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NOTARY PUBLIC
HANDBOOK
Published by
Debra Bowen
Secretary of StateNotary Public Section
2010
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Correspondence should be addressed to:
Mailing address: Business Programs Division
Notary Public Section
P.O. Box 942877
Sacramento, Caliornia 94277-0001
Location: 1500 11th Street
Sacramento, Caliornia 95814
(916) 653-3595
Website: www.sos.ca.gov/business/notary/
Approved Education Vendors: notaryeducation.sos.ca.gov
http://www.sos.ca.gov/business/notary/http://notaryeducation.sos.ca.gov/http://notaryeducation.sos.ca.gov/http://www.sos.ca.gov/business/notary/8/8/2019 CA Notary Handbook 2010
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Page
General Inormation.................................................................................................................5
Appointment and Qualications .................................................................................5
Convictions .........................................................................................................5
Notary Public Education .....................................................................................5
Requirements and Time Limit or Qualiying ............................................................6
Notary Public Bond.....................................................................................................6
Geographic Jurisdiction ..............................................................................................6
Acts Constituting the Practice o Law ........................................................................6
Notary Public Seal ......................................................................................................7
Identication ...............................................................................................................8
Notary Public Journal .................................................................................................9
Confict o Interest ....................................................................................................10
Acknowledgment ......................................................................................................10
Jurat...........................................................................................................................12
Proo o Execution by a Subscribing Witness...........................................................12
Signature by Mark.....................................................................................................14
Powers o Attorney - Certiying................................................................................15
Notarization o Incomplete Documents ....................................................................16
Certied Copies ........................................................................................................16
Illegal Advertising .....................................................................................................16
Immigration Documents ...........................................................................................16
Condential Marriage Licenses ................................................................................16
Grounds or Denial, Revocation, or
Suspension o Appointment and Commission .....................................................17
Disciplinary Guidelines ............................................................................................17 Fees ...........................................................................................................................17
Change o Address ....................................................................................................18
Foreign Language .....................................................................................................18
Common Questions and Answers .............................................................................18
Government Code ..................................................................................................................23
Civil Code ..............................................................................................................................40
Code o Civil Procedure .........................................................................................................44Elections Code .......................................................................................................................45
Commercial Code ..................................................................................................................45
Probate Code..........................................................................................................................45
Penal Code .............................................................................................................................46
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Appointment and QualicationsIn order to qualiy to become a notary public you must meet all o the ollowing requirements:
(Government Code section 8201)
BealegalresidentoftheStateofCalifornia;
Beatleast18yearsofage;
SatisfactorilycompleteacourseofstudyapprovedbytheSecretaryofState; PassawrittenexaminationprescribedbytheSecretaryofState;and
Passabackgroundcheck.
To determine i a person meets the requirements to ulll the responsibilities o the position,
a completed application and a 2 x 2 color passport photograph o the applicant shall be
submitted at the examination site, then orwarded to the Secretary o States oce and reviewed
by Secretary o State sta or qualiying inormation. (Government Code section 8201.5)
To assist the Secretary o State in determining the identity o an applicant and whether the
applicant has been convicted o a disqualiying crime, state law requires all applicants to be
ngerprinted as part o a thorough background check prior to being granted an appointment as
a notary public. (Government Code section 8201.1) Inormation concerning the ngerprinting
requirements will be mailed to candidates who pass the examination.
Convictions
Applicants are required to disclose on their applications all arrests or which trials are pending
and all convictions, including convictions that have been dismissed under Penal Code section
1203.4 or 1203.4a. I you have any questions concerning the disclosure o convictions or
arrests, contact the Secretary o States oce prior to signing the application. I you do not
recall the specics about your arrest(s) and/or conviction(s), you can contact the Caliornia
Department o Justice at (916) 227-3849.
The Secretary o State may deny an application or the ollowing reasons:
- Failuretodiscloseanyconviction;
- Convictionofafelony;or
- Conviction o a disqualiying lesser oense when less than 10 years have passed since
the completion o probation.
The applicant has the right to appeal the denial through the administrative hearing process.
(Government Code section 8214.3) For a complete list o reasons the Secretary o State may
deny an application, please reer to Government Code section 8214.1. Reer to the Secretary o
StatesNotary Public Disciplinary Guidelines (2001) or a list o the most common disqualiying
convictions. The disciplinary guidelines are available on the Secretary o States website or
can be mailed to you upon request.
Notary Public Education
All persons appointed on or ater July 1, 2005, are required to take and satisactorily complete
a six-hour course o study approved by the Secretary o State prior to appointment as a notary
public. Please note that all persons being appointed, no matter how many commission terms
held in the past, are required to take the initial six-hour course o study. (Government Code
section 8201(a)(3) and (b))
A notary public who holds a current Caliornia notary public commission and who has
completed an approved six-hour course at least one time is required to take and satisactorily
complete an approved three-hour reresher course prior to reappointment as a notary public.
The three-hour reresher course can only be used to satisy the education requirement i the
notary public is applying or a new commission beore their current commission has expired.
I the notary publics commission has expired, the individual must satisactorily complete a
six-hour notary public education course beore being appointed or another term, even i the
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Notary Public SealEach notary public is required to have and to use a seal. The seal must be kept in a locked
and secured area, under the direct and exclusive control o the notary public, and must not be
surrendered to an employer upon termination o employment, whether or not the employer
paid or the seal, or to any other person.
Because o the legal requirement that the seal be photographically reproducible, the rubberstamp seal is almost universal. However, notaries public may use an embosser seal in addition
to the rubber stamp. The legal requirements or a seal are shown below. (Government Code
section 8207)
The seal must:
Bephotographicallyreproduciblewhenafxedtoadocument;
ContaintheStateSealandthewordsNotaryPublic;
Containthenameofthenotarypublicasshownonthecommission;
Containthenameofthecountywheretheoathofofceandnotarypublicbondareon
le;
Containtheexpirationdateofthenotarypublicscommission;
Containthesequentialidenticationnumber(commissionnumber)assignedtothenotary
public,aswellastheidenticationnumberassignedtothesealmanufacturerorvendor;
and
Becircularnotovertwoinchesindiameter,orbearectangularformofnotmorethan
one inch in width by two and one-hal inches in length, with a serrated or milled edged
border.
Many documents that are acknowledged may later be recorded. A document may not be
accepted by the recorder i the notary public seal is illegible. Notaries public are cautioned
to make sure that the notary public stamp leaves a clear impression. All the elements must be
discernible. The seal should not be placed over signatures or over any printed matter on the
document. An illegible or improperly placed seal may result in rejection o the document or
recordation and result in inconveniences and extra expenses or all those involved.
The law allows a limited exception when a notary public may authenticate an ocial act
without using an ocial notary public seal. Because subdivision maps usually are drawn on
a material that will not accept standard stamp pad ink and other acceptable inks are not as
readily available, acknowledgments or Caliornia subdivision map certicates may be notarized
without the ocial seal. The notary publics name, the county o the notary publics principal
place o business, and the commission expiration date must be typed or printed below orimmediately adjacent to the notary publics signature on the acknowledgment. (Government
Code section 66436(c))
A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY
PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL
SERVICE. (Government Code section 8207)
A notary public is guilty o a misdemeanor i the notary public willully ails to keep his or
her notary public seal under the notary publics direct and exclusive control or i the notary
public willully surrenders the notary publics seal to any person not authorized to possess it.
(Government Code section 8228.1)When the notary public commission is no longer valid, the notary public seal must be
destroyed to protect the notary public rom possible raudulent use by another. (Government
Code section 8207)
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Identication When completing a certicate o acknowledgment or a jurat, a notary public is required
to certiy to the identity o the signer o the document. (Civil Code sections 1185(a), 1189,
Government Code section 8202) Identity is established i the notary public is presented with
satisactory evidence o the signers identity. (Civil Code section 1185(a))
Satisactory Evidence Satisactory Evidence means the absence o any inormation,evidence, or other circumstances which would lead a reasonable person to believe that the
individual is not the individual he or she claims to be and (A) paper identication documents
or (B) the oath o a single credible witness or (C) the oaths o two credible witnesses under
penalty o perjury, as specied below:
A. Paper Identication Documents Identity o the signer can be established by the notary
publics reasonable reliance on the presentation o any one o the ollowing documents, i the
identication document is current or has been issued within ve years (Civil Code section
1185(b)(3) & (4)):
1. An identication card or drivers license issued by the Caliornia Department o Motor
Vehicles;
2. AUnitedStatespassport;
3. Other Caliornia-approved identication card, consisting o any one o the ollowing,
provided that it also contains a photograph, description o the person, signature o the person,
and an identiying number:
(a) A passport issued by a oreign government, provided that it has been stamped by the U.S.
ImmigrationandNaturalizationServiceortheU.S.CitizenshipandImmigrationServices;
(b) A drivers license issued by another state or by a Canadian or Mexican public agency
authorizedtoissuedriverslicenses;
(c) Anidenticationcardissuedbyanotherstate;
(d) A United States military identication card with the required photograph, description o
the person, signature o the person, and an identiying number. (Some military identication
cardsdonotcontainalltherequiredinformation.);
(e) An inmate identication card issued by the Caliornia Department o Corrections and
Rehabilitation,iftheinmateisincustody;or
() An employee identication card issued by an agency or oce o the State o Caliornia,
or an agency or oce o a city, county, or city and county in Caliornia.
Note: The notary public must include in his or her journal the type o identiying document, the
governmental agency issuing the document, the serial or identiying number o the document,and the date o issue or expiration o the document that was used to establish the identity o
the signer. (Government Code section 8206(a)(2)(D))
B. Oath o a Single Credible Witness The identity o the signer can be established by
the oath o a single credible witness whom the notary public personally knows. (Civil Code
section 1185(b)(1)) The notary public must establish the identity o the credible witness by
the presentation o paper identication documents as set orth above. Under oath, the credible
witness must swear or arm that each o the ollowing is true (Civil Code section 1185(b)(1)
(A)(i)-(v)):
1. The individual appearing beore the notary public as the signer o the document is thepersonnamedinthedocument;
2. Thecrediblewitnesspersonallyknowsthesigner;
3. The credible witness reasonably believes that the circumstances o the signer are
such that it would be very dicult or impossible or the signer to obtain another orm o
identication;
4. The signer does not possess any o the identication documents authorized by law to
establishthesignersidentity;and
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5. The credible witness does not have a nancial interest and is not named in the document
signed.
Note: The single credible witness must sign the notary publics journal or the notary public
must indicate in his or her journal the type o identiying document, the identiying number o
the document, and the date o issuance or expiration o the document presented by the witness
to establish the identity o the witness. (Government Code section 8206(a)(2)(D))C. Oaths o Two Credible Witnesses The identity o the signer can be established by the
oaths o two credible witnesses whom the notary public does not personally know. (Civil Code
section 1185(b)(2)) The notary public rst must establish the identities o the two credible
witnesses by the presentation o paper identication documents as listed above. Under oath,
the credible witnesses must swear or arm under penalty o perjury to each o the things sworn
to or armed by a single credible witness, as set orth above. (Civil Code sections 1185(b)(2)
and 1185(b)(1)(A)(i)-(v))
Note: The credible witnesses must sign the notary publics journal and the notary public must
indicate in his or her journal the type o identiying documents, the identiying numbers o the
documents, and the dates o issuance or expiration o the documents presented by the witnesses
to establish their identities. (Government Code section 8206(a)(2)(E))
Notary Public JournalA notary public is required to keep one active sequential journal at a time o all acts perormed
as a notary public. The journal must be kept in a locked and secured area (such as a lock box
or locked desk drawer), under the direct and exclusive control o the notary public. The journal
shall include the items shown below. (Government Code section 8206(a))
Date,timeandtypeofeachofcialact(e.g.,acknowledgment,jurat).
Characterofeveryinstrumentswornto,afrmed,acknowledgedorprovedbeforethe
notary public (e.g., deed o trust).
Thesignatureofeachpersonwhosesignatureisbeingnotarized.
Astatementthattheidentityofapersonmakinganacknowledgmentortakinganoath
or armation was based on satisactory evidence pursuant to Civil Code section 1185.
I satisactory evidence was based on:
1. Paper identication, the journal shall contain the type o identiying document, the
governmental agency issuing the document, the serial or identiying number o the document,
andthedateofissueorexpirationofthedocument;
2. A single credible witness personally known to the notary public, the journal shall contain
the signature o the credible witness or the type o identiying document, the governmentalagency issuing the document, the serial or identiying number o the document, and the date
ofissueorexpirationofthedocumentestablishingtheidentityofthecrediblewitness;or
3. Two credible witnesses whose identities are proven upon the presentation o satisactory
evidence, the journal shall contain the signatures o the credible witnesses and the type o
identiying document, the governmental agency issuing the document, the serial or identiying
number o the document, and the date o issue or expiration o the document establishing the
identity o the credible witnesses.
Thefeechargedforthenotarialservice.
Ifthedocumenttobenotarizedisadeed,quitclaimdeed,ordeedoftrustaffectingrealproperty or a power o attorney document, the notary public shall require the party signing
the document to place his or her right thumbprint in the journal. I the right thumbprint is
not available, then the notary public shall have the party use his or her let thumb, or any
available nger and shall so indicate in the journal. I the party signing the document is
physically unable to provide a thumb or ngerprint, the notary public shall so indicate in
the journal and shall also provide an explanation o that physical condition.
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I the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered
unusable, the notary public immediately must notiy the Secretary o State by certied or
registered mail. The notication must include the periods o journal entries, the notary public
commission number, the commission expiration date, and, when applicable, a photocopy o
the police report that lists the journal. (Government Code section 8206(b))
A notary public must respond within 15 business days ater the receipt o a written requestrom any member o the public or a copy o a transaction in the notary public journal by
supplying either a photostatic copy o a line item rom the notary publics journal or an
acknowledgment that no such line item exists. The written request shall include the name o
the parties, the type o document, and the month and year in which the document was notarized.
The cost to provide the requested inormation must not exceed thirty cents ($0.30) per page.
(Government Code sections 8206(c) and 8206.5)
The sequential journal is the exclusive property o the notary public and shall not be surrendered
to an employer upon termination o employment, whether or not the employer paid or the
journal, or at any other time. The circumstances in which the notary public must relinquish
the journal or permit inspection and copying o journal transactions and the procedures the
notary public must ollow are specied in Government Code section 8206(d).
A notary public is guilty o a misdemeanor i the notary public willully ails to properly
maintain the notary publics journal. (Government Code section 8228.1)
Within 30 days rom the date the notary public commission is no longer valid, the notary
public must deliver all notarial journals, records and papers to the county clerks oce where
the oath is on le. I the notary public willully ails or reuses to do so, the notary public is
guilty o a misdemeanor, and shall be personally liable or damages to any person injured by
that action or inaction. (Government Code section 8209) Any notarial journals, records and
papers delivered to the Secretary o State will be returned to the sender.
Confict o InterestA notary public is not prohibited rom notarizing or relatives or others, unless doing so
would provide a direct nancial or benecial interest to the notary public. With Caliornias
community property law, care should be exercised i notarizing or a spouse or a domestic
partner.
A notary public would have a direct nancial or benecial interest to a transaction in the
ollowing situations (Government Code section 8224):
Ifanotarypublicisnamed,individually,asaprincipaltoanancialtransaction. Ifa notarypublic is named,individually,as anyofthefollowingto a real property
transaction: beneciary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
vendee, lessor, or lessee.
A notary public would not have a direct nancial or benecial interest in a transaction i
a notary public is acting in the capacity o an agent, employee, insurer, attorney, escrow, or
lender or a person having a direct nancial or benecial interest in the transaction.
I in doubt as to whether or not to notarize, the notary public should seek the advice o an
attorney.
AcknowledgmentThe orm most requently completed by the notary public is the certicate o acknowledgment.
The certicate o acknowledgment must be in the orm set orth in Civil Code section 1189.
In the certicate o acknowledgment, the notary public certies:
Thatthesignerpersonallyappearedbeforethenotarypubliconthedateindicatedinthe
countyindicated;
Totheidentityofthesigner;and
Thatthesigneracknowledgedexecutingthedocument.
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The notary public sequential journal mustcontain a statement that the identity o a person
making the acknowledgment or taking the oath or armation was based on satisactory
evidence. I identity was established based on the oath o a credible witness personally known
to the notary public, then the journal must contain the signature o the credible witness or the
type o identiying document used to establish the witness identity, the governmental agency
issuing the document, the serial or identiying number o the document, and the date o issueor expiration o the document. I the identity o the person making the acknowledgment or
taking the oath or armation was established by the oaths or armations o two credible
witnesses whose identities are proven to the notary public upon the presentation o satisactory
evidence, then the journal must contain the signatures o the credible witnesses and the type
o identiying documents, the identiying numbers o the documents and the dates o issuance
or expiration o the documents presented by the witnesses to establish their identities.
The certicate o acknowledgment must be lled completely out at the time the notary
publics signature and seal are axed. The certicate o acknowledgment is executed under
penalty o perjury. (Civil Code section 1189(a)(1))
The completion o a certicate o acknowledgment that contains statements that the notary public
knows to be alse not only may cause the notary public to be liable or civil penalties and administrative
action, but is also a criminal oense. The notary public who willully states as true any material act
known to be alse is subject to a civil penalty not exceeding $10,000. (Civil Code section 1189(a)(2))
A notary public may complete a certicate o acknowledgment required in another state or jurisdiction
o the United States on documents to be led in that other state or jurisdiction, provided the orm does
not require the notary public to determine or certiy that the signer holds a particular representative
capacity or to make other determinations and certications not allowed by Caliornia law.
Any certicate o acknowledgment taken within this state shall be in the ollowing orm:
State o Caliornia }County o _________On __________ beore me, (here insert name and title o the ocer), personally
appeared ______________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________ ,who proved to me on the basis o satisactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behal o which the person(s) acted, executed the instrument.
I certiy under PENALTY OF PERJURY under the laws o the State o Caliornia that the oregoing
paragraph is true and correct.
WITNESS my hand and ocial seal.
Notary Public Signature Notary Public Seal
Note: Key wording o an acknowledgment is personally appeared. An acknowledgment
cannot be axed to a document mailed or otherwise delivered to a notary public whereby
the signer did not personally appear beore the notary public, even i the signer is known by
the notary public. Also, a notary public seal and signature cannot be axed to a document
without the correct notarial wording.
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JuratThe second orm most requently completed by a notary public is the jurat. (Government Code
section 8202) The jurat is identied by the wording Subscribed and sworn to (or armed)
contained in the orm. In the jurat, the notary public certies:
Thatthesignerpersonallyappearedbeforethenotarypubliconthedateindicatedandin
thecountyindicated; Thatthesignersignedthedocumentinthepresenceofthenotarypublic;
Thatthenotarypublicadministeredtheoathorafrmation*;and
Totheidentityofthesigner.
Any jurat taken within this state shall be in the ollowing orm:
State o Caliornia
County o ________________
Subscribed and sworn to (or armed) beore me on this _____ day o _______, 20__,
by _______________________, proved to me on the basis o satisactory evidence to be
the person(s) who appeared beore me.
Notary Public Signature Notary Public Seal
Note: Key wording o a jurat is subscribed and sworn to (or armed) beore me. A jurat
cannot be axed to a document mailed or otherwise delivered to a notary public whereby the
signer did not personally appear, take an oath, and sign in the presence o the notary public,
even i the signer is known by the notary public. Also, a notary public seal and signature cannot
be axed to a document without the correct notarial wording.
*There is no prescribed wording or the oath, but an acceptable oath would be Do you
swear or afrm that the statements in this document are true? When administering the oath,
the signer and notary public traditionally each raise their right hand but this is not a legal
requirement.
Proo o Execution by a Subscribing WitnessI a person, called the principal, has signed a document but does not personally appear beore
a notary public, another person can appear on the principals behal to prove the principalsigned (or executed) the document. That person is called a subscribing witness. (Code o
Civil Procedure section 1935)
A proo o execution by a subscribing witness cannot be used in conjunction with any
quitclaim deed, grant deed (other than a trustees deed or deed o reconveyance), mortgage,
deed o trust, or security agreement. (Government Code section 27287 and Civil Code section
1195(b))
The requirements or proo o execution by a subscribing witness are as ollows:
Thesubscribingwitnessmustprove(sayunderoath) that thepersonwhosigned the
document as a party, the principal, is the person described in the document, and thesubscribingwitnesspersonallyknowstheprincipal(CivilCodesection1197);and
Thesubscribingwitnessmustsay,underoath,thatthesubscribingwitnesssawtheprincipal
sign the document or in the presence o the principal heard the principal acknowledge
that the principal signed the document (Code o Civil Procedure 1935 and Civil Code
section1197);and
Thesubscribingwitnessmustsay,underoath,thatthesubscribingwitnesswasrequested
by the principal to sign the document as a witness and that the subscribing witness did so
(CodeofCivilProcedure1935andCivilCodesection1197);and
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Thenotarypublicmustestablishtheidentityofthesubscribingwitnessbytheoathof
a credible witness whom the notary personally knows and who personally knows the
subscribing witness. The credible witness must also present to the notary public any
identication document satisying the requirements or satisactory evidence as described
inCivilCodesection1185(b)(3)or(4)(CivilCodesection1196);and
The subscribingwitnessmust sign the notarypublicsofcial journal. The crediblewitness must sign the notary publics ocial journal or the notary public must record
in the notary publics ocial journal the type o identication document presented, the
governmental agency issuing the document, the serial number o the document, and the
date o issue or expiration o the document. (Government Code section 8206(a)(2)(C)
and (D))
Note: The identity o the subscribing witness must be established by the oath o a credible
witness who personally knows the subscribing witness and who is known personally by
the notary public. In addition, the credible witness must present an identication document
satisying the requirements o Civil Code section 1185(b)(3) or (4).
Because proo o execution by a subscribing witness is not commonly used, the ollowing
scenario is provided as an example o how proo by a subscribing witness may be used:
The principal, Paul, needs to have his signature on a document notarized. Paul is in the
hospital and cannot appear beore a notary public. So Paul asks a long time riend, Sue, to
visit the hospital and act as a subscribing witness. When Sue comes to the hospital, Sue must
watch Paul sign the document. I Paul has signed the document prior to Sues arrival, Paul
must say to Sue that Paul signed the document. Then Paul should ask Sue to sign the document
as a subscribing witness, and Sue must do so.Next, Sue must take the document to a notary public. Sue must bring a credible witness with
Sue to the notary public. Sue chooses Carl, a long time riend, as a credible witness because
Carl has worked with Nancy, the notary public, or several years. Thereore, Carl can act as
Sues credible witness.
Sue and Carl appear together beore Nancy. Nancy determines Nancy personally knows Carl
and also examines Carls Caliornia Drivers License to establish Carls identity. Then Nancy
puts Carl under oath. Under oath, Carl swears that Carl personally knows Sue, that Sue is the
person who signed the document as a subscribing witness, and Carl does not have a nancial
interest in the document signed by Paul and subscribed by Sue. Then Nancy puts Sue underoath. Under oath, Sue swears Sue personally knows Paul, that Paul is the person described as
a party in the document, that Sue watched Paul sign the document or heard Paul acknowledge
Paul signed the document, that Paul requested Sue sign the document as subscribing witness,
and that Sue did so.
Sue signs Nancys notary journal as a subscribing witness. Carl must sign Nancys notary
journal as a credible witness, or Nancy must record in Nancys notary journal the type o
identication document Carl presented, the governmental agency issuing the document, the
serial number o the document, and the date o issue or expiration o the document.
Nancy completes Nancys notary public journal entry. Nancy then completes a proo o
execution certicate and attaches the proo o execution certicate to the document. Sue
takes the notarized document back to Paul.
Civil Code section 1195 provides a proo o execution by a subscribing witness orm.
However, the orm does not comply with the statutory changes to Civil Code section 1196
eective January 1, 2009. The law allows that other ormats with similar wording are acceptable.
Following is a suggested ormat or the orm that complies with both Civil Code sections 1195
and 1196.
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Note: It is not acceptable to ax a notary public seal and signature to a document without
the notarial wording.
Signature by MarkWhen the signer o an instrument cannot write (sign) his or her name, that person may sign
the document by mark. (Civil Code section 14) The requirements or notarizing a signature
by mark are as ollows:
Thepersonsigningthedocumentbymarkmustbeidentiedbythenotarypublicby
satisactory evidence. (Civil Code section 1185)
Thesignersmarkmustbewitnessedbytwopersonswhomustsubscribetheirownnames
as witnesses on the document. One witness should write the persons name next to the
persons mark and then the witness should sign his or her name as a witness. The witnesses
are only veriying that they witnessed the individual make his or her mark on the document.
A notary public is not required to identiy the two persons who witnessed the signing bymark or to have the two witnesses sign the notary publics journal. Exception: I the
witnesses were acting in the capacity o credible witnesses in establishing the identity o
the person signing by mark, then the witnesses signatures must be entered in the notary
publics journal.
Thesignerbymarkmustincludehisorhermarkinthenotarypublicjournal.Toqualify
as a signature, the making o the mark in the notary public journal, must be witnessed by
an individual who must write the persons name next to the mark and then sign his or her
own name as a witness.
Following is an example o a document executed by signature by mark:
State o Caliornia } ss.County o _____________On _____________ (date), beore me, the undersigned, a notary public or the state,
personally appeared ______________________ (subscribing witnesss name), proved
to me to be the person whose name is subscribed to the within instrument, as a witness
thereto, on the oath o _________________ (credible witnesss name), a credible witness
who is known to me and provided a satisactory identiying document. ____________
(subscribing witnesss name) being by me duly sworn, deposed and said that he/she
was present and saw/heard ___________________ (name(s) o principal(s)), the same
person(s) described in and whose name(s) is/are subscribed to the within, or attached,
instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or
acknowledge executing the same, and that said aant subscribed his/her name to the within
instrument as a witness at the request o ________________ (name(s) o principal(s)).
WITNESS my hand and ocial seal.
Notary Public Signature Notary Public Seal
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Note: A notary public seal and signature cannot be axed to a document without the correct
notarial wording.
Powers o Attorney - CertiyingA notary public can certiy copies o powers o attorney. A certied copy o a power o
attorney that has been certied by a notary public has the same orce and eect as the original
power o attorney. (Probate Code section 4307)
A suggested ormat or the certication is shown below. Other ormats with similar wording
may also be acceptable.
Note: A notary public seal and signature cannot be axed to a document without the correct
notarial wording.
State o Caliornia }County o _______________I (name o notary public) , Notary Public, certiy that on (date) , I examined
the original power o attorney and the copy o the power o attorney. I urther certiy that
the copy is a true and correct copy o the original power o attorney.
Notary Public Signature Notary Public Seal
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.
WITNESS my hand and ocial seal.
Notary Public Signature Notary Public Seal
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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.
(Government Code section 8205)
Certied CopiesA notary public may only certiy copies o powers o attorney under Probate Code section
4307 and his or her notary public journal. (Government Code sections 8205(a)(4), 8205(b)(1),
and 8206(e))
Certied copies o birth, etal death, death, and marriage records may be made only by the
State Registrar, by duly appointed and acting local registrars during their term o oce, and
by county recorders. (Health & Saety Code section 103545)
Illegal AdvertisingCaliornia law requires any non-attorney notary public who advertises notarial services ina language other than English to post a prescribed notice, in English and the other language,
that the notary public is not an attorney and cannot give legal advice about immigration or any
other legal matters. The notary public also must list the ees set by statute that a notary public
may charge or notarial services. In any event, a notary public may not translate into Spanish
the term Notary Public, dened as notario publico or notario, even i the prescribed
notice also is posted. A rst oense or violation o this law is grounds or the suspension or
revocation o a notary publics commission. A second oense is grounds or the permanent
revocation o a notary publics commission. (Government Code section 8219.5)
A notary public legally is barred rom advertising in any manner whatsoever that he or she
is a notary public i the notary public promotes himsel or hersel as an immigration specialist
or consultant. (Government Code section 8223)
Immigration DocumentsContrary to popular belie, there is no prohibition against notarizing immigration documents.
However, several laws specically outline what a notary public can and cannot do. Only a
person who is qualied and bonded as an immigration consultant under the Business and
Proessions Code may assist a client in completing immigration orms. A notary public may
not charge any individual more than ten dollars ($10) or each set o orms, unless the notary
public is also an attorney who is rendering proessional services as an attorney. (Government
Code section 8223)
Condential Marriage LicensesA notary public who is interested in obtaining authorization to issue condential marriage
licenses may apply or approval to the county clerk in the county in which the notary public
resides. A notary public must notissue a condential marriage license unless he or she is
approved by the county clerk having jurisdiction. The county clerk oers a course o instruction,
which a notary public must complete beore authorization will be granted. Additionally, in
order or a notary public toperorm the marriage, he/she must be one o the persons authorized
under Family Code sections 400 to 402 (e.g., priest, minister, or rabbi). The county clerk in
the county where the notary public resides may or may not approve the authorization to issue
condential marriage licenses. The county clerk should be consulted i the notary public is
interested in obtaining approval. (Family Code section 530)
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Grounds or Denial, Revocation, or
Suspension o Appointment and CommissionThe Secretary o State may reuse to appoint any person as notary public or may revoke or
suspend the commission o a notary public or specic reasons. These reasons include but are
notlimitedto:asubstantialmisstatementoromissionintheapplication;convictionofafelony
oradisqualifyingcriminalconviction;failuretofurnishtheSecretaryofStatewithcertiedcopies o the notary public journal when requested to do so or to provide inormation relating
toofcialactsperformedbythenotarypublic;chargingmorethanthefeeprescribedbylaw;
ailure to complete the acknowledgment at the time the notary publics seal and signature are
attachedtothedocument;executingafalsecerticate;failuretosubmittotheSecretaryofState
anycourtorderedmoneyjudgment,includingrestitution;failuretosecurethesequentialjournal
ortheofcialseal;willfulfailuretoreportthetheftorlossofthesequentialjournal;makinga
falsecerticateorwritingcontainingstatementsknowntobefalse;fraudrelatingtoadeedof
trust;impropernotarialacts;unlawfullyactingasanotary;lingfalseorforgeddocuments;
forgery;grandtheft;falselyobtainingpersonalinformation;willfulfailuretoprovideaccesstoajournalwhenrequestedbyapeaceofcer;andillegaladvertising.(GovernmentCode
sections 8205, 8214.1, 8219.5 and 8223)
In addition, the Secretary o State may deny the notary public application or suspend the
notary public commission o a person who has not complied with child or amily support
obligations. (Family Code section 17520)
Disciplinary GuidelinesThe Secretary o State has instituted disciplinary guidelines in order to acilitate due process
and to maintain consistency in reviewing applications, investigating alleged violations, andimplementing administrative actions. (Government Code section 8220)
The disciplinary guidelines are designed to assist administrative law judges, in addition to
attorneys, notaries public, applicants, and others involved in the disciplinary process. The
disciplinary guidelines are used to determine what action will be taken or violations o notary
public law. The disciplinary guidelines are available on the Secretary o States website or can
be mailed to you upon request.
FeesGovernment Code section 8211 species the maximum ees that may be charged or notary
public services. However, a notary public may decide to charge no ee or an amount that is less
than the maximum amount prescribed by law. The charging o a ee and the amount o the ee
charged is at the discretion o the notary public or the notary publics employer, provided it does
not exceed the maximum ees. The notary public is required to make an entry in the notary public
journal even i no ee was charged, such as no ee or 0. (Government Code section 8206)
Exceptions: 1) Pursuant to Government Code section 8203.6, no ees shall be collected
bynotariespublicappointedtomilitaryandnavalreservationsinaccordancewith8203.1;
2) Pursuant to Elections Code section 8080, no ee shall be collected by notaries public or
verifyinganynominationdocumentorcirculatorsafdavit;and3)PursuanttoGovernment
Code section 6107, no ee may be charged to a United States military veteran or notarization
o an application or a claim or a pension, allotment, allowance, compensation, insurance, or
any other veterans benet.
In addition, Government Code section 6100 requires any notary public who is appointed to
act or and on behal o certain public agencies, pursuant to Government Code section 8202.5,
to charge or all services and remit the ees received to the employing agency. Each ee charged
must be entered in the journal.
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Change o AddressA notary public is required to notiy the Secretary o State o any change o business or
residence address in writing, by certied mail, within 30 days. (Government Code section
8213.5) Willul ailure to notiy the Secretary o State o a change o address is punishable as
an inraction by a ne o not more than $500. (Government Code section 8213.5)
Upon the change o a business address to a new county, a notary public may elect to le a newoath o oce and bond in the new county. However, ling a new oath and bond is optional.
Once commissioned, a notary public may perorm notary public services anywhere in the state.
The original oath and bond must be led in the county where the notary publics principal place
o business is located as shown in the application led with the Secretary o State. Whether
or not a county transer is led with the new county ater the original oath and bond have
been led in the original county is permissive should the notary public move. (Government
Code section 8213) There is no ee or the processing o address change notications with
the Secretary o State.
Note: To ensure proper processing, please include the ollowing inormation when submitting
the written address change notication to the Secretary o State:
Nameofthenotarypublicexactlyasitappearsonthecommissioncerticate;
Commissionnumberandexpirationdateofthecommission;
Whethertheaddresschangeisforthebusiness,residence,and/orformailingpurposes;
and
Newbusiness,includingbusinessname,residence,and/ormailingaddress.
Be sure the address change notication is signed and dated by the notary public. The change
o address can be submitted in letter orm or, or convenience, an address change orm is
available on the Secretary o States website or can be mailed to you upon request.
Foreign Language A notary public can notarize a signature on a document in a oreign language with which
the notary public is not amiliar, since a notary publics unction only relates to the signature
and not the contents o the document. The notary public should be able to identiy the type
o document being notarized or entry in the notary publics journal. I unable to identiy the
type o document, the notary public must make an entry to that eect in the journal (e.g., a
document in a oreign language). The notary public should be mindul o the completeness
o the document and must not notarize the signature on the document i the document appears
to be incomplete. The notary public is responsible or completing the acknowledgment or juratorm. When notarizing a signature on a document, a notary public must be able to communicate
with the customer in order or the signer either to swear to or arm the contents o the adavit
or to acknowledge the execution o the document. An interpreter should not be used, as vital
inormation could be lost in the translation. I a notary public is unable to communicate with
a customer, the customer should be reerred to a notary public who speaks the customers
language.
Common Questions and Answers
Q. My neighbor o 20 years has asked me to notarize a document or her. Because Ihave known her all these years, do I still need to ask or proo o her identity?
A. Yes. An acknowledgment may not be taken or a jurat executed on the basis o personal
knowledge alone. Satisactory evidence o the signers identity must be provided and
noted in the journal.
Q. I am currently a commissioned notary public applying or reappointment without
a break in my commission. Am I still required to submit my ngerprints each
time I reapply?
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A. Yes. Eective January 1, 2008, all notary public applicants, whether or not they have
held a previous commission, must submit ngerprints to the Caliornia Department o
Justice or the purpose o a background check. The Department o Justice will orward
ngerprint images to the Federal Bureau o Investigation requesting a ederal summary
o criminal inormation that will be provided to the Secretary o State.
Q. I a person was convicted o a DUI, petty thet, trespass, or other crimes, will thatperson be disqualied rom becoming a notary public?
A. The Secretary o State cannot make a determination as to whether or not a person
meets the qualications to become a notary public until a thorough background check
has been completed. I you are concerned as to whether you may be disqualied rom
becoming a notary public based upon past conviction inormation, please reer to the
Notary Public Disciplinary Guidelines (2001), which also includes a list o the most
common disqualiying convictions. The disciplinary guidelines are available on the
Secretary o States website or can be mailed to you upon request.
Q. I had a conviction over 25 years ago. Do I still need to disclose this conviction on
my application?
A. Yes. There is no time limit or disclosure o convictions. I you have everbeen convicted,
including a conviction or a DUI, you must disclose the conviction on your application.
Failure to disclose all conviction inormation on each application or an appointment or
reappointment is grounds or denial.
Q. How soon can I take the test or reappointment i I currently hold a notary public
commission?
A. To avoid a break in commission terms, you should take the exam at least six months
prior to the expiration date o your current commission. Test results are valid or one
year rom the date o the examination. (Title 2, Caliornia Code o Regulations, section20803)
Q. I have been a notary public or over 20 years. Will I still be required to take the
initial six-hour approved course o study?
A. Yes. Everyone, including those notaries public who have held previous commission
terms, is required to complete the six-hour course o study rom an approved vendor
prior to reappointment as a notary public. A list o approved vendors is available on the
Secretary o States website or can be mailed to you upon request. (Government Code
section 8201(a)(3))
Q. Will I be required to take an approved course o study each time I apply orreappointment?
A. Yes. An applicant or notary public who holds a Caliornia notary public commission
and who has completed the initial six-hour course o study rom an approved vendor
will be required to complete a three-hour reresher course o study rom an approved
vendor prior to reappointment as a notary public or all subsequent terms. In order to
meet the requirement to take the three-hour reresher course, a person must apply or
reappointment beore the current commission expires. An applicant whose commission
expires beore application is made or a new commission must take an approved six-hour
course, even i the applicant previously has completed an approved six-hour course.(Government Code section 8201(b)(2))
Q. I have taken courses in the past prior to taking the exam. Will I still be required
to take the six-hour course?
A. Yes. In the past you were not required to take courses prior to being appointed as a
notary public and those courses were not approved by the Secretary o State. However,
now that mandatory education is one o the qualications you must meet in order to
become a notary public, you are required to complete the approved course o study.
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(Government Code section 8201(a)(3))
Q. I have completed my approved six-hour course o study and received my proo
o completion certicate. What do I do with it?
A. Once you have completed your six-hour course o study rom an approved vendor,
staple your proo o completion certicate to the application and take both items with
you to the exam. Q. Can a six-hour notary public education course be taken in place o a three-hour
reresher course?
A. Yes. A six-hour approved notary public education course satises the requirement
or a three-hour reresher course. A six-hour approved education course always
satises the education requirement, regardless i you are a new applicant or applying
or reappointment.
Q. What are the requirements or applicants to be eligible to take an approved
three-hour reresher education course?
A. A notary public who has previously completed an approved six-hour notary public
education course is eligible to take an approved three-hour reresher course i the
notary public has taken the notary public exam and submitted the application at the
exam site prior to the expiration date o the current commission.
Q. I applied or reappointment prior to the expiration date o my current notary
public commission and took an approved three-hour notary public education
course, but I ailed the notary public exam. What do I do now?
A. I you can take the exam again prior to the expiration date o your current commission,
the proo o completion certicate rom the three-hour course would still be valid.
Attach the proo o completion certicate to your application, along with a 2 x 2
color passport photo o yoursel and a check or twenty dollars ($20) when you goto the exam site. However, i your commission expires prior to retaking the exam,
you will be required to take an approved six-hour notary public course, even though
you already took an approved three-hour course. You will need to attach the proo
o completion certicate rom the approved six-hour notary public education course
to the application, along with a 2 x 2 color passport photo o yoursel and a check
or twenty dollars ($20).
Q. I have changed my business, mailing or home address. What do I do?
A. Send the Secretary o State a letter or a change o address orm by certied mail within
30 days o the change. (Government Code section 8213.5) Q. I have changed my business rom one county to another. What do I do?
A. Your commission allows you to notarize throughout the State o Caliornia, regardless
o where your oath and bond are on le. I the location o your business has changed,
you are required to send the Secretary o State an address change by certied mail
within 30 days o the change. I the address change is or your business, please include
the business name in your notication. I the address change includes a change o
county, you may choose to le a new oath o oce and bond in the county to which
your business has moved, however, a county transer is not required. To le a county
change, you must request an oath o oce orm rom the Secretary o State. The oathwillhavethenameofyouroriginalcounty;however,youmusttakeandleyouroath
o oce in the new county, checking the county transer box at the bottom o the oath
orm. You also must take a new bond or a duplicate o the original bond and le it
together with your oath o oce in the new county. A certicate o authorization to
manuacture a notary public seal will be sent to you once the Secretary o State has
received and processed your oath o oce led in the new county. Your stamp must
refect the county where your most recent oath and bond are led. (Government Code
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Q. Am I required to see the person sign the document at the time I perorm the
notarization?
A. No, not i you are preparing a certicate o acknowledgment. The document can be
executed beore the person brings it to you or notarization. In an acknowledgment,
the signer must personally appear beore you and acknowledge that the signer executed
the document, not that the signer executed the document in your presence. However,when preparing a jurat, the person requesting the jurat must appear beore you, take an
oath, and sign the document in your presence. In addition, or both an acknowledgment
and a jurat, the notary public must certiy to the identity o the signer. (Civil Code
section 1189 and Government Code section 8202)
Q. I lost my stamp or journal. What do I do?
A. Send a letter immediately by certied mail to the Secretary o State explaining what
happened and, i applicable, a photocopy o a police report. Upon written request,
the Secretary o State will send an authorization so you can have a new stamp made.
(Government Code sections 8206 and 8207.3(e))
Q. I have changed my name. What do I do?
A. Send a completed name change orm to the Secretary o State. Once approved, you will
be issued an amended commission that refects your new name. Next, you will need to
le a new oath o oce and an amendment to your bond with the county clerk within
30 days rom the date the amended commission was issued in order or the name change
to take eect. Within 30 days o the ling, you must obtain a new seal that refects
the new name. Once the amended oath and bond are led, you may no longer use the
commission, including the stamp, that was issued in your previous name. I you ail
to le your amended oath and bond within the 30-day time limit, the name change will
become void and your commission will revert back to the previous name and you willbe required to submit another name change application. (Government Code sections
8213 and 8213.6)
Q. I need to request a new certicate o authorization to have a new stamp made. Is
there a ee?
A. No. However, you must send the Secretary o State a written request or a certicate o
authorization. (Government Code section 8207.3(e))
Q. How do I resign my commission?
A. I you want to resign your commission, send a letter o resignation to the Secretary o
Statesofce;within30daysdeliverallofyournotarialjournals,recordsandpaperstothecountyclerkinwhichyourcurrentoathofofceisonle;anddestroyyourseal.
(Government Code section 8209)
Q. I did not le my oath and bond on time. What do I do?
A. Ifyouareanewapplicantandtookanapprovedsix-hournotarypubliceducation
course, you must attach a current proo o completion certicate to a new application,
along with a 2 x 2 color passport photo o yoursel and a check or twenty dollars
($20). You will also need to have your ngerprints retaken at a Live Scan site.
Ifyouareanotarypublicseekingreappointmentandtookanapprovedthree-hour
notary public reresher education course, you will still need to take an approvedsix-hour course. The three-hour course no longer meets the education requirements
because your current commission has expired. You will need to attach the proo
o completion certicate or the six-hour course to a new application, along with a
2 x 2 color passport photo o yoursel and a check or twenty dollars ($20). You
will also need to have your ngerprints retaken at a Live Scan site.
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Ifyouareanotarypublicseekingreappointmentandtookanapprovedsix-hour
educationcourse,youmustattachacurrentproofofcompletioncerticatetoa
newapplication,alongwitha2x2colorpassportphotoofyourselfandacheck
fortwentydollars($20).Youwillalsoneedtohaveyourngerprintsretakenat aLiveScansite.
Q. Where can I get a Live Scan fngerprint orm?A. TheLiveScanngerprintformisavailableonlineattheSecretaryofStateswebsite
addresslistedinthefrontofthishandbookoruponrequestfromtheSecretaryofStates
ofce. Q. I have completed an approved course o study and taken the exam, but my currentcommission doesnt expire until another our months. When will I receive my new
commission?
A. Yournotarypubliccommissionforreappointmentwillbeissued30dayspriortothe
expirationdateofyourcurrentcommissionifyouhavecompliedwithalltherequirements
tobecomeanotarypublic.
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GOVERNMENT CODENotaries Public
(Chapter 3, Division 1, Title 2)
8200. Appointment and commission; number; jurisdiction
The Secretary o State may appoint and commission notaries public in such number as theSecretary o State deems necessary or the public convenience. Notaries public may act as
such notaries in any part o this state.
8201. Qualiications to be a notary publ ic; proo o course completion;
reappointment
(a) Every person appointed as notary public shall meet all o the ollowing requirements:
(1) Be at the time o appointment a legal resident o this state, except as otherwise provided
in Section 8203.1.
(2) Be not less than 18 years o age.
(3) For appointments made on or ater July 1, 2005, have satisactorily completed a six-hour
course o study approved by the Secretary o State pursuant to Section 8201.2 concerning the
unctions and duties o a notary public.
(4) Have satisactorily completed a written examination prescribed by the Secretary o State
to determine the tness o the person to exercise the unctions and duties o the oce o notary
public. All questions shall be based on the law o this state as set orth in the booklet o the
laws o Caliornia relating to notaries public distributed by the Secretary o State.
(b) (1) Commencing July 1, 2005, each applicant or notary public shall provide satisactory
proo that he or she has completed the course o study required pursuant to paragraph (3) o
subdivision (a) prior to approval o his or her appointment as a notary public by the Secretary
o State.
(2) Commencing July 1, 2005, an applicant or notary public who holds a Caliornia notary
public commission, and who has satisactorily completed the six-hour course o study required
pursuant to paragraph (1) at least one time, shall provide satisactory proo when applying
or reappointment as a notary public that he or she has satisactorily completed a three-hour
reresher course o study prior to reappointment as a notary public by the Secretary o State.
8201.1. Additional qualications; determination; identication; ngerprints
(a) Prior to granting an appointment as a notary public, the Secretary o State shall determine
that the applicant possesses the required honesty, credibility, truthulness, and integrity to ulll
the responsibilities o the position. To assist in determining the identity o the applicant andwhether the applicant has been convicted o a disqualiying crime specied in subdivision (b)
o Section 8214.1, the Secretary o State shall require that applicants be ngerprinted.
(b) Applicants shall submit to the Department o Justice ngerprint images and related
inormation required by the department or the purpose o obtaining inormation as to the
existence and content o a record o state and ederal convictions and arrests and inormation
as to the existence and content o a record o state and ederal arrests or which the department
establishes that the person is ree on bail, or on his or her recognizance, pending trial or
appeal.
(c) The department shall orward the ngerprint images and related inormation receivedpursuant to subdivision (a) to the Federal Bureau o Investigation and request a ederal summary
o criminal inormation.
(d) The department shall review the inormation returned rom the Federal Bureau o
Investigation and compile and disseminate a response to the Secretary o State pursuant to
paragraph (1) o subdivision (p) o Section 11105 o the Penal Code.
(e) The Secretary o State shall request rom the department subsequent arrest notication
service, pursuant to Section 11105.2 o the Penal Code, or each person who submitted
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() The department shall charge a ee sucient to cover the cost o processing the requests
described in this section.
8201.2. Review o course o study or notary public; approval o education course o
study, violation o regulations; civil penalties
(a) The Secretary o State shall review the course o study proposed by any vendor to be
oered pursuant to paragraph (3) o subdivision (a) and paragraph (2) o subdivision (b) oSection 8201. I the course o study includes all material that a person is expected to know to
satisactorily complete the written examination required pursuant to paragraph (4) o subdivision
(a) o Section 8201, the Secretary o State shall approve the course o study.
(b) (1) The Secretary o State shall, by regulation, prescribe an application orm and adopt a
certicate o approval or the notary public education course o study proposed by a vendor.
(2) The Secretary o State may also provide a notary public education course o study.
(c) The Secretary o State shall compile a list o all persons oering an approved course o
study pursuant to subdivision (a) and shall provide the list with every booklet o the laws o
Caliornia relating to notaries public distributed by the Secretary o State.
(d) (1) A person who provides notary public education and violates any o the regulations
adopted by the Secretary o State or approved vendors is subject to a civil penalty not to exceed
one thousand dollars ($1,000) or each violation and shall be required to pay restitution where
appropriate.
(2) The local district attorney, city attorney, or the Attorney General may bring a civil action
to recover the civil penalty prescribed pursuant to this subdivision. A public prosecutor shall
inorm the Secretary o State o any civil penalty imposed under this section.
8201.5. Application orm; condential nature; use o inormation
The Secretary o State shall require an applicant or appointment and commission as a notary
public to complete an application orm and submit a photograph o their person as prescribedby the Secretary o State. Inormation on this orm led by an applicant with the Secretary o
State, except or his or her name and address, is condential and no individual record shall be
divulged by an ocial or employee having access to it to any person other than the applicant,
his or her authorized representative, or an employee or ocer o the ederal government,
the state government, or a local agency, as dened in subdivision (b) o Section 6252 o the
Government Code, acting in his or her ocial capacity. That inormation shall be used by the
Secretary o State or the sole purpose o carrying out the duties o this chapter.
8202. Execution o jurat; administration o oath or armation to aant; attachment
to adavit(a) When executing a jurat, a notary shall administer an oath or armation to the aant and
shall determine, rom satisactory evidence as described in Section 1185 o the Civil Code,
that the aant is the person executing the document. The aant shall sign the document in
the presence o the notary.
(b) To any adavit subscribed and sworn to beore a notary, there shall be attached a jurat
in the ollowing orm:
State o Caliornia
County o _______________
Subscribed and sworn to (or armed) beore me on this _______ day o _______, 20__, by___________________, proved to me on the basis o satisactory evidence to be the person(s)
who appeared beore me.
Seal________________________________
Signature____________________________
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8202.5. State, county and school district employees; certicates; expenses
The Secretary o State may appoint and commission the number o state, city, county, and
public school district employees as notaries public to act or and on behal o the governmental
entity or which appointed which the Secretary o State deems proper. Whenever a notary is
appointed and commissioned, a duly authorized representative o the employing governmental
entity shall execute a certicate that the appointment is made or the purposes o the employinggovernmental entity, and whenever the certicate is led with any state or county ocer, no
ees shall be charged by the ocer or the ling or issuance o any document in connection
with the appointment.
The state or any city, county, or school district or which the notary public is appointed and
commissioned pursuant to this section may pay rom any unds available or its support the
premiums on any bond and the cost o any stamps, seals, or other supplies required in connection
with the appointment, commission, or perormance o the duties o the notary public.
Any ees collected or obtained by any notary public whose documents have been led without
charge and or whom bond premiums have been paid by the employer o the notary public
shall be remitted by the notary public to the employing agency which shall deposit the unds
to the credit o the und rom which the salary o the notary public is paid.
8202.7. Private employers; agreement to pay premium on bonds and costs o supplies;
remission o ees to employer
A private employer, pursuant to an agreement with an employee who is a notary public, may
pay the premiums on any bond and the cost o any stamps, seals, or other supplies required
in connection with the appointment, commission, or perormance o the duties o such notary
public. Such agreement may also provide or the remission o ees collected by such notary
public to the employer, in which case any ees collected or obtained by such notary public
while such agreement is in eect shall be remitted by such notary public to the employer whichshall deposit such unds to the credit o the und rom which the compensation o the notary
public is paid.
8202.8. Private employers; limitation on provision o notarial services
Notwithstanding any other provision o law, a private employer o a notary public who has
entered into an agreement with his or her employee pursuant to Section 8202.7 may limit,
during the employees ordinary course o employment, the providing o notarial services
by the employee solely to transactions directly associated with the business purposes o the
employer.
8203.1. Military and naval reservations; appointment and commission o notaries;qualications
The Secretary o State may appoint and commission notaries public or the military and
naval reservations o the Army, Navy, Coast Guard, Air Force, and Marine Corps o the United
States,whereverlocatedinthestate;provided,however,thattheappointeeshallbeacitizen
o the United States, not less than 18 years o age, and must meet the requirements set orth
in paragraphs (3) and (4) o subdivision (a) o Section 8201.
8203.2. Military and naval reservations, recommendation o commanding ocer;
jurisdiction o notary
Such notaries public shall be appointed only upon the recommendation o the commandingocer o the reservation in which they are to act, and they shall be authorized to act only
within the boundaries o this reservation.
8203.3. Military and naval reservations, qualications o notaries
In addition to the qualications established in Section 8203.1, appointment will be made
only rom among those persons who are ederal civil service employees at the reservation in
which they will act as notaries public.
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8203.4. Military and naval reservations; term o oce; termination; resignation
The term o oce shall be as set orth in Section 8204, except that the appointment shall
terminate i the person shall cease to be employed as a ederal civil service employee at the
reservation or which appointed. The commanding ocer o the reservation shall notiy the
Secretary o State o termination o employment at the reservation or which appointed within
30 days o such termination. A notary public whose appointment terminates pursuant to thissection will have such termination treated as a resignation.
8203.5. Military and naval reservations, jurat
In addition to the name o the State, the jurat shall also contain the name o the reservation
in which the instrument is executed.
8203.6. Military and naval reservations, ees
No ees shall be collected by such notaries public or service rendered within the reservation
in the capacity o a notary public.
8204. Term o oce
The term o oce o a notary public is or our years commencing with the date specied
in the commission.
8204.1. Cancellation o Commission; ailure to pay; notice
The Secretary o State may cancel the commission o a notary public i a check or other
remittance accepted as payment or the examination, application, commission, and ngerprint
ee is not paid upon presentation to the nancial institution upon which the check or other
remittance was drawn. Upon receiving written notication that the item presented or payment
has not been honored or payment, the Secretary o State shall rst give a written notice o
the applicability o this section to the notary public or the person submitting the instrument.
Thereater, i the amount is not paid by a cashiers check or the equivalent, the Secretary o
State shall give a second written notice o cancellation and the cancellation shall thereupon beeective. This second notice shall be given at least 20 days ater the rst notice, and no more
than 90 days ater the commencement date o the commission.
8205. Duties
(a) It is the duty o a notary public, when requested:
(1) To demand acceptance and payment o oreign and inland bills o exchange, or promissory
notes, to protest them or nonacceptance and nonpayment, and, with regard only to the
nonacceptance or nonpayment o bills and notes, to exercise any other powers and duties that
by the law o nations and according to commercial usages, or by the laws o any other state,
government, or country, may be perormed by notaries.(2) To take the acknowledgment or proo o advance health care directives, powers o
attorney, mortgages, deeds, grants, transers, and other instruments o writing executed by any
person, and to give a certicate o that proo or acknowledgment, endorsed on or attached to
the instrument. The certicate shall be signed by the notary public in the notary publics own
handwriting. A notary public may not accept any acknowledgment or proo o any instrument
that is incomplete.
(3) To take depositions and adavits, and administer oaths and armations, in all matters
incident to the duties o the oce, or to be used beore any court, judge, ocer, or board. Any
deposition, adavit, oath, or armation shall be signed by the notary public in the notarypublics own handwriting.
(4) To certiy copies o powers o attorney under Section 4307 o the Probate Code. The
certication shall be signed by the notary public in the notary publics own handwriting.
(b) It shall urther be the duty o a notary public, upon written request:
(1) To urnish to the Secretary o State certied copies o the notarys journal.
(2) To respond within 30 days o receiving written requests sent by certied mail rom the
Secretary o States oce or inormation relating to ocial acts perormed by the notary.
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8206. Sequential journal; contents; thumbprint; loss o journal; copies o pages;
exclusive property o notary public; limitations on surrender
(a) (1) A notary public shall keep one active sequential journal at a time, o all ocial acts
perormed as a notary public. The journal shall be kept in a locked and secured area, under
the direct and exclusive control o the notary. Failure to secure the journal shall be cause or
the Secretary o State to take administrative action against the commission held by the notarypublic pursuant to Section 8214.1.
(2) The journal shall be in addition to, and apart rom, any copies o notarized documents
that may be in the possession o the notary public and shall include all o the ollowing:
(A) Date, time, and type o each ocial act.
(B) Character o every instrument sworn to, armed, acknowledged, or proved beore the
notary.
(C) The signature o each person whose signature is being notarized.
(D) A statement as to whether the identity o a person making an acknowledgment or
taking an oath or armation was based on satisactory evidence. I identity was established
by satisactory evidence pursuant to Section 1185 o the Civil Code, the journal shall contain
the signature o the credible witness swearing or arming to the identity o the individual or
the type o identiying document, the governmental agency issuing the document, the serial
or identiying number o the document, and the date o issue or expiration o the document.
(E) I the identity o the person making the acknowledgment or taking the oath or armation
was established by the oaths or armations o two credible witnesses whose identities are
proven to the notary public by presentation o any document satisying the requirements o
paragraph (3) or (4) o subdivision (b) o Section 1185 o the Civil Code, the notary public
shall record in the journal the type o documents identiying the witnesses, the identiying
numbers on the documents identiying the witnesses, and the dates o issuance or expirationo the documents identiying the witnesses.
(F) The ee charged or the notarial service.
(G) I the document to be notarized is a deed, quitclaim deed, deed o trust aecting real
property, or a power o attorney document, the notary public shall require the party signing
the document to place his or her right thumbprint in the journal. I the right thumbprint is not
available, then the notary shall have the party use his or 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 trusteesdeed resulting rom a decree o oreclosure or a nonjudicial oreclosure pursuant to Section
2924 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 name
o 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 publics 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 employers 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 this
section, 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 publics commission expires. The seal o every notary public
commissioned on or ater Janu