Notary Handbook 2011

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NOTARY PUBLIC

HANDBOOK

Published by

Debra Bowen

Secretary of StateNotary Public Section

2011





January 2011

Dear Caliornian:

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

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

estate communities. There are more than 184,000 notaries public in our state.

While there are no signicant statutory changes or 2011, this Notary Public Handbook is designed

to supplement your course o study, which will prepare you or the notary public examination.All statutory reerences are to Caliornia Codes, unless otherwise indicated. Once you are

commissioned, the Secretary o State strongly recommends that you keep your Notary Public

Handbook as 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 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 commissionbeore the current commission has expired. I the notary public’s commission has expired, the

notary public must satisactorily complete a six-hour notary public education course beore being

appointed or another term.

A copy o the Notary 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 State’s 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 notary

public.

Sincerely,

Notary Public & Special Filings Section

Business Programs Division

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://notaryeducation.sos.ca.gov/

http://notaryeducation.sos.ca.gov/




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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 .........................................................................................................44

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

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

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

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5general information

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 State’s 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 State’s 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

State’s Notary Public Disciplinary Guidelines 2001 or a list o the most common disqualiying

convictions. The disciplinary guidelines are available on the Secretary o State’s website or

can be mailed to you upon request.

Notary Public EducationAll 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 hascompleted 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 public’s 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 general information

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 vendors oering an approved course o study.

This list is available on the Secretary o State’s 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 clerk’s oce. The commission does not take eect until the

oath and bond are led with the county clerk’s 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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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;

• ContaintheStateSealandthewords“NotaryPublic”;

• Containthenameofthenotarypublicasshownonthecommission;

• Containthenameofthecountywheretheoathofofceandnotarypublicbondareon

le;

• Containtheexpirationdateofthenotarypublic’scommission;

• 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 bediscernible. 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 public’s name, the county o the notary public’s principal

place o business, and the commission expiration date must be typed or printed below or

immediately adjacent to the notary public’s signature on the acknowledgment. (GovernmentCode 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 public’s direct and exclusive control or i the notary

public willully surrenders the notary public’s 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 bedestroyed 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 signer’s 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

public’s 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 driver’s 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 driver’s license issued by another state or by a Canadian or Mexican public agency

authorizedtoissuedriver’slicenses;

(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 the

personnamedinthedocument; 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

establishthesigner’sidentity;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 public’s 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 public’s 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 governmental

agency 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,ordeedoftrustaffectingreal

property or a power o attorney document, the notary public shall require the party signingthe 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 public’s 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 public’s 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 clerk’s 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 Caliornia’s

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.

• If anotarypublic isnamed,individually,as anyof the following toa realproperty

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 holder,

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.

Acknowledgment

The 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 must contain 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

public’s 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 identifed by the wording “Subscribed and sworn to (or afrmed)”

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

• Thatthesignerpersonallyappearedbeforethenotarypubliconthedateindicatedandin

the county indicated;• 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 afrmed) 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 afrmed) beore me.” A jurat

cannot be afxed 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 afxed 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.

Proof of 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 principal’s behal to prove the principal

signed (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 trustee’s 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:

• The subscribingwitnessmustprove (sayunderoath) that thepersonwhosigned the

document as a party, the principal, is the person described in the document, and the

subscribing witness personally knows the principal (Civil Code section 1197); 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 section 1935 and Civil

Code section 1197); and

• Thesubscribingwitnessmustsay,underoath,thatthesubscribingwitnesswasrequested

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

(Code o Civil Procedure section 1935 and Civil Code section 1197); 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 notarypublic’sofcial journal. The crediblewitness must sign the notary public’s ocial journal or the notary public must record

in the notary public’s 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 Sue’s 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

Sue’s credible witness.

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

and also examines Carl’s Caliornia driver’s license to establish Carl’s 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 under

oath. Under oath, Sue swears Sue personally knows Paul, that Paul is the person described asa 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 Nancy’s notary journal as a subscribing witness. Carl must sign Nancy’s notary

journal as a credible witness, or Nancy must record in Nancy’s 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 Nancy’s 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 Mark

When the signer o an instrument cannot write (sign) his or her name, that person may signthe 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)

• Thesigner’smarkmustbewitnessedbytwopersonswhomustsubscribetheirownnames

as witnesses on the document. One witness should write the person’s name next to the

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

are only 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 by

mark or to have the two witnesses sign the notary public’s 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

public’s 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 person’s 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 witness’s name), provedto me to be the person whose name is subscribed to the within instrument, as a witness

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

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

(subscribing witness’s 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 examinedthe 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 in

a 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 public’s commission. A second oense is grounds or the permanent

revocation o a notary public’s commission. (Government Code section 8219.5)

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

attorney, a representative accredited by the U.S. Department o Justice, or a person who is

registered by the Secretary o State and bonded as an immigration consultant under the Business

and Proessions Code may assist a client in completing immigration orms. (Business andProessions Code section 22440) 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 not issue 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, inorder or a notary public to perform 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, orSuspension o Appointment and Commission

The 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 public’s 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, and

implementing 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 State’s 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 lessthan 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 public’s 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 by

notariespublicappointedtomilitaryandnavalreservationsinaccordancewith8203.1;2)Pursuant

to Elections Code section 8080, no ee shall be collected by notaries public or veriying any

nominationdocumentorcirculator’safdavit;3)PursuanttoGovernmentCodesection6106,no

ee shall be collected or services rendered in an adavit, application, or voucher in relation to

thesecuringofapension;4)PursuanttoGovernmentCodesection6107,nofeemaybechargedto a United States military veteran or notarization o an application or a claim or a pension,

allotment,allowance,compensation,insurance,oranyotherveteran’sbenet;and5)Pursuant

to Government Code section 8211(g) no ee can be charged to notarize signatures on vote by

mail ballot identication envelopes or other voting materials.

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,

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

must be entered in the journal.

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 asan 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 new

oath 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 public’s 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 isavailable on the Secretary o State’s 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 public’s 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 public’s 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 jurat

orm. 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 customer’s

language.

Common Questions and Answers Q. My neighbor o 20 years has asked me to notarize a document or her. Because I

have 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 signer’s identity must be provided and

noted in the journal.

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

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

time I reapply?

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 summaryo 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 that

person 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 State’s 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 ever been 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 monthsprior 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, section

20803)

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 State’s 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 or

reappointment?

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-hourcourse, 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,

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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.

(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 go

to 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 within30 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 countychange, you must request an oath o oce orm rom the Secretary o State. The oath

willhavethenameofyouroriginalcounty;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

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

sections 8213 and 8213.5)

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

notarization?

A. When preparing a jurat, the person requesting the jurat must appear beore you, take

an oath, and sign the document in your presence. When 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. For both a jurat and an acknowledgment, 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 ailto 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 will

be 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 State’sofce;within30daysdeliverallofyournotarialjournals,recordsandpapersto

thecountyclerkinwhichyourcurrentoathofofceisonle;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-hournotary public reresher education course, you will still need to take an approved

six-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

education 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.

Q. Where can I get a Live Scan ngerprint orm?A. The Live Scan ngerprint orm is available online at the Secretary o State’s website

address listed in the ront o this handbook or upon request rom the Secretary o State’s

oce.

Q. I have completed an approved course o study and taken the exam, but my current

commission doesn’t expire until another our months. When will I receive my new

commission?

A. Your notary public commission or reappointment will be issued 30 days prior to the

expiration date o your current commission i you have complied with all the requirements

to become a notary public.

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government code 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 public; 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 and

whether 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 received

pursuant to subdivision (a) to the Federal Bureau o Investigation and request a ederal summaryo 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

inormation pursuant to subdivision (a).

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government code24

() 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) o Section 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 andshall 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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government code 25

§ 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 employee’s 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;

qualicationsThe 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 commanding

ocer o the reservation in which they are to act, and they shall be authorized to act onlywithin 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 cashier’s 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 public’s 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 notary

public’s 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 public’s 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 notary’s journal.

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

Secretary o State’s oce or inormation relating to ocial acts perormed by the notary.

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government code 27

§ 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 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 thumbprint or ngerprint, the notary shall so indicate in the journal and shall also

provide an explanation o that physical condition. This paragraph shall not apply to a trustee’s

deed resulting rom a decree o oreclosure or a nonjudicial oreclosure pursuant to Section2924 o the Civil Code, nor to a deed o reconveyance.

(b) I a sequential journal o ocial acts perormed by a notary public is stolen, lost,

misplaced, destroyed, damaged, or otherwise rendered unusable as a record o notarial acts

and inormation, the notary public shall immediately notiy the Secretary o State by certied

or registered mail. The notication shall include the period o the journal entries, the notary

public commission number, and the expiration date o the commission, and when applicable,

a photocopy o any police report that species the thet o the sequential journal o ocial

acts.

(c) Upon written request o any member o the public, which request shall include the nameo the parties, the type o document, and the month and year in which notarized, the notary

shall supply a photostatic copy o the line item representing the requested transaction at a cost

o not more than thirty cents ($0.30) per page.

(d) The journal o notarial acts o a notary public is the exclusive property o that 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 notary public shall not

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surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or

immediately, or i the journal is not present then as soon as possible, upon request to a peace

ocer investigating a criminal oense who has reasonable suspicion to believe the journal

contains evidence o a criminal oense, as dened in Sections 830.1, 830.2, and 830.3 o the

Penal Code, acting in his or her ocial capacity and within his or her authority. I the peace

ocer seizes the notary journal, he or she must have probable cause as required by the lawso this state and the United States. A peace ocer or law enorcement agency that seizes a

notary journal shall notiy the Secretary o State by acsimile within 24 hours, or as soon as

possible thereater, o the name o the notary public whose journal has been seized. The notary

public shall obtain a receipt or the journal, and shall notiy the Secretary o State by certied

mail within 10 days that the journal was relinquished to a peace ocer. The notication shall

include the period o the journal entries, the commission number o the notary public, the

expiration date o the commission, and a photocopy o the receipt. The notary public shall

obtain a new sequential journal. I the journal relinquished to a peace ocer 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

o journal transactions by a duly designated auditor or agent o the notary public’s employer,

provided that the inspection and copying is done in the presence o the notary public and the

transactions are directly associated with the business purposes o the employer. The notary

public, upon the request o the employer, shall regularly provide copies o all transactions that

are directly associated with the business purposes o the employer, but shall not be required to

provide copies o any transaction that is unrelated to the employer’s business. Condentiality

and saekeeping o any copies o the journal provided to the employer shall be the responsibility

o that employer.

(e) The notary public shall provide the journal or examination and copying in the presenceo the notary public upon receipt o a subpoena duces tecum or a court order, and shall certiy

those copies i requested.

() Any applicable requirements o, or exceptions to, state and ederal law shall apply to a

peace ocer engaged in the search or seizure o a sequential journal.

§ 8206.5. Notaries; supplying photostatic copies on request; deending position in a

disciplinary proceeding

Upon receiving a request or a copy o a transaction pursuant to subdivision (c) o Section

8206, the notary shall respond to the request within 15 business days ater receipt o the request

and either supply the photostatic copy requested or acknowledge that no such line item exists.

In a disciplinary proceeding or noncompliance with subdivision (c) o Section 8206 or thissection, a notary may deend his or her delayed action on the basis o unavoidable, exigent

business or personal circumstances.

§ 8207. Seal

A notary public shall provide and keep an ocial seal, which shall clearly show, when

embossed, stamped, impressed or axed to a document, the name o the notary, the State Seal,

the words “Notary Public,” and the name o the county wherein the bond and oath o oce

are led, and the date the notary public’s commission expires. The seal o every notary public

commissioned on or ater January 1, 1992, shall contain the sequential identication number

assigned to the notary and the sequential identication number assigned to the manuactureror vendor. The notary public shall authenticate with the ocial seal all ocial acts.

A notary public shall not use the ocial notarial seal except or the purpose o carrying out

the duties and responsibilities as set orth in this chapter. A notary public shall not use the title

“notary public” except or the purpose o rendering notarial service.

The seal o every notary public shall be axed by a seal press or stamp that will print or

emboss a seal which legibly reproduces under photographic methods the required elements

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o the seal. The seal may be circular not over two inches in diameter, or may be a rectangular

orm o not more than one inch in width by two and one-hal inches in length, with a serrated

or milled edged border, and shall contain the inormation required by this section.

The seal shall be kept in a locked and secured area, under the direct and exclusive control o the

notary. Failure to secure the seal shall be cause or the Secretary o State to take administrative

action against the commission held by the notary public pursuant to Section 8214.1.The ocial seal o a notary public is the exclusive property o that notary public, and shall

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

employer paid or the seal, or to any other person. The notary, or his or her representative,

shall destroy or deace the seal upon termination, resignation, or revocation o the notary’s

commission.

This section shall become operative on January 1, 1992.

§ 8207.1. Identication number

The Secretary o State shall assign a sequential identication number to each notary which

shall appear on the notary commission.

This section shall become operative on January 1, 1992.

§ 8207.2. Manuacture, duplication, and sale o seal or stamp; procedures and guidelines

or issuance o seals; certicate o authorization

(a) No notary seal or press stamp shall be manuactured, duplicated, sold, or oered or sale

unless authorized by the Secretary o State.

(b) The Secretary o State shall develop and implement procedures and guidelines or the

issuance o notary seals on or beore January 1, 1992.

(c) The Secretary o State shall issue a permit with a sequential identication number to

each manuacturer or vendor authorized to issue notary seals. The Secretary o State may

establish a ee or the issuance o the permit which shall not exceed the actual costs o issuingthe permit.

(d) The Secretary o State shall develop a certicate o authorization to purchase a notary

stamp rom an authorized vendor.

(e) The certicate o authorization shall be designed to prevent orgeries and shall contain

a sequential identication number.

() This section shall become operative on January 1, 1992.

§ 8207.3. Certicates o authorization; authorization to provide seal; lost, misplaced,

damaged or otherwise unworkable seal

(a) The Secretary o State shall issue certicates o authorization with which a notary public

can obtain an ocial notary seal.(b) A vendor or manuacturer is authorized to provide a notary with an ocial seal only

upon presentation by the notary public o a certicate o authorization.

(c) A vendor o ocial seals shall note the receipt o certicates o authorization and

sequential identication numbers o certicates presented by a notary public upon a certicate

o authorization.

(d) A copy o a certicate o authorization shall be retained by a vendor and the original, which

shall contain a sample impression o the seal issued to the notary public, shall be submitted to

the Secretary o State or verication and recordkeeping. The Secretary o State shall develop

guidelines or submitting certicates o authorization by vendors.(e) Any notary whose ocial seal is lost, misplaced, destroyed, broken, damaged, or is

rendered otherwise unworkable shall immediately mail or deliver written notice o that act

to the Secretary o State. The Secretary o State, within ve working days ater receipt o the

notice, i requested by a notary, shall issue a certicate o authorization which a notary may

use to obtain a replacement seal.

() This section shall become operative on January 1, 1992.

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§ 8207.4. Violations; penalties

(a) Any person who willully violates any part o Section 8207.1, 8207.2, 8207.3, or 8207.4

shall be subject to a civil penalty not to exceed one thousand ve hundred dollars ($1,500) or

each violation, which may be recovered in a civil action brought by the Attorney General or

the district attorney or city attorney, or by a city prosecutor in any city and county.

(b) The penalty provided by this section is not an exclusive remedy, and does not aect anyother relie or remedy provided by law.

(c) This section shall become operative on January 1, 1992.

§ 8208. Protest o bill or note or nonacceptance or nonpayment

The protest o a notary public, under his or her hand and ocial seal, o a bill o exchange

or promissory note or nonacceptance or nonpayment, speciying any o the ollowing is prima

acie evidence o the acts recited therein:

(a) The time and place o presentment.

(b) The act that presentment was made and the manner thereo.

(c) The cause or reason or protesting the bill.

(d) The demand made and the answer given, i any, or the act that the drawee or acceptor

could not be ound.

§ 8209. Resignation, disqualication or removal o notary; records delivered to clerk;

misdemeanor; death; destruction o records

(a) I any notary public resigns, is disqualied, removed rom oce, or allows his or her

appointment to expire without obtaining reappointment within 30 days, all notarial records and

papers shall be delivered within 30 days to the clerk o the county in which the notary public’s

current ocial oath o oce is on le. I the notary public willully ails or reuses to deliver

all notarial records and papers to the county clerk within 30 days, the person is guilty o a

misdemeanor and shall be personally liable or damages to any person injured by that actionor inaction.

(b) In the case o the death o a notary public, the personal representative o the deceased

shall promptly notiy the Secretary o State o the death o the notary public and shall deliver

all notarial records and papers o the deceased to the clerk o the county in which the notary

public’s ocial oath o oce is on le.

(c) Ater 10 years rom the date o deposit with the county clerk, i no request or, or reerence

to such records has been made, they may be destroyed upon order o court.

§ 8211. Fees

Fees charged by a notary public or the ollowing services shall not exceed the ees prescribed

by this section.(a) For taking an acknowledgment or proo o a deed, or other instrument, to include the seal

and the writing o the certicate, the sum o ten dollars ($10) or each signature taken.

(b) For administering an oath or armation to one person and executing the jurat, including

the seal, the sum o ten dollars ($10).

(c) For all services rendered in connection with the taking o any deposition, the sum o

twenty dollars ($20), and in addition thereto, the sum o ve dollars ($5) or administering the

oath to the witness and the sum o ve dollars ($5) or the certicate to the deposition.

(d) For every protest or the nonpayment o a promissory note or or the nonpayment or

nonacceptance o a bill o exchange, drat, or check, the sum o ten dollars ($10).(e) For serving every notice o nonpayment o a promissory note or o nonpayment or

nonacceptance o a bill o exchange, order, drat, or check, the sum o ve dollars ($5).

() For recording every protest, the sum o ve dollars ($5).

(g) No ee may be charged to notarize signatures on vote by mail ballot identication envelopes

or other voting materials.

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(h) For certiying a copy o a power o attorney under Section 4307 o the Probate Code the

sum o ten dollars ($10).

(i) In accordance with 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 veteran’s benet.

§ 8212. Bond; amount; ormEvery person appointed a notary public shall execute an ocial bond in the sum o teen

thousand dollars ($15,000). The bond shall be in the orm o a bond executed by an admitted

surety insurer and not a deposit in lieu o bond.

§ 8213. Bonds and oaths; ling; certicate; copy o oath as evidence; transer to new

county; name changes; ees

(a) No later than 30 days ater the beginning o the term prescribed in the commission, every

person appointed a notary public shall le an ocial bond and an oath o oce in the oce o

the county clerk o the county within which the person maintains a principal place o business

as shown in the application submitted to the Secretary o State, and the commission shall not

take eect unless this is done within the 30-day period. A person appointed to be a notary

public shall take and subscribe the oath o oce either in the oce o that county clerk or

beore another notary public in that county. I the oath o oce is taken and subscribed beore

a notary public, the oath and bond may be led with the county clerk by certied mail. Upon

the ling o the oath and bond, the county clerk shall immediately transmit to the Secretary

o State a certicate setting orth the act o the ling and containing a copy o the ocial

oath, personally signed by the notary public in the orm set orth in the commission and shall

immediately deliver the bond to the county recorder or recording. The county clerk shall

retain the oath o oce or one year ollowing the expiration o the term o the commission

or which the oath was taken, ater which the oath may be destroyed or otherwise disposedo. The copy o the oath, personally signed by the notary public, on le with the Secretary o

State may at any time be read in evidence with like eect as the original oath, without urther

proo.

(b) I a notary public transers the principal place o business rom one county to another,

the notary public may le a new oath o oce and bond, or a duplicate o the original bond

with the county clerk to which the principal place o business was transerred. I the notary

public elects to make a new ling, the notary public shall, within 30 days o the ling, obtain

an ocial seal which shall include the name o the county to which the notary public has

transerred. In a case where the notary public elects to make a new ling, the same ling and

recording ees are applicable as in the case o the original ling and recording o the bond.(c) I a notary public submits an application or a name change to the Secretary o State,

the notary public shall, within 30 days rom the date an amended commission is issued, le a

new oath o oce and an amendment to the bond with the county clerk in which the principal

place o business is located. The amended commission with the name change shall not take

eect unless the ling is completed within the 30-day period. The amended commission

with the name change takes eect the date the oath and amendment to the bond is led with

the county clerk. I the principal place o business address was changed in the application

or name change, either a new or duplicate o the original bond shall be led with the county

clerk with the amendment to the bond. The notary public shall, within 30 days o the ling,obtain an ocial seal that includes the name o the notary public and the name o the county

to which the notary public has transerred, i applicable.

(d) The recording ee specied in Section 27361 o the Government Code shall be paid by the

person appointed a notary public. The ee may be paid to the county clerk who shall transmit

it to the county recorder.

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(e) The county recorder shall record the bond and shall thereater mail, unless specied to

the contrary, it to the person named in the instrument and, i no person is named, to the party

leaving it or recording.

§ 8213.5. Change in location or address o business or residence; notice

A notary public shall notiy the Secretary o State by certied mail within 30 days as to any

change in the location or address o the principal place o business or residence. A notarypublic shall not use a commercial mail receiving agency or post oce box as his or her principal

place o business or residence, unless the notary public also provides the Secretary o State

with a physical street address as the principal place o residence. Willul ailure to notiy the

Secretary o State o a change o address shall be punishable as an inraction by a ne o not

more than ve hundred dollars ($500).

§ 8213.6. Name changes; application; ling

I a notary public changes his or her name, the notary public shall complete an application

or name change orm and le that application with the Secretary o State. Inormation on

this orm shall be subject to the condentiality provisions described in Section 8201.5. Upon

approval o the name change orm, the Secretary o State shall issue a commission that refects

the new name o the notary public. The term o the commission and commission number shall

remain the same. Willul ailure to notiy the Secretary o State o a name change shall be

punishable as an inraction by a ne o not more than ve hundred dollars ($500).

§ 8214. Misconduct or neglect

For the ocial misconduct or neglect o a notary public, the notary public and the sureties

on the notary public’s ocial bond are liable in a civil action to the persons injured thereby

or all the damages sustained.

§ 8214.1. Grounds or reusal, revocation or suspension o commission

The Secretary o State may reuse to appoint any person as notary public or may revoke orsuspend the commission o any notary public upon any o the ollowing grounds:

(a) Substantial and material misstatement or omission in the application submitted to the

Secretary o State to become a notary public.

(b) Conviction o a elony, a lesser oense involving moral turpitude, or a lesser oense

o a nature incompatible with the duties o a notary public. A conviction ater a plea o nolo

contendere is deemed to be a conviction within the meaning o this subdivision.

(c) Revocation, suspension, restriction, or denial o a proessional license, i the revocation,

suspension, restriction, or denial was or misconduct based on dishonesty, or or any cause

substantially relating to the duties or responsibilities o a notary public.

(d) Failure to discharge ully and aithully any o the duties or responsibilities required o a notary public.

(e) When adjudicated liable or damages in any suit grounded in raud, misrepresentation,

or or a violation o the state regulatory laws, or in any suit based upon a ailure to discharge

ully and aithully the duties as a notary public.

() The use o alse 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 o law in violation o Section 6125 o the Business and Proessions Code.

(h) Charging more than the ees prescribed by this chapter.

(i) Commission o any act involving dishonesty, raud, or deceit with the intent tosubstantially benet 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

axed to the document.

(k) Failure to administer the oath or armation as required by paragraph (3) o subdivision

(a) o Section 8205.

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(l) Execution o any certicate as a notary public containing a statement known to the notary

public to be alse.

(m) Violation o Section 8223.

(n) Failure to submit any remittance payable upon demand by the Secretary o State under

this chapter or ailure to satisy any court-ordered money judgment, including restitution.

(o) Failure to secure the sequential journal o ocial acts, pursuant to Section 8206, orthe ocial seal, pursuant to Section 8207, or willul ailure to report the thet or loss o the

sequential journal, pursuant to subdivision (b) o Section 8206.

(p) Violation o Section 8219.5.

(q) Commission o an act in violation o Section 6203, 8214.2, 8225, or 8227.3 o the

Government Code or o Section 115, 470, 487, or 530.5 o the Penal Code.

(r) Willul ailure to provide access to the sequential journal o ocial acts upon request

by a peace ocer.

§ 8214.15. Civil penalties

(a) In addition to any commissioning or disciplinary sanction, a violation o subdivision (),

(i), (l), (m), or (p) o Section 8214.1 is punishable by a civil penalty not to exceed one thousand

ve hundred dollars ($1,500).

(b) In addition to any commissioning or disciplinary sanction, a violation o subdivision (h),

(j), or (k) o Section 8214.1, or a negligent violation o subdivision (d) o Section 8214.1 is

punishable by a civil penalty not to exceed seven hundred ty dollars ($750).

(c) The civil penalty may be imposed by the Secretary o State i a hearing is not requested

pursuant to Section 8214.3. I a hearing is requested, the hearing ocer shall make the

determination.

(d) Any civil penalties collected pursuant to this section shall be transerred to the General

Fund. It is the intent o the Legislature that to the extent General Fund moneys are raised bypenalties collected pursuant to this section, that money shall be made available to the Secretary

o State’s oce to deray its costs o investigating and pursuing commissioning and monetary

remedies or violations o the notary public law.

§ 8214.2. Fraud relating to deed o trust; single-amily residence; elony

(a) A notary public who knowingly and willully with intent to deraud perorms any notarial

act in relation to a deed o trust on real property consisting o a single-amily residence

containing not more than our dwelling units, with knowledge that the deed o trust contains

any alse statements or is orged, in whole or in part, is guilty o a elony.

(b) The penalty provided by this section is not an exclusive remedy and does not aect any

other relie or remedy provided by law.§ 8214.21. Failure to provide access to the sequential journal o notarial acts; civil

penalties

A notary public who willully ails to provide access to the sequential journal o notarial acts

when requested by a peace ocer shall be subject to a civil penalty not exceeding two thousand

ve hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may

be brought by the Secretary o State in an administrative proceeding or any public prosecutor

in superior court, and shall be enorced as a civil judgment. A public prosecutor shall inorm

the secretary o any civil penalty imposed under this section.

§ 8214.23. Failure to obtain thumbprint; civil penalties; limitations(a) A notary public who ails to obtain a thumbprint, as required by Section 8206, rom a

party signing a document shall be subject to a civil penalty not exceeding two thousand ve

hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be

brought by the Secretary o State in an administrative proceeding or any public prosecutor in

superior court, and shall be enorced as a civil judgment. A public prosecutor shall inorm the

secretary o any civil penalty imposed under this section.

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(b) Not withstanding any other limitation o time described in Section 802 o the Penal Code,

or any other provision o law, prosecution or a violation o this oense shall be commenced

within our years ater discovery o the commission o the oense, or within our years ater

the completion o the oense, whichever is later.

§ 8214.3. Hearing prior to denial or revocation o commission or imposition o civil

penalties; law governing; exceptionsPrior to a revocation or suspension pursuant to this chapter or ater a denial o a commission,

or prior to the imposition o a civil penalty, the person aected shall have a right to a hearing on

the matter and the proceeding shall be conducted in accordance with Chapter 5 (commencing

with Section 11500) o Part 1 o Division 3, except that a person shall not have a right to a

hearing ater a denial o an application or a notary public commission in either o the ollowing

cases:

(a) The Secretary o State has, within one year previous to the application, and ater

proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) o

Part 1 o Division 3, denied or revoked the applicant’s application or commission.

(b) The Secretary o State has entered an order pursuant to Section 8214.4 nding that the

applicant has committed or omitted acts constituting grounds or suspension or revocation o

a notary public’s commission.

§ 8214.4. Resignation or expiration o commission not a bar to investigation or

disciplinary proceedings

Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) o Part 1 o

Division 3, i the Secretary o State determines, ater proceedings conducted in accordance

with Chapter 5 (commencing with Section 11500) o Part 1 o Division 3, that any notary

public has committed or omitted acts constituting grounds or suspension or revocation o a

notary public’s commission, the resignation or expiration o the notary public’s commissionshall not bar the Secretary o State rom instituting or continuing an investigation or instituting

disciplinary proceedings. Upon completion o the disciplinary proceedings, the Secretary o

State shall enter an order nding the acts and stating the conclusion that the acts would or

would not have constituted grounds or suspension or revocation o the commission i the

commission had still been in eect.

§ 8214.5. Revocation o commission; ling copy with county clerk

Whenever the Secretary o State revokes the commission o any notary public, the Secretary

o State shall le with the county clerk o the county in which the notary public’s principal place

o business is located a copy o the revocation. The county clerk shall note such revocation

and its date upon the original record o such certicate.§ 8214.8. Revocation upon certain convictions

Upon conviction o any oense in this chapter, or o Section 6203, or o any elony, o a

person commissioned as a notary public, in addition to any other penalty, the court shall revoke

the commission o the notary public, and shall require the notary public to surrender to the

court the seal o the notary public. The court shall orward the seal, together with a certied

copy o the judgment o conviction, to the Secretary o State.

§ 8216. Release o surety

When a surety o a notary desires to be released rom responsibility on account o uture

acts, the release shall be pursuant to Article 11 (commencing with Section 996.110), and notby cancellation or withdrawal pursuant to Article 13 (commencing with Section 996.310), o

Chapter 2 o Title 14 o Part 2 o the Code o Civil Procedure. For this purpose the surety shall

make application to the superior court o the county in which the notary public’s principal place

o business is located and the copy o the application and notice o hearing shall be served on

the Secretary o State as the beneciary.

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§ 8219.5. Advertising in language other than English; posting o notice relating to legal

advice and ees; translation o notary public into Spanish; suspension

(a) Every notary public who is not an attorney who advertises the services o a notary public

in a language other than English by signs or other means o written communication, with the

exception o a single desk plaque, shall post with that advertisement a notice in English and

in the other language which sets orth the ollowing:(1) This statement: I am not an attorney and, thereore, cannot give legal advice about

immigration or any other legal matters.

(2) The ees 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 o State.

(c) Literal translation o the phrase “notary public” into Spanish, hereby dened as “notario

publico” or “notario,” is prohibited. For purposes o this subdivision, “literal translation” o a

word or phrase rom one language to another means the translation o a word or phrase without

regard to the true meaning o the word or phrase in the language which is being translated.

(d) The Secretary o State shall suspend or a period o not less than one year or revoke the

commission o any notary public who ails to comply with subdivision (a) or (c). However,

on the second oense the commission o such notary public shall be revoked permanently.

§ 8220. Rules and regulations

The Secretary o State may adopt rules and regulations to carry out the provisions o this

chapter.

The regulations shall be adopted in accordance with the Administrative Procedure Act

(Chapter 3.5 (commencing with Section 11340) o Part 1 o Division 3).

§ 8221. Destruction, deacement or concealment o records or papers; misdemeanor;

liability or damages(a) I any person shall knowingly destroy, deace, or conceal any records or papers belonging

to the oce o a notary public, such person shall be guilty o a misdemeanor and be liable in

a civil action or damages to any person injured as a result o such destruction, deacing, or

concealment.

(b) Notwithstanding any other limitation o time described in Section 802 o the Penal Code,




(c) The penalty provided by this section is not an exclusive remedy and does not aect any

other relie or remedy provided by law.§ 8222. Injunction; reimbursement or expenses

(a) Whenever it appears to the Secretary o State that any person has engaged or is about to

engage in any acts or practices which constitute or will constitute a violation o any provision

o this chapter or any rule or regulation prescribed under the authority thereo, the Secretary

o State may apply or an injunction, and upon a proper showing, any court o competent

jurisdiction has power to issue a permanent or temporary injunction or restraining order to

enorce the provisions o this chapter, and any party to the action has the right to prosecute an

appeal rom the order or judgment o the court.

(b) The court may order a person subject to an injunction or restraining order provided orin this section to reimburse the Secretary o State or expenses incurred in the investigation

related to the petition. The Secretary o State shall reund any amount received as reimbursement

should the injunction or restraining order be dissolved by an appellate court.

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§ 8223. Notary public with expertise in immigration matters; advertising status as

notary public; entry o inormation on orms; ee limitations

(a) No notary public who holds himsel or hersel out as being an immigration specialist,

immigration consultant or any other title or description refecting an expertise in immigration

matters shall advertise in any manner whatsoever that he or she is a notary public.

(b) A notary public qualied and bonded as an immigration consultant under Chapter 19.5(commencing with Section 22440) o Division 8 o the Business and Proessions Code may

enter data, provided by the client, on immigration orms provided by a ederal or state agency.

The ee or this service shall not exceed ten dollars ($10) per individual or each set o orms.

I notary services are perormed in relation to the set o immigration orms, additional ees

may be collected pursuant to Section 8211. This ee limitation shall not apply to an attorney,

who is also a notary public, who is rendering proessional services regarding immigration

matters.

(c) Nothing in this section shall be construed to exempt a notary public who enters data

on an immigration orm at the direction o a client, or otherwise perorms the services o an

immigration consultant, as dened by Section 22441 o the Business and Proessions Code,

rom the requirements o Chapter 19.5 (commencing with Section 22440) o Division 8 o

the Business and Proessions Code. A notary public who is not qualied and bonded as an

immigration consultant under Chapter 19.5 (commencing with Section 22440) o Division 8

o the Business and Proessions Code may not enter data provided by a client on immigration

orms nor otherwise perorm the services o an immigration consultant.

§ 8224. Confict o interest; nancial or benecial interest in transaction; exceptions

A notary public who has a direct nancial or benecial interest in a transaction shall not

perorm any notarial act in connection with such transaction.

For purposes o this section, a notary public has a direct nancial or benecial interest in atransaction i the notary public:

(a) With respect to a nancial 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, beneciary, vendor, vendee, lessor, or lessee, to the transaction.

For purposes o this section, a notary public has no direct nancial or benecial interest

in a transaction where the notary public acts 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.

§ 8224.1. Writings, depositions or adavits o notary public; prohibitions against proo

or taking by that notary public

A notary public shall not take the acknowledgment or proo o instruments o writing executed

by the notary public nor shall depositions or adavits o the notary public be taken by the

notary public.

§ 8225. Improper notarial acts, solicitation, coercion or infuence o perormance;

misdemeanor

(a) Any person who solicits, coerces, or in any manner infuences a notary public to perorm

an improper notarial act knowing that act to be an improper notarial act, including any act

required o a notary public under Section 8206, shall be guilty o a misdemeanor.(b) Notwithstanding any other limitation o time described in Section 802 o the Penal Code,




(c) The penalty provided by this section is not an exclusive remedy, and does not aect any

other relie or remedy provided by law.

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§ 8227.1. Unlawul acts by one not a notary public; misdemeanor

It shall be a misdemeanor or any person who is not a duly commissioned, qualied, and

acting notary public or the State o Caliornia to do any o the ollowing:

(a) Represent or hold himsel or hersel out to the public or to any person as being entitled

to act as a notary public.

(b) Assume, use or advertise the title o notary public in such a manner as to convey theimpression that the person is a notary public.

(c) Purport to act as a notary public.

§ 8227.3. Unlawul acts by one not a notary public; deeds o trust on single-amily

residences; elony

Any person who is not a duly commissioned, qualied, and acting notary public who does

any o the acts prohibited by Section 8227.1 in relation to any document or instrument aecting

title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed o

trust on, real property consisting o a single-amily residence containing not more than our

dwelling units, is guilty o a elony.

§ 8228. Enorcement o chapter; examination o notarial books, records, etc.

The Secretary o State or a peace ocer, as dened in Sections 830.1, 830.2, and 830.3 o

the Penal Code, possessing reasonable suspicion and acting in his or her ocial capacity and

within his or her authority, may enorce the provisions o this chapter through the examination

o a notary public’s books, records, letters, contracts, and other pertinent documents relating

to the ocial acts o the notary public.

§ 8228.1. Willul ailure to perorm duty or control notarial seal

(a) Any notary public who willully ails to perorm any duty required o a notary public

under Section 8206, or who willully ails to keep the seal o the notary public under the direct

and exclusive control o the notary public, or who surrenders the seal o the notary public toany person not otherwise authorized by law to possess the seal o the notary, shall be guilty o

a misdemeanor.

(b) Notwithstanding any other limitation o time described in Section 802 o the Penal Code






§ 8230. Identication o aant; verication

I a notary public executes a jurat and the statement sworn or subscribed to is contained ina document purporting to identiy the aant, and includes the birthdate or age o the person

and a purported photograph or nger or thumbprint o the person so swearing or subscribing,

the notary public shall require, as a condition to executing the jurat, that the person veriy the

birthdate or age contained in the statement by showing either:

(a) A certied copy o the person’s birth certicate, or

(b) An identication card or driver’s license issued by the Department o Motor Vehicles.

For the purposes o preparing or submission o orms required by the United States

Immigration and Naturalization Service, and only or such purposes, a notary public may

also accept or identication any documents or declarations acceptable to the United StatesImmigration and Naturalization Service.

***

§ 1360. Necessity o taking constitutional oath

Unless otherwise provided, beore any ocer enters on the duties o his oce, he shall take

and subscribe the oath or armation set orth in Section 3 o Article XX o the Constitution

o Caliornia.

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§ 1362. Administration by authorized ocer

Unless otherwise provided, the oath may be taken beore any ocer authorized to administer

oaths.

§ 6100. Perormance o services; ocers; notaries public

Ocers o the state, or o a county or judicial district, shall not perorm any ocial services

unless upon the payment o the ees prescribed by law or the perormance o the services,except as provided in this chapter.

This section shall not be construed to prohibit any notary public, except a notary public

whose ees are required by law to be remitted to the state or any other public agency, rom

perorming notarial services without charging a ee.

§ 6106. Pensions

Neither the State, nor any county or city, nor any public ocer or body acting in his ocial

capacity on behal o the State, any county, or city, including notaries public, shall receive any

ee or compensation or services rendered in an adavit, or application relating to the securing

o a pension, or the payment o a pension voucher, or any matter relating thereto.

§ 6107. Veterans

(a) No public entity, including the state, a county, city, or other political subdivision, nor

any ocer or employee thereo, including notaries public, shall demand or receive any ee or

compensation or doing any o the ollowing:

(1) Recording, indexing, or issuing certied copies o any discharge, certicate o service,

certicate o satisactory service, notice o separation, or report o separation o any member

o the Armed Forces o the United States.

(2) Furnishing a certied copy o, or searching or, any public record that is to be used in an

application or claim or a pension, allotment, allowance, compensation, insurance (including

automatic insurance), or any other benets under any act o Congress or service in the ArmedForces o the United States or under any law o this state relating to veterans’ benets.

(3) Furnishing a certied copy o, or searching or, any public record that is required by the

Veterans Administration to be used in determining the eligibility o any person to participate

in benets made available by the Veterans Administration.

(4) Rendering any other service in connection with an application or claim reerred to in

paragraph (2) or (3).

(b) A certied copy o any record reerred to in subdivision (a) may be made available only

to one o the ollowing:

(1) The person who is the subject o the record upon presentation o proper photo

identication.(2) A amily member or legal representative o the person who is the subject o the record

upon presentation o proper photo identication and certication o their relationship to the

subject o the record.

(3) A county oce that provides veteran’s benets services upon written request o that

oce.

(4) A United States ocial upon written request o that ocial. A public ocer or employee

is liable on his or her ocial bond or ailure or reusal to render the services.

§ 6108. Oaths o oce; claim against counties

No ocer o a county or judicial district shall charge or receive any ee or compensation oradministering or certiying the oath o oce or or ling or swearing to any claim or demand

against any county in the State.

§ 6109. Receipt o ees; written account; ocer liability

Every ocer o a county or judicial district, upon receiving any ees or ocial duty or

service, may be required by the person paying the ees to make out in writing and to deliver

to the person a particular account o the ees. The account shall speciy or what the ees,

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government code 39

respectively, accrued, and the ocer shall receipt it. I the ocer reuses or neglects to do so

when required, he is liable to the person paying the ees in treble the amount so paid.

§ 6110. Perormance o services ollowing payment; ocer liability

Upon payment o the ees required by law, the ocer shall perorm the services required.

For every ailure or reusal to do so, the ocer is liable upon his ocial bond.

§ 6203. False certicate or writing by ocer(a) Every ocer authorized by law to make or give any certicate or other writing is guilty

o a misdemeanor i he or she makes and delivers as true any certicate or writing containing

statements which he or she knows to be alse.

(b) Notwithstanding any other limitation o time described in Section 802 o the Penal Code,






§ 6800. Computation o time in which act is to be done

The time in which any act provided by law is to be done is computed by excluding the rst

day, and including the last, unless the last day is a holiday, and then it is also excluded.

§ 27287. Acknowledgment o execution or proo by subscribing witness required beore

recording; exceptions

***beforeaninstrumentcanberecordeditsexecutionshallbeacknowledgedbytheperson

executing it, or i executed by a corporation, by its president or secretary or other person

executing it on behal o the corporation, or, except or any quitclaim deed or grant deed other

than a trustee’s deed or a deed o reconveyance, mortgage, deed o trust, or security agreement,

proved by subscribing witness or as provided in Sections 1198 and 1199 o the Civil Code,and the acknowledgment or proo certied as prescribed by law.

§ 66433. Content and orm; application o article

The content and orm o nal maps shall be governed by the provisions o this article.

§ 66436. Statement o consent; necessity; exceptions; nonliability or omission o

signature; notary acknowledgment

(a) A statement, signed and acknowledged by all parties having any record title interest in

the subdivided real property, consenting to the preparation and recordation o the nal map is

required,***

(c) A notary acknowledgment shall be deemed complete or recording without the ocial

seal o the notary, so long as the name o the notary, the county o the notary’s principalplace o business, and the notary’s commission expiration date are typed or printed below or

immediately adjacent to the notary’s signature in the acknowledgment.

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40 civil code

CIVIL CODE

§ 14. Words and phrases; construction; tense; gender; number

***signatureorsubscriptionincludesmark,whenthepersoncannotwrite,hisnamebeing

writtennearit,byapersonwhowriteshisownnameasawitness;provided,thatwhena

signature is by mark it must in order that the same may be acknowledged or may serve as thesignature to any sworn statement be witnessed by two persons who must subscribe their own

namesaswitnessesthereto.***

§ 1181. Notaries public; ocers beore whom proo or acknowledgment may be made

The proo or acknowledgment o an instrument may be made beore a notary public at any

place within this state, or within the county or city and county in this state in which the ocer

specied below was elected or appointed, beore either:

(a) A clerk o a superior court.

(b) A county clerk.

(c) A court commissioner.

(d) A retired judge o a municipal or justice court.

(e) A district attorney.

() A clerk o a board o supervisors.

(g) A city clerk.

(h) A county counsel.

(i) A city attorney.

(j) Secretary o the Senate.

(k) Chie Clerk o the Assembly.

§ 1185. Acknowledgments; requisites

(a) The acknowledgment o an instrument shall not be taken unless the ocer taking it hassatisactory evidence that the person making the acknowledgment is the individual who is

described in and who executed the instrument.

(b) For the purposes o this section “satisactory evidence” means the absence o inormation,

evidence, or other circumstances that 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 o the

ollowing:

(1)(A) The oath or armation o a credible witness personally known to the ocer, whose

identity is proven to the ocer upon presentation o a document satisying the requirements

o paragraph (3) or (4), that the person making the acknowledgment is personally known to

the witness and that each o the ollowing are true:(i) The person making the acknowledgment is the person named in the document.

(ii) The person making the acknowledgment is personally known to the witness.

(iii) That it is the reasonable belie o the witness that the circumstances o the person making

the acknowledgment are such that it would be very dicult or impossible or that person to

obtain another orm o identication.

(iv) The person making the acknowledgment does not possess any o the identication

documents named in paragraphs (3) and (4).

(v) The witness does not have a nancial interest in the document being acknowledged and

is not named in the document.(B) A notary public who violates this section by ailing to obtain the satisactory evidence

required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand

dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary o

State in an administrative proceeding or a public prosecutor in superior court, and shall be

enorced as a civil judgment. A public prosecutor shall inorm the secretary o any civil penalty

imposed under this subparagraph.

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41civil code

(2) The oath or armation under penalty o perjury o two credible witnesses, whose identities

are proven to the ocer upon the presentation o any document satisying the requirements o

paragraph (3) or (4), that each statement in paragraph (1) is true.

(3) Reasonable reliance on the presentation to the ocer o any one o the ollowing, i the

document is current or has been issued within ve years:

(A) An identication card or driver’s license issued by the Department o Motor Vehicles.(B) A passport issued by the Department o State o the United States.

(4) Reasonable reliance on the presentation o any one o the ollowing, provided that a

document specied in subparagraphs (A) to (F), inclusive, shall either be current or have been

issued within ve years and shall contain a photograph and description o the person named

on it, shall be signed by the person, shall bear a serial or other identiying number, and, in the

event that the document is a passport, shall have been stamped by the United States Citizenship

and Immigration Services o the Department o Homeland Security:

(A) A passport issued by a oreign government.

(B) A driver’s license issued by a state other than Caliornia or by a Canadian or Mexican

public agency authorized to issue driver’s licenses.

(C) An identication card issued by a state other than Caliornia.

(D) An identication card issued by any branch o the Armed Forces o the United States.

(E) An inmate identication card issued on or ater January 1, 1988, by the Department o

Corrections and Rehabilitation, i the inmate is in custody.

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

or by an agency or oce o a city, county, or city and county in this state.

(G) An inmate identication card issued prior to January 1, 1988, by the Department o

Corrections and Rehabilitation, i the inmate is in custody.

(c) An ocer who has taken an acknowledgment pursuant to this section shall be presumedto have operated in accordance with the provisions o law.

(d) A party who les an action or damages based on the ailure o the ocer to establish

the proper identity o the person making the acknowledgment shall have the burden o proo

in establishing the negligence or misconduct o the ocer.

(e) A person convicted o perjury under this section shall oreit any nancial interest in the

document.

§ 1188. Certicate o acknowledgment

An ocer taking the acknowledgment o an instrument shall endorse thereon or attach thereto

a certicate substantially in the orm prescribed in Section 1189.

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42 civil code

§ 1189. Certicate o acknowledgment; orm; suciency o out o state

acknowledgment; orce and eect o acknowledgment under prior laws

(a)(1) 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/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.


Signature __________________________________ (Seal)

(2) A notary public who willully states as true any material act that he or she knows to be

alse shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action

to impose a civil penalty under this subdivision may be brought by the Secretary o State in an

administrative proceeding or any public prosecutor in superior court, and shall be enorced as

a civil judgment. A public prosecutor shall inorm the secretary o any civil penalty imposedunder this section.

(b) Any certicate o acknowledgment taken in another place shall be sucient in this state

i it is taken in accordance with the laws o the place where the acknowledgment is made.

(c) On documents to be led in another state or jurisdiction o the United States, a Caliornia

notary public may complete any acknowledgment orm as may be required in that other state

or jurisdiction on a document, provided the orm does not require the notary to determine or

certiy that the signer holds a particular representative capacity or to make other determinations

and certications not allowed by Caliornia law.

(d) An acknowledgment provided prior to January 1, 1993, and conorming to applicable

provisions o ormer Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed byChapter 335 o the Statutes o 1990, shall have the same orce and eect as i those sections

had not been repealed.

§ 1190. Certicate o acknowledgment as prima acie evidence; duly authorized

person

The certicate o acknowledgment o an instrument executed on behal o an incorporated or

unincorporated entity by a duly authorized person in the orm specied in Section 1189 shall

be prima acie evidence that the instrument is the duly authorized act o the entity named in the

instrument and shall be conclusive evidence thereo in avor o any good aith purchaser, lessee,

or encumbrancer. “Duly authorized person,” with respect to a domestic or oreign corporation,includes the president, vice president, secretary, and assistant secretary o the corporation.

§ 1193. Certicate o acknowledgment; authentication

Ocers taking and certiying acknowledgments or proo o instruments or record, must

authenticate their certicates by axing thereto their signatures, ollowed by the names

oftheirofces;also, theirsealsofofce,ifbythelawsoftheStateorcountrywherethe

acknowledgment or proo is taken, or by authority o which they are acting, they are required

to have ocial seals.

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43civil code

§ 1195. Proo o execution; methods; certicate orm

(a) Proo o the execution o an instrument, when not acknowledged, may be made any o

the ollowing:

1. By the party executing it, or either o them.

2. By a subscribing witness.

3. By other witnesses, in cases mentioned in Section 1198.(b) Proo o the execution o a grant deed, mortgage, deed o trust, quitclaim deed, or security

agreement is not permitted pursuant to Section 27287 o the Government Code, though proo

o the execution o a trustee’s deed or deed o reconveyance is permitted.

(c) Any certicate or proo o execution taken within this state may be in the ollowing

orm, although the use o other, substantially similar orms is not precluded:

State o Caliornia } ss.

County o _________

On __________ (date), beore me, the undersigned, a notary public or the state, personally

appeared _________________ (subscribing witness’s name), personally known to me (or

proved to me on the oath o _________________ (credible witness’s name), who is personally

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

thereto, who, being by me duly sworn, deposed and said that he/she was present and saw

_________________ (name(s) o principal(s)), the same person(s) described in and whose

name(s) is/are subscribed to the within and annexed instrument in his/her/their authorized

capacity(ies) as (a) party (ies) thereto, execute the same, and that said aant subscribed his/her

name to the within instrument as a witness at the request o _________________ (name(s) o

principal(s)).

WITNESS my hand and ocial seal.Signature ______________________________________ (Seal)

§ 1196. Subscribing witness; establishment o identity

A witness shall be proved to be a subscribing witness by the oath o a credible witness who

provides the ocer with any document satisying the requirements o paragraph (3) or (4) o

subdivision (b) o Section 1185.

§ 1197. Subscribing witness; items to be proved

The subscribing witness must prove that the person whose name is subscribed to the instrument

as a party is the person described in it, and that such person executed it, and that the witness

subscribed his name thereto as a witness.§ 1633.11. Notarization and signature under penalty o perjury requirements

(a) I a law requires that a signature be notarized, the requirement is satised with respect to

an electronic signature i an electronic record includes, in addition to the electronic signature

to be notarized, the electronic signature o a notary public together with all other inormation

required to be included in a notarization by other applicable law.

***

§ 1633.12. Retaining records; electronic satisaction

(a) I a law requires that a record be retained, the requirement is satised by retaining an

electronic record o the inormation in the record, i the electronic record refects accuratelythe inormation set orth in the record at the time it was rst generated in its nal orm as

an electronic record or otherwise, and the electronic record remains accessible or later

reerence.

(b) A requirement to retain a record in accordance with subdivision (a) does not apply to

any inormation the sole purpose o which is to enable the record to be sent, communicated,

or received.

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44 code of civil procedure

CODE OF CIVIL PROCEDURE

§ 12a. Computation o time; holidays; application o section

(a) I the last day or the perormance o any act provided or required by law to be perormed

within a specied period o time is a holiday, then that period is hereby extended to and

including the next day that is not a holiday. For purposes o this section, “holiday” means all

day on Saturdays, all holidays specied in Section 135 and, to the extent provided in Section

12b, all days that by terms o Section 12b are required to be considered as holidays.

***

§ 1935. Subscribing witness denedA subscribing witness is one who sees a writing executed or hears it acknowledged, and at

the request o the party thereupon signs his name as a witness.

§ 2093. Ocers authorized to administer oaths or armations

(a) Every court, every judge, or clerk o any court, every justice, and every notary public,

and every ocer or person authorized to take testimony in any action or proceeding, or to

decide upon evidence, has the power to administer oaths or armations.

(b) (1) Every shorthand reporter certied pursuant to Article 3 (commencing with Section

8020) o Chapter 13 o Division 3 o the Business and Proessions Code has the power to

administer oaths or armations and may perorm the duties o the deposition ocer pursuant

to Chapter 9 (commencing with Section 2025.010) o Title 4. The certied shorthand reportershall be entitled to receive ees or services rendered during a deposition, including ees

or deposition services, as specied in subdivision (c) o Section 8211 o the Government

Code.

(2) This subdivision shall also apply to depositions taken by telephone or other remote

electronic means as specied in Chapter 2 (commencing with Section 2017.010), Chapter 3

(commencing with Section 2017.710), and Chapter 9 (commencing with Section 2025.010)

o Title 4.

(c) A ormer judge or justice o a court o record in this state who retired or resigned rom

oce, other than a judge or justice who was retired by the Supreme Court or disability, shallhave the power to administer oaths or armations, i the ormer judge or justice requests and

receives a certication rom the Commission on Judicial Perormance that there was no ormal

disciplinary proceeding pending at the time o retirement or resignation. Where no ormal

disciplinary proceeding was pending at the time o retirement or resignation, the Commission

on Judicial Perormance shall issue the certication.

No law, rule, or regulation regarding the condentiality o proceedings o the Commission on

Judicial Perormance shall be construed to prohibit the Commission on Judicial Perormance

rom issuing a certicate as provided or in this section.

(c) A person may satisy subdivision (a) by using the services o another person i the

requirements o subdivision (a) are satised.

(d) I a law requires a record to be retained in its original orm, or provides consequences

i the record is not retained in its original orm, that law is satised by an electronic record

retained in accordance with subdivision (a).

(e) I a law requires retention o a check, that requirement is satised by retention o anelectronic record o the inormation on the ront and back o the check in accordance with

subdivision (a).

() A record retained as an electronic record in accordance with subdivision (a) satises a

law requiring a person to retain a record or evidentiary, audit, or like purposes, unless a law

enacted ater the eective date o this title specically prohibits the use o an electronic record

or a specied purpose.

(g) This section does not preclude a governmental agency rom speciying additional

requirements or the retention o a record subject to the agency’s jurisdiction.

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45probate code

§ 2094. Oath to witness; orm

(a) An oath, armation, or declaration in an action or a proceeding, may be administered

by obtaining an armative response to one o the ollowing questions:

(1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be

the truth, the whole truth, and nothing but the truth, so help you God?”

(2) “Do you solemnly state, under penalty o perjury, that the evidence that you shall givein this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?”

***

ELECTIONS CODE

§ 8080. Fee or verication

No ee or charge shall be made or collected by any ocer or veriying any nomination

document or circulator’s adavit.

COMMERCIAL CODE

§ 3505. Protest; Noting or Protest

***

(b) A protest is a certicate o dishonor made by a United States consul or vice consul, or

a notary public or other person authorized to administer oaths by the law o the place where

dishonor occurs. It may be made upon inormation satisactory to that person. The protest shall

identiy the instrument and certiy either that presentment has been made or, i not made, the

reason why it was not made, and that the instrument has been dishonored by nonacceptance

or nonpayment. The protest may also certiy that notice o dishonor has been given to someor all parties.

PROBATE CODE

§ 4307. Certied copies o power o attorney

(a) A copy o a power o attorney certied under this section has the same orce and eect

as the original power o attorney.

(b) A copy o a power o attorney may be certied by any o the ollowing:

(1) An attorney authorized to practice law in this state.(2) A notary public in this state.

(3) An oicial o a state or o a political subdivision who is authorized to make

certications.

(c) The certication shall state that the certiying person has examined the original power

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

attorney.

(d) Nothing in this section is intended to create an implication that a third person may be liable

or acting in good aith reliance on a copy o a power o attorney that has not been certied

under this section.

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46 penal code

PENAL CODE

§ 17. Felony; misdemeanor; inraction; classication o oenses

(a) A elony is a crime which is punishable with death or by imprisonment in the state prison.

Every other crime or public oense is a misdemeanor except those oenses that are classied

asinfractions.***§ 115.5. Filing alse or orged documents relating to single-amily residences;

punishment; alse statement to notary public

(a) Every person who les any alse or orged document or instrument with the county

recorder which aects title to, places an encumbrance on, or places an interest secured by a

mortgage or deed o trust on, real property consisting o a single-amily residence containing

not more than our dwelling units, with knowledge that the document is alse or orged, is

punishable, in addition to any other punishment, by a ne not exceeding seventy-ve thousand

dollars ($75,000).

(b) Every person who makes a alse sworn statement to a notary public, with knowledge

that the statement is alse, to induce the notary public to perorm an improper notarial act

on an instrument or document aecting title to, or placing an encumbrance on, real property

consisting o a single-amily residence containing not more than our dwelling units is guilty

o a elony.

§ 118. Perjury dened; evidence necessary to support conviction

(a) Every person who, having taken an oath that he or she will testiy, declare, depose, or

certiy truly beore any competent tribunal, ocer, or person, in any o the cases in which the

oath may by law o the State o Caliornia be administered, willully and contrary to the oath,

states as true any material matter which he or she knows to be alse, and every person who

testies, declares, deposes, or certies under penalty o perjury in any o the cases in whichthe testimony, declarations, depositions, or certication is permitted by law o the State o

Caliornia under penalty o perjury and willully states as true any material matter which he

or she knows to be alse, is guilty o perjury.

This subdivision is applicable whether the statement, or the testimony, declaration, deposition,

or certication is made or subscribed within or without the State o Caliornia.

(b) No person shall be convicted o perjury where proo o alsity rests solely upon

contradiction by testimony o a single person other than the deendant. Proo o alsity may

be established by direct or indirect evidence.

§ 126. Punishment

Perjury is punishable by imprisonment in the state prison or two, three or our years.

§ 470. Forgery; signatures or seals; corruption o records

* * *

(b) Every person who, with the intent to deraud, countereits or orges the seal or handwriting

o another is guilty o orgery.

* * *

(d) Every person who, with the intent to deraud, alsely makes, alters, orges, or countereits,

utters, publishes, passes or attempts or oers to pass, as true and genuine, any o the ollowing

items, knowing the same to be alse, altered, orged, or countereited, is guilty o orgery:

… or alsies the acknowledgment o any notary public, or any notary public who issues anacknowledgmentknowingittobefalse;oranymatterdescribedinsubdivision(b).

* * *

§ 473. Forgery; punishment

Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county

jail or not more than one year.

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47penal code

§ 830.3. Peace ocers; employing agencies; authority

The ollowing persons are peace ocers whose authority extends to any place in the state or

the purpose o perorming their primary duty or when making an arrest pursuant to Section 836

as to any public oense with respect to which there is immediate danger to person or property,

or o the escape o the perpetrator o that oense, or pursuant to Section 8597 or 8598 o the

GovernmentCode.***(o) Investigators o the oce o the Secretary o State designated by the Secretary o State,

provided that the primary duty o these peace ocers shall be the enorcement o the law

as prescribed in Chapter 3 (commencing with Section 8200) o Division 1 o Title 2 o, and

Section12172.5of,theGovernmentCode.***

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