county. Your stamp must

refect the county where your most recent oath and bond are led. (Government Code

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Q. Am I required to see the person sign the document at the time I perorm the

notarization?

A. No, not i you are preparing a certicate o acknowledgment. The document can be

executed beore the person brings it to you or notarization. In an acknowledgment,

the signer must personally appear beore you and acknowledge that the signer executed

the document, not that the signer executed the document in your presence. However,when preparing a jurat, the person requesting the jurat must appear beore you, take an

oath, and sign the document in your presence. In addition, or both an acknowledgment

and a jurat, the notary public must certiy to the identity o the signer. (Civil Code

section 1189 and Government Code section 8202)

Q. I lost my stamp or journal. What do I do?

A. Send a letter immediately by certied mail to the Secretary o State explaining what

happened and, i applicable, a photocopy o a police report. Upon written request,

the Secretary o State will send an authorization so you can have a new stamp made.

(Government Code sections 8206 and 8207.3(e))

Q. I have changed my name. What do I do?

A. Send a completed name change orm to the Secretary o State. Once approved, you will

be issued an amended commission that refects your new name. Next, you will need to

le a new oath o oce and an amendment to your bond with the county clerk within

30 days rom the date the amended commission was issued in order or the name change

to take eect. Within 30 days o the ling, you must obtain a new seal that refects

the new name. Once the amended oath and bond are led, you may no longer use the

commission, including the stamp, that was issued in your previous name. I you ail

to le your amended oath and bond within the 30-day time limit, the name change will

become void and your commission will revert back to the previous name and you willbe required to submit another name change application. (Government Code sections

8213 and 8213.6)

Q. I need to request a new certicate o authorization to have a new stamp made. Is

there a ee?

A. No. However, you must send the Secretary o State a written request or a certicate o

authorization. (Government Code section 8207.3(e))

Q. How do I resign my commission?

A. I you want to resign your commission, send a letter o resignation to the Secretary o

Statesofce;within30daysdeliverallofyournotarialjournals,recordsandpaperstothecountyclerkinwhichyourcurrentoathofofceisonle;anddestroyyourseal.


Q. I did not le my oath and bond on time. What do I do?

A. Ifyouareanewapplicantandtookanapprovedsix-hournotarypubliceducation

course, you must attach a current proo o completion certicate to a new application,

along with a 2 x 2 color passport photo o yoursel and a check or twenty dollars

($20). You will also need to have your ngerprints retaken at a Live Scan site.

Ifyouareanotarypublicseekingreappointmentandtookanapprovedthree-hour

notary public reresher education course, you will still need to take an approvedsix-hour course. The three-hour course no longer meets the education requirements

because your current commission has expired. You will need to attach the proo

o completion certicate or the six-hour course to a new application, along with a

2 x 2 color passport photo o yoursel and a check or twenty dollars ($20). You

will also need to have your ngerprints retaken at a Live Scan site.

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Ifyouareanotarypublicseekingreappointmentandtookanapprovedsix-hour

educationcourse,youmustattachacurrentproofofcompletioncerticatetoa

newapplication,alongwitha2x2colorpassportphotoofyourselfandacheck

fortwentydollars($20).Youwillalsoneedtohaveyourngerprintsretakenat aLiveScansite.

Q. Where can I get a Live Scan fngerprint orm?A. TheLiveScanngerprintformisavailableonlineattheSecretaryofStateswebsite

addresslistedinthefrontofthishandbookoruponrequestfromtheSecretaryofStates

ofce. Q. I have completed an approved course o study and taken the exam, but my currentcommission doesnt expire until another our months. When will I receive my new

commission?

A. Yournotarypubliccommissionforreappointmentwillbeissued30dayspriortothe

expirationdateofyourcurrentcommissionifyouhavecompliedwithalltherequirements

tobecomeanotarypublic.

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governmentcode 23

GOVERNMENT CODENotaries Public

(Chapter 3, Division 1, Title 2)

8200. Appointment and commission; number; jurisdiction

The Secretary o State may appoint and commission notaries public in such number as theSecretary o State deems necessary or the public convenience. Notaries public may act as

such notaries in any part o this state.

8201. Qualiications to be a notary publ ic; proo o course completion;

reappointment

(a) Every person appointed as notary public shall meet all o the ollowing requirements:

(1) Be at the time o appointment a legal resident o this state, except as otherwise provided

in Section 8203.1.

(2) Be not less than 18 years o age.

(3) For appointments made on or ater July 1, 2005, have satisactorily completed a six-hour

course o study approved by the Secretary o State pursuant to Section 8201.2 concerning the

unctions and duties o a notary public.

(4) Have satisactorily completed a written examination prescribed by the Secretary o State

to determine the tness o the person to exercise the unctions and duties o the oce o notary

public. All questions shall be based on the law o this state as set orth in the booklet o the

laws o Caliornia relating to notaries public distributed by the Secretary o State.

(b) (1) Commencing July 1, 2005, each applicant or notary public shall provide satisactory

proo that he or she has completed the course o study required pursuant to paragraph (3) o

subdivision (a) prior to approval o his or her appointment as a notary public by the Secretary

o State.

(2) Commencing July 1, 2005, an applicant or notary public who holds a Caliornia notary

public commission, and who has satisactorily completed the six-hour course o study required

pursuant to paragraph (1) at least one time, shall provide satisactory proo when applying

or reappointment as a notary public that he or she has satisactorily completed a three-hour

reresher course o study prior to reappointment as a notary public by the Secretary o State.

8201.1. Additional qualications; determination; identication; ngerprints

(a) Prior to granting an appointment as a notary public, the Secretary o State shall determine

that the applicant possesses the required honesty, credibility, truthulness, and integrity to ulll

the responsibilities o the position. To assist in determining the identity o the applicant andwhether the applicant has been convicted o a disqualiying crime specied in subdivision (b)

o Section 8214.1, the Secretary o State shall require that applicants be ngerprinted.

(b) Applicants shall submit to the Department o Justice ngerprint images and related

inormation required by the department or the purpose o obtaining inormation as to the

existence and content o a record o state and ederal convictions and arrests and inormation

as to the existence and content o a record o state and ederal arrests or which the department

establishes that the person is ree on bail, or on his or her recognizance, pending trial or

appeal.

(c) The department shall orward the ngerprint images and related inormation receivedpursuant to subdivision (a) to the Federal Bureau o Investigation and request a ederal summary

o criminal inormation.

(d) The department shall review the inormation returned rom the Federal Bureau o

Investigation and compile and disseminate a response to the Secretary o State pursuant to

paragraph (1) o subdivision (p) o Section 11105 o the Penal Code.

(e) The Secretary o State shall request rom the department subsequent arrest notication

service, pursuant to Section 11105.2 o the Penal Code, or each person who submitted

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() The department shall charge a ee sucient to cover the cost o processing the requests

described in this section.

8201.2. Review o course o study or notary public; approval o education course o

study, violation o regulations; civil penalties

(a) The Secretary o State shall review the course o study proposed by any vendor to be

oered pursuant to paragraph (3) o subdivision (a) and paragraph (2) o subdivision (b) oSection 8201. I the course o study includes all material that a person is expected to know to

satisactorily complete the written examination required pursuant to paragraph (4) o subdivision

(a) o Section 8201, the Secretary o State shall approve the course o study.

(b) (1) The Secretary o State shall, by regulation, prescribe an application orm and adopt a

certicate o approval or the notary public education course o study proposed by a vendor.

(2) The Secretary o State may also provide a notary public education course o study.

(c) The Secretary o State shall compile a list o all persons oering an approved course o

study pursuant to subdivision (a) and shall provide the list with every booklet o the laws o

Caliornia relating to notaries public distributed by the Secretary o State.

(d) (1) A person who provides notary public education and violates any o the regulations

adopted by the Secretary o State or approved vendors is subject to a civil penalty not to exceed

one thousand dollars ($1,000) or each violation and shall be required to pay restitution where

appropriate.

(2) The local district attorney, city attorney, or the Attorney General may bring a civil action

to recover the civil penalty prescribed pursuant to this subdivision. A public prosecutor shall

inorm the Secretary o State o any civil penalty imposed under this section.

8201.5. Application orm; condential nature; use o inormation

The Secretary o State shall require an applicant or appointment and commission as a notary

public to complete an application orm and submit a photograph o their person as prescribedby the Secretary o State. Inormation on this orm led by an applicant with the Secretary o

State, except or his or her name and address, is condential and no individual record shall be

divulged by an ocial or employee having access to it to any person other than the applicant,

his or her authorized representative, or an employee or ocer o the ederal government,

the state government, or a local agency, as dened in subdivision (b) o Section 6252 o the

Government Code, acting in his or her ocial capacity. That inormation shall be used by the

Secretary o State or the sole purpose o carrying out the duties o this chapter.

8202. Execution o jurat; administration o oath or armation to aant; attachment

to adavit(a) When executing a jurat, a notary shall administer an oath or armation to the aant and

shall determine, rom satisactory evidence as described in Section 1185 o the Civil Code,

that the aant is the person executing the document. The aant shall sign the document in

the presence o the notary.

(b) To any adavit subscribed and sworn to beore a notary, there shall be attached a jurat

in the ollowing orm:

State o Caliornia

County o _______________

Subscribed and sworn to (or armed) beore me on this _______ day o _______, 20__, by___________________, proved to me on the basis o satisactory evidence to be the person(s)

who appeared beore me.

Seal________________________________

Signature____________________________

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8202.5. State, county and school district employees; certicates; expenses

The Secretary o State may appoint and commission the number o state, city, county, and

public school district employees as notaries public to act or and on behal o the governmental

entity or which appointed which the Secretary o State deems proper. Whenever a notary is

appointed and commissioned, a duly authorized representative o the employing governmental

entity shall execute a certicate that the appointment is made or the purposes o the employinggovernmental entity, and whenever the certicate is led with any state or county ocer, no

ees shall be charged by the ocer or the ling or issuance o any document in connection

with the appointment.

The state or any city, county, or school district or which the notary public is appointed and

commissioned pursuant to this section may pay rom any unds available or its support the

premiums on any bond and the cost o any stamps, seals, or other supplies required in connection

with the appointment, commission, or perormance o the duties o the notary public.

Any ees collected or obtained by any notary public whose documents have been led without

charge and or whom bond premiums have been paid by the employer o the notary public

shall be remitted by the notary public to the employing agency which shall deposit the unds

to the credit o the und rom which the salary o the notary public is paid.

8202.7. Private employers; agreement to pay premium on bonds and costs o supplies;

remission o ees 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 o any stamps, seals, or other supplies required

in connection with the appointment, commission, or perormance o the duties o such notary

public. Such agreement may also provide or the remission o ees collected by such notary

public to the employer, in which case any ees collected or obtained by such notary public

while such agreement is in eect shall be remitted by such notary public to the employer whichshall deposit such unds to the credit o the und rom which the compensation o the notary

public is paid.

8202.8. Private employers; limitation on provision o notarial services

Notwithstanding any other provision o law, a private employer o a notary public who has

entered into an agreement with his or her employee pursuant to Section 8202.7 may limit,

during the employees ordinary course o employment, the providing o notarial services

by the employee solely to transactions directly associated with the business purposes o the

employer.

8203.1. Military and naval reservations; appointment and commission o notaries;qualications

The Secretary o State may appoint and commission notaries public or the military and

naval reservations o the Army, Navy, Coast Guard, Air Force, and Marine Corps o the United

States,whereverlocatedinthestate;provided,however,thattheappointeeshallbeacitizen

o the United States, not less than 18 years o age, and must meet the requirements set orth

in paragraphs (3) and (4) o subdivision (a) o Section 8201.

8203.2. Military and naval reservations, recommendation o commanding ocer;

jurisdiction o notary

Such notaries public shall be appointed only upon the recommendation o the commandingocer o the reservation in which they are to act, and they shall be authorized to act only

within the boundaries o this reservation.

8203.3. Military and naval reservations, qualications o notaries

In addition to the qualications established in Section 8203.1, appointment will be made

only rom among those persons who are ederal civil service employees at the reservation in

which they will act as notaries public.

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8203.4. Military and naval reservations; term o oce; termination; resignation

The term o oce shall be as set orth in Section 8204, except that the appointment shall

terminate i the person shall cease to be employed as a ederal civil service employee at the

reservation or which appointed. The commanding ocer o the reservation shall notiy the

Secretary o State o termination o employment at the reservation or which appointed within

30 days o such termination. A notary public whose appointment terminates pursuant to thissection will have such termination treated as a resignation.

8203.5. Military and naval reservations, jurat

In addition to the name o the State, the jurat shall also contain the name o the reservation

in which the instrument is executed.

8203.6. Military and naval reservations, ees

No ees shall be collected by such notaries public or service rendered within the reservation

in the capacity o a notary public.

8204. Term o oce

The term o oce o a notary public is or our years commencing with the date specied

in the commission.

8204.1. Cancellation o Commission; ailure to pay; notice

The Secretary o State may cancel the commission o a notary public i a check or other

remittance accepted as payment or the examination, application, commission, and ngerprint

ee is not paid upon presentation to the nancial institution upon which the check or other

remittance was drawn. Upon receiving written notication that the item presented or payment

has not been honored or payment, the Secretary o State shall rst give a written notice o

the applicability o this section to the notary public or the person submitting the instrument.

Thereater, i the amount is not paid by a cashiers check or the equivalent, the Secretary o

State shall give a second written notice o cancellation and the cancellation shall thereupon beeective. This second notice shall be given at least 20 days ater the rst notice, and no more

than 90 days ater the commencement date o the commission.

8205. Duties

(a) It is the duty o a notary public, when requested:

(1) To demand acceptance and payment o oreign and inland bills o exchange, or promissory

notes, to protest them or nonacceptance and nonpayment, and, with regard only to the

nonacceptance or nonpayment o bills and notes, to exercise any other powers and duties that

by the law o nations and according to commercial usages, or by the laws o any other state,

government, or country, may be perormed by notaries.(2) To take the acknowledgment or proo o advance health care directives, powers o

attorney, mortgages, deeds, grants, transers, and other instruments o writing executed by any

person, and to give a certicate o that proo or acknowledgment, endorsed on or attached to

the instrument. The certicate shall be signed by the notary public in the notary publics own

handwriting. A notary public may not accept any acknowledgment or proo o any instrument

that is incomplete.

(3) To take depositions and adavits, and administer oaths and armations, in all matters

incident to the duties o the oce, or to be used beore any court, judge, ocer, or board. Any

deposition, adavit, oath, or armation shall be signed by the notary public in the notarypublics own handwriting.

(4) To certiy copies o powers o attorney under Section 4307 o the Probate Code. The

certication shall be signed by the notary public in the notary publics own handwriting.

(b) It shall urther be the duty o a notary public, upon written request:

(1) To urnish to the Secretary o State certied copies o the notarys journal.

(2) To respond within 30 days o receiving written requests sent by certied mail rom the

Secretary o States oce or inormation relating to ocial acts perormed by the notary.

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8206. Sequential journal; contents; thumbprint; loss o journal; copies o pages;

exclusive property o notary public; limitations on surrender

(a) (1) A notary public shall keep one active sequential journal at a time, o all ocial acts

perormed as a notary public. The journal shall be kept in a locked and secured area, under

the direct and exclusive control o the notary. Failure to secure the journal shall be cause or

the Secretary o State to take administrative action against the commission held by the notarypublic pursuant to Section 8214.1.

(2) The journal shall be in addition to, and apart rom, any copies o notarized documents

that may be in the possession o the notary public and shall include all o the ollowing:

(A) Date, time, and type o each ocial act.

(B) Character o every instrument sworn to, armed, acknowledged, or proved beore the

notary.

(C) The signature o each person whose signature is being notarized.

(D) A statement as to whether the identity o a person making an acknowledgment or

taking an oath or armation was based on satisactory evidence. I identity was established

by satisactory evidence pursuant to Section 1185 o the Civil Code, the journal shall contain

the signature o the credible witness swearing or arming to the identity o the individual or

the type o identiying document, the governmental agency issuing the document, the serial

or identiying number o the document, and the date o issue or expiration o the document.

(E) I the identity o the person making the acknowledgment or taking the oath or armation

was established by the oaths or armations o two credible witnesses whose identities are

proven to the notary public by presentation o any document satisying the requirements o

paragraph (3) or (4) o subdivision (b) o Section 1185 o the Civil Code, the notary public

shall record in the journal the type o documents identiying the witnesses, the identiying

numbers on the documents identiying the witnesses, and the dates o issuance or expirationo the documents identiying the witnesses.

(F) The ee charged or the notarial service.

(G) I the document to be notarized is a deed, quitclaim deed, deed o trust aecting real

property, or a power o attorney document, the notary public shall require the party signing

the document to place his or her right thumbprint in the journal. I the right thumbprint is not

available, then the notary shall have the party use his or

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