california-notary-codes.pdf

CALIFORNIA NOTARY CODES

GOVERNMENT CODE SECTION 8200-8230

8200. The Secretary of State may appoint and commission notaries public in such number as the

Secretary of State deems necessary for the public convenience. Notaries public may act as such

notaries in any part of this state.

8201. (a) Every person appointed as notary public shall meet all of the following requirements:

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

in Section 8203.1.

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

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

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

functions and duties of a notary public.

(4) Have satisfactorily completed a written examination prescribed by the Secretary of State

to determine the fitness of the person to exercise the functions and duties of the office of notary

public. All questions shall be based on the law of this state as set forth in

the booklet of the laws of California relating to notaries public distributed by the Secretary of

State.

(b) (1) Commencing July 1, 2005, each applicant for notary public shall provide satisfactory

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

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

State.

(2) Commencing July 1, 2005, an applicant for notary public who holds a California notary

public commission, and who has satisfactorily completed the six-hour course of study required

pursuant to paragraph (1) at least one time, shall provide satisfactory proof when applying for

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

refresher course of study prior to reappointment as a notary public by the Secretary of State.

8201.1. Prior to granting an appointment as a notary public, the Secretary of State shall

determine that the applicant possesses the required honesty, credibility, truthfulness, and

integrity to fulfill the responsibilities of the position. To assist in determining the identity of the

applicant and whether the applicant has been convicted of a disqualifying crime specified in

subdivision (b) of Section 8214.1, the Secretary of State shall require that applicants be

fingerprinted.

8201.2. (a) Commencing January 1, 2005, the Secretary of State shall review the course of study

and any refresher course proposed by any vendor to be offered pursuant to paragraph (3) of

subdivision (a) and paragraph (2) of subdivision (b) of Section 8201. If the course of study

includes all material that a person is expected to know to satisfactorily complete the written

examination required pursuant to paragraph (4) of subdivision (a) of Section 8201, the Secretary

of State shall approve the course of study.

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

certificate of approval for the notary public education course of study proposed by a vendor.

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

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

California relating to notaries public distributed by the Secretary of State.

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

adopted by the Secretary of State for approved vendors is subject to a civil penalty not to exceed

one thousand dollars ($1,000) for 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.

8201.5. The Secretary of State shall require an applicant for appointment and commission as a

notary public to complete an application form prescribed by the Secretary of State. Information

on this form filed by an applicant with the Secretary of State, except for his name and address, is

confidential and no individual record shall be divulged by an official or employee having access

to it to any person other than the applicant, his authorized representative, or an employee or

officer of the federal government, the state government, or a local agency, as defined in

subdivision (b) of Section 6252 of the Government Code, acting in his official capacity. Such

information shall be used by the Secretary of State for the sole purpose of carrying out the duties

of this chapter.

8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant

and shall determine, from personal knowledge or satisfactory evidence as described in Section

1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall

sign the document in the presence of the notary.

(b) To any affidavit subscribed and sworn to before a notary, there shall be attached a jurat in

the following form:

State of California County of _______________ Subscribed and sworn to (or affirmed) before

me on this _____ day of _______, 20__, by _________________________, personally known to

me or proved to me on the basis of satisfactory evidence to be the

person(s) who appeared before me.

Seal____________________________

Signature_______________________

8202.5. The Secretary of State may appoint and commission the number of state, city, county,

and public school district employees as notaries public to act for and on behalf of the

governmental entity for which appointed which the Secretary of State deems proper. Whenever a

notary is appointed and commissioned, a duly authorized representative of the employing

governmental entity shall execute a certificate that the appointment is made for the purposes of

the employing governmental entity, and whenever the certificate is filed with any state or county

officer, no fees shall be charged by the officer for the filing or issuance of any document in

connection with the appointment.

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

commissioned pursuant to this section may pay from any funds available for its support the

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

with the appointment, commission, or performance of the duties of the notary public.

Any fees collected or obtained by any notary public whose documents have been filed without

charge and for whom bond premiums have been paid by the employer of the notary public shall

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

credit of the fund from which the salary of the notary public is paid.

8202.7. A private employer, pursuant to an agreement with an employee who is a notary public,

may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required

in connection with the appointment, commission, or performance of the duties of such notary

public. Such agreement may also provide for the remission of fees collected by such notary

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

such agreement is in effect shall be remitted by such notary public to the employer which shall

deposit such funds to the credit of the fund from which the compensation of the notary public is

paid.

8202.8. Notwithstanding any other provision of law, a private employer of a notary public who

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

during the employee's ordinary course of employment, the providing of notarial services by the

employee solely to transactions directly associated with the business purposes of the employer.

8203.1. The Secretary of State may appoint and commission notaries public for the military and

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

States, wherever located in the state; provided, however, that the appointee shall be a citizen of

the United States, not less than 18 years of age, and must meet the requirements set forth in

paragraphs (3) and (4) of subdivision (a) of Section 8201.

8203.2. Such notaries public shall be appointed only upon the recommendation of the

commanding officer of the reservation in which they are to act, and they shall be authorized to

act only within the boundaries of this reservation.

8203.3. In addition to the qualifications established in Section 8203.1, appointment will be made

only from among those persons who are federal civil service employees at the reservation in

which they will act as notaries public.

8203.4. The term of office shall be as set forth in Section 8204, except that the appointment

shall terminate if the person shall cease to be employed as a federal civil service employee at the

reservation for which appointed. The commanding officer of the reservation shall notify the

Secretary of State of termination of employment at the reservation for which appointed within 30

days of such termination. A notary public whose appointment terminates pursuant to this section

will have such termination treated as a resignation.

8203.5. In addition to the name of the State, the jurat shall also contain the name of the

reservation in which the instrument is executed.

8203.6. No fees shall be collected by such notaries public for service rendered within the

reservation in the capacity of a notary public.

8204. The term of office of a notary public is for four years commencing with the date specified

in the commission.

8204.1. The Secretary of State may cancel the commission of a notary public if a check or other

remittance accepted as payment for the examination, application, commission, and fingerprint

fee is not paid upon presentation to the financial institution upon which the check or other

remittance was drawn. Upon receiving written notification that the item presented for payment

has not been honored for payment, the Secretary of State shall first give a written notice of the

applicability of this section to the notary public or the person submitting the

instrument. Thereafter, if the amount is not paid by a cashier's check or the equivalent, the

Secretary of State shall give a second written notice of cancellation and the cancellation shall

thereupon be effective. This second notice shall be given at least 20 days after the first notice,

and no more than 90 days after the commencement date of the commission.

8205. (a) It is the duty of a notary public, when requested:

(1) To demand acceptance and payment of foreign and inland bills of exchange, or

promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to

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

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

government, or country, may be performed by notaries.

(2) To take the acknowledgment or proof of advance health care directives, powers of

attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any

person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the

instrument. The certificate shall be signed by the notary public in the notary public's own

handwriting. A notary public may not accept any acknowledgment or proof of any instrument

that is incomplete.

(3) To take depositions and affidavits, and administer oaths and affirmations, in all matters

incident to the duties of the office, or to be used before any court, judge, officer, or board. Any

deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary

public's own handwriting.

(4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The

certification shall be signed by the notary public in the notary public's own handwriting.

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

(1) To furnish to the Secretary of State certified copies of the notary's journal.

(2) To respond within 30 days of receiving written requests sent by certified mail from the

Secretary of State's office for information relating to official acts performed by the notary.

8206. (a) (1) A notary public shall keep one active sequential journal at a time, of all official

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

the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the

Secretary of State to take administrative action against the commission held by the notary public

pursuant to Section 8214.1.

(2) The journal shall be in addition to and apart from any copies of notarized documents that

may be in the possession of the notary public and shall include all of the following:

(A) Date, time, and type of each official act.

(B) Character of every instrument sworn to, affirmed, acknowledged, or proved before the

notary.

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

taking an oath or affirmation was based on personal knowledge or satisfactory evidence. If

identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code,

then the journal shall contain the signature of the credible witness swearing or affirming to the

identity of the individual or the type of identifying document, the governmental agency issuing

the document, the serial or identifying number of the document, and the date of issue

or expiration of the document.

(E) If the identity of the person making the acknowledgment or taking the oath or

affirmation was established by the oaths or affirmations of two credible witnesses whose

identities are proven upon the presentation of satisfactory evidence, the type of identifying

documents, the identifying numbers of the documents and the dates of issuance or expiration of

the documents presented by the witnesses to establish their identity.

(F) The fee charged for the notarial service.

(G) If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting

real property, the notary public shall require the party signing the document to place his or her

right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have

the party use his or her left thumb, or any available finger and shall so indicate in the journal. If

the party signing the document is physically unable to provide a thumbprint or fingerprint, the

notary shall so indicate in the journal and shall also provide an explanation of that physical

condition. This paragraph shall not apply to a trustee's deed resulting from a decree of

foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed

of reconveyance.

(b) If a sequential journal of official acts performed by a notary public is stolen, lost,

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

information, the notary public shall immediately notify the Secretary of State by certified or

registered mail. The notification shall include the period of the journal entries, the notary public

commission number, and the expiration date of the commission, and when applicable, a

photocopy of any police report that specifies the theft of the sequential journal of official acts.

of the parties, the type of document, and the month and year in which notarized, the notary shall

supply a photostatic copy of the line item representing the requested transaction at a cost of not

more than thirty cents ($0.30) per page.

(d) The journal of notarial acts of a notary public is the exclusive property of that notary

public, and shall not be surrendered to an employer upon termination of employment, whether or

not the employer paid for the journal, or at any other time. The notary public shall not surrender

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

officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her

official capacity and within his or her authority, in response to a criminal search warrant signed

by a magistrate and served upon the notary public by the peace officer. The notary public shall

obtain a receipt for the journal, and shall notify the Secretary of State by certified mail within 10

days that the journal was relinquished to a peace officer. The notification shall include the

period of the journal entries, the commission number of the notary public, the expiration date of

the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential

journal. If the journal relinquished to a peace officer is returned to the notary public and a new

journal has been obtained, the notary public shall make no new entries in the returned journal. A

notary public who is an employee shall permit inspection and copying of journal transactions by

a duly designated auditor or agent of the notary public's employer, provided that the inspection

and copying is done in the presence of the notary public and the transactions are directly

associated with the business purposes of the employer. The notary public, upon the request of

the employer, shall regularly provide copies of all transactions that are directly associated with

the business purposes of the employer, but shall not be required to provide copies of any

transaction that is unrelated to the employer's business. Confidentiality and safekeeping of any

copies of the journal provided to the employer shall be the responsibility of that employer.

(e) The notary public shall provide the journal for examination and copying in the presence

of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify

those copies if requested.

8207. A notary public shall provide and keep an official seal, which shall clearly show, when

embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal,

the words "Notary Public," and the name of the county wherein the bond and oath of office are

filed, and the date the notary public's commission expires. The seal of every notary public

commissioned on or after January 1, 1992, shall contain the sequential identification number

assigned to the notary and the sequential identification number assigned to the manufacturer or

vendor. The notary public shall authenticate with the official seal all official acts. A notary

public shall not use the official notarial seal except for the purpose of carrying out the duties and

responsibilities as set forth in this chapter. A notary public shall not use the title "notary public"

except for the purpose of rendering notarial service.

The seal of every notary public shall be affixed by a seal press or stamp that will print or emboss

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

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

not more than one inch in width by two and one-half inches in length, with a serrated or milled

edged border, and shall contain the information required by this section. The seal shall be kept in

a locked and secured area, under the direct and exclusive control of the notary. Failure to secure

the seal shall be cause for the Secretary of State to take administrative action against the

commission held by the notary public pursuant to Section 8214.1. The official seal of a notary

public is the exclusive property of that notary public, and shall not be surrendered to an employer

upon the termination of employment, whether or not the employer paid for the seal, or to any

other person. The notary, or his or her representative, shall destroy or deface the seal upon

termination, resignation, or revocation of the notary's commission. This section shall become

operative on January 1, 1992.

8207.1. The Secretary of State shall assign a sequential identification number to each notary

which shall appear on the notary commission.

This section shall become operative on January 1, 1992.

8207.2. (a) No notary seal or press stamp shall be manufactured, duplicated, sold, or offered for

sale unless authorized by the Secretary of State.

(b) The Secretary of State shall develop and implement procedures and guidelines for the

issuance of notary seals on or before January 1, 1992.

manufacturer or vendor authorized to issue notary seals. The Secretary of State may establish a

fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit.

(d) The Secretary of State shall develop a certificate of authorization to purchase a notary

stamp from an authorized vendor.

(e) The certificate of authorization shall be designed to prevent forgeries and shall contain a

sequential identification number.

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

8207.3. (a) The Secretary of State shall issue certificates of authorization with which a notary

public can obtain an official notary seal.

(b) A vendor or manufacturer is authorized to provide a notary with an official seal only upon

presentation by the notary public of a certificate of authorization.

sequential identification numbers of certificates presented by a notary public upon a certificate of

authorization.

(d) A copy of a certificate of authorization shall be retained by a vendor and the original,

which shall contain a sample impression of the seal issued to the notary public, shall be

submitted to the Secretary of State for verification and recordkeeping. The Secretary of State

shall develop guidelines for submitting certificates of authorization by vendors.

(e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is

rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the

Secretary of State. The Secretary of State, within five working days after receipt of the notice, if

requested by a notary, shall issue a certificate of authorization which a notary may use to obtain a

replacement seal.

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

8207.4. (a) Any person who willfully violates any part of Section 8207.1, 8207.2, 8207.3, or

8207.4 shall be subject to a civil penalty not to exceed one thousand five hundred dollars

($1,500) for each violation, which may be recovered in a civil action brought by the Attorney

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

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

other relief or remedy provided by law.

8208. The protest of a notary public, under his or her hand and official seal, of a bill of exchange

or promissory note for nonacceptance or nonpayment, specifying any of the following is prima

facie evidence of the facts recited therein:

(a) The time and place of presentment.

(b) The fact that presentment was made and the manner thereof.

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

could not be found.

8209. (a) If any notary public resigns, is disqualified, removed from office, or allows his or her

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

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

current official oath of office is on file. If the notary public willfully fails or refuses to deliver all

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

misdemeanor and shall be personally liable for damages to any person injured by that action or

inaction.

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

shall promptly notify the Secretary of State of the death of the notary public and shall deliver all

notarial records and papers of the deceased to the clerk of the county in which the notary public's

official oath of office is on file.

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

8211. Fees charged by a notary public for the following services shall not exceed the fees

prescribed by this section.

(a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal

and the writing of the certificate, the sum of ten dollars ($10) for each signature taken.

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

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

twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the

oath to the witness and the sum of five dollars ($5) for the certificate to the deposition.

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

nonacceptance of a bill of exchange, draft, or check, the sum of ten dollars ($10).

(e) For serving every notice of nonpayment of a promissory note or of nonpayment or

nonacceptance of a bill of exchange, order, draft, or check, the sum of five dollars ($5).

(f) For recording every protest, the sum of five dollars ($5).

(g) No fee may be charged to notarize signatures on absentee ballot identification envelopes

or other voting materials.

(h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the

sum of ten dollars ($10).

(i) In accordance with Section 6107, no fee may be charged to a United States military

veteran for notarization of an application or a claim for a pension, allotment, allowance,

compensation, insurance, or any other veteran's benefit.

8212. Every person appointed a notary public shall execute an official bond in the sum of fifteen

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

surety insurer and not a deposit in lieu of bond.

8213. (a) No later than 30 days after the beginning of the term prescribed in the commission,

every person appointed a notary public shall file an official bond and an oath of office in the

office of the county clerk of the county within which the person maintains a principal place of

business as shown in the application submitted to the Secretary of State, and the commission

shall not take effect unless this is done within the 30-day period. A person appointed to be a

notary public shall take and subscribe the oath of office either in the office of that county clerk or

before another notary public in that county. If the oath of office is taken and subscribed before a

notary public, the oath and bond may be filed with the county clerk by certified mail. Upon the

filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State

a certificate setting forth the fact of the filing and containing a copy of the official oath,

personally signed by the notary public in the form set forth in the commission and shall

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

the oath of office for one year following the expiration of the term of the commission for which

the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of

the oath, personally signed by the notary public, on file with the Secretary of State may at any

time be read in evidence with like effect as the original oath, without further proof.

(b) If a notary public transfers the principal place of business from one county to another, the

notary public may file a new oath of office and bond, or a duplicate of the original bond with the

county clerk to which the principal place of business was transferred. If the notary public elects

to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal

which shall include the name of the county to which the notary public has transferred. In a case

where the notary public elects to make a new filing, the same filing and recording fees are

applicable as in the case of the original filing and recording of the bond.

notary public shall, within 30 days from the date an amended commission is issued, file a new

oath of office and an amendment to the bond with the county clerk in which the principal place

of business is located. The amended commission with the name change shall not take effect

unless the filing is completed within the 30-day period. The amended commission with the name

change takes effect the date the oath and amendment to the bond is filed with the county clerk. If

the principal place of business address was changed in the application for name change, either a

new or duplicate of the original bond shall be filed with the county clerk with the amendment to

the bond. The notary public shall, within 30 days of the filing, obtain an official seal that

includes the name of the notary public and the name of the county to which the notary public has

transferred, if applicable.

(d) The recording fee specified in Section 27361 of the Government Code shall be paid by

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

it to the county recorder.

(e) The county recorder shall record the bond and shall thereafter mail, unless specified to the

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

it for recording.

8213.5. A notary public shall notify the Secretary of State by certified mail within 30 days as to

any change in the location or address of the principal place of business or residence.

8213.6. If a notary public changes his or her name, the notary public shall complete an

application for name change form and file that application with the Secretary of State.

Information on this form shall be subject to the confidentiality provisions described in Section

8201.5. Upon approval of the name change form, the Secretary of State shall issue a commission

that reflects the new name of the notary public. The term of the commission and commission

number shall remain the same.

8214. For the official misconduct or neglect of a notary public, the notary public and the sureties

on the notary public's official bond are liable in a civil action to the persons injured thereby for

all the damages sustained.

8214.1. The Secretary of State may refuse to appoint any person as notary public or may revoke

or suspend the commission of any notary public upon any of the following grounds: (a)

Substantial and material misstatement or omission in the application submitted to the Secretary

of State.

(b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a

nature incompatible with the duties of a notary public. A conviction after a plea of nolo

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

suspension, restriction, or denial was for misconduct for dishonesty, or for any cause

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

(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a

notary public.

(e) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or

violation of the state regulatory laws or in any suit based upon a failure to discharge fully and

faithfully the duties as a notary public.

(f) The use of false or misleading advertising wherein the notary public has represented that

the notary public has duties, rights, or privileges that he or she does not possess by law.

(g) The practice of law in violation of Section 6125 of the Business and Professions Code.

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

(i) Commission of any act involving dishonesty, fraud, or deceit with the intent to

substantially benefit the notary public or another, or substantially injure another.

(j) Failure to complete the acknowledgment at the time the notary' s signature and seal are

affixed to the document.

(k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision

(a) of Section 8205.

(l) Execution of any certificate as a notary public containing a statement known to the notary

public to be false.

(m) Violation of Section 8223.

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

this chapter or failure to satisfy any court-ordered money judgment, including restitution.

(o) Failure to secure the sequential journal of official acts, pursuant to Section 8206, or the

official seal, pursuant to Section 8207.

(p) Violation of Section 8219.5.

8214.15. (a) In addition to any commissioning or disciplinary sanction, a violation of

subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d) of

Section 8214.1, is punishable by a civil penalty not to exceed one thousand five hundred dollars

($1,500).

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

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

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

pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the

determination.

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

Fund. It is the intent of the Legislature that to the extent General Fund moneys are raised by

penalties collected pursuant to this section, that money should be made available to the Secretary

of State's office to defray its costs of investigating and pursuing commissioning and monetary

remedies for violations of the notary public law.

8214.2. A notary public who knowingly and willfully with intent to defraud performs any

notarial act in relation to a deed of trust on real property consisting of a single-family residence

containing not more than four dwelling units, with knowledge that the deed of trust contains any

false statements or is forged in whole or in part, is guilty of a felony.

8214.3. Prior to a revocation or suspension pursuant to this chapter or after a denial of a

commission, or prior to the imposition of a civil penalty, the person affected 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) of Part 1 of Division 3, except that a person shall not have a

right to a hearing after a denial of an application for a notary public commission in either of the

following cases:

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

proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1

of Division 3, denied or revoked the applicant's application or commission.

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

applicant has committed or omitted acts constituting grounds for suspension or revocation of a

notary public's commission.

8214.4. Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1

of Division 3, if the Secretary of State determines, after proceedings conducted in accordance

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

has committed or omitted acts constituting grounds for suspension or revocation of a notary

public's commission, the resignation or expiration of the notary public's commission shall not bar

the Secretary of State from instituting or continuing an investigation or instituting disciplinary

proceedings. Upon completion of the disciplinary proceedings, the Secretary of State shall enter

an order finding the facts and stating the conclusion that the facts would or would not have

constituted grounds for suspension or revocation of the commission if the commission had still

been in effect.

8214.5. Whenever the Secretary of State revokes the commission of any notary public, the

Secretary of State shall file with the county clerk of the county in which the notary public's

principal place of business is located a copy of the revocation. The county clerk shall note such

revocation and its date upon the original record of such certificate.

8214.8. Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a

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

the commission of the notary public, and shall require the notary public to surrender to the court

the seal of the notary public. The court shall forward the seal, together with a certified copy of

the judgment of conviction, to the Secretary of State.

8216. When a surety of a notary desires to be released from responsibility on account of future

acts, the release shall be pursuant to Article 11 (commencing with Section 996.110), and not by

cancellation or withdrawal pursuant to Article 13 (commencing with Section 996.310), of

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

make application to the superior court of the county in which the notary public's principal place

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

Secretary of State as the beneficiary.

8219.5. (a) Every notary public who is not an attorney who advertises the services of a notary

public in a language other than English by signs or other means of written communication, with

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

in the other language which sets forth the following:

(1) This statement: I am not an attorney and, therefore, cannot give legal advice about

immigration or any other legal matters.

(2) The fees set by statute which a notary public may charge.

(b) The notice required by subdivision (a) shall be printed and posted as prescribed by the

Secretary of State.

publico" or "notario," is prohibited. For purposes of this subdivision, "literal translation" of a

word or phrase from one language to another means the translation of a word or phrase without

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

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

commission of any notary public who fails to comply with subdivision (a) or (c). However, on

the second offense the commission of such notary public shall be revoked permanently.

8220. The Secretary of State may adopt rules and regulations to carry out the provisions of this

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

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

8221. If any person shall knowingly destroy, deface, or conceal any records or papers belonging

to the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a

civil action for damages to any person injured as a result of such destruction, defacing, or

concealment.

8222. (a) Whenever it appears to the Secretary of State that any person has engaged or is about

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

of this chapter or any rule or regulation prescribed under the authority thereof, the Secretary of

State may apply for an injunction, and upon a proper showing, any court of competent

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

enforce the provisions of this chapter, and any party to the action has the right to prosecute an

appeal from the order or judgment of the court.

(b) The court may order a person subject to an injunction or restraining order provided for in

this section to reimburse the Secretary of State for expenses incurred in the investigation related

to the petition. The Secretary of State shall refund any amount received as reimbursement

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

8223. (a) No notary public who holds himself or herself out as being an immigration specialist,

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

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

(b) A notary public qualified and bonded as an immigration consultant under Chapter 19.5

(commencing with Section 22440) of Division 8 of the Business and Professions Code may enter

data, provided by the client, on immigration forms provided by a federal or state agency. The fee

for this service shall not exceed ten dollars ($10) per individual for each set of forms. If notary

services are performed in relation to the set of immigration forms, additional fees may be

collected pursuant to Section 8211. This fee limitation shall not apply to an attorney, who is also

a notary public, who is rendering professional services regarding immigration matters.

an immigration form at the direction of a client, or otherwise performs the services of an

immigration consultant, as defined by Section 22441 of the Business and Professions Code, from

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

Business and Professions Code. A notary public who is not qualified and bonded as an

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

the Business and Professions Code may not enter data provided by a client on immigration forms

nor otherwise perform the services of an immigration consultant.

8224. A notary public who has a direct financial or beneficial interest in a transaction shall not

perform any notarial act in connection with such transaction.

For purposes of this section, a notary public has a direct financial or beneficial interest in a

transaction if the notary public:

(a) With respect to a financial transaction, is named, individually, as a principal to the

transaction.

(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor,

mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction.

For purposes of this section, a notary public has no direct financial or beneficial interest in a

transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney,

escrow, or lender for a person having a direct financial or beneficial interest in the transaction.

8224.1. A notary public shall not take the acknowledgment or proof of instruments of writing

executed by the notary public nor shall depositions or affidavits of the notary public be taken by

the notary public.

8225. (a) Any person who solicits, coerces, or in any manner influences a notary public to

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

act required of a notary public under Section 8206, shall be guilty of a misdemeanor.

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

other relief or remedy provided by law.

8227.1. It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and

acting notary public for the State of California to do any of the following:

(a) Represent or hold himself or herself out to the public or to any person as being entitled to

act as a notary public.

(b) Assume, use or advertise the title of notary public in such a manner as to convey the

impression that the person is a notary public.

8227.3. Any person who is not a duly commissioned, qualified, and acting notary public who

does any of the acts prohibited by Section 8227.1 in relation to any document or instrument

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

deed of trust on, real property consisting of a single-family residence containing not more than

four dwelling units, is guilty of a felony.

8228. The Secretary of State may enforce the provisions of this chapter through the examination

of a notary public's books, records, letters, contracts, and other pertinent documents relating to

the official acts of the notary public.

8228.1. (a) Any notary public who willfully fails to perform any duty required of a notary public

under Section 8206, or who willfully fails to keep the seal of the notary public under the direct

and exclusive control of the notary public, or who surrenders the seal of the notary public to any

person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a

misdemeanor.

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

other relief or remedy provided by law.

8230. If a notary public executes a jurat and the statement sworn or subscribed to is contained in

a document purporting to identify the affiant, and includes the birthdate or age of the person and

a purported photograph or finger or thumbprint of the person so swearing or subscribing, the

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

birthdate or age contained in the statement by showing either:

(a) A certified copy of the person's birth certificate, or

(b) An identification card or driver's license issued by the Department of Motor Vehicles.

For the purposes of preparing for submission of forms required by the United States Immigration

and Naturalization Service, and only for such purposes, a notary public may also accept for

identification any documents or declarations acceptable to the United States Immigration and

Naturalization Service.