NOTARY PUBLIC
HANDBOOK
Published by
Debra Bowen
Secretary of State
Notary Public Section
2007
January 2007
Dear Californian:
Welcome to the official source of laws relating to notaries public in California. You have
demonstrated an interest in becoming part of a growing profession of more than 288,000
public officials who perform invaluable services to the legal, business, financial, and real
estate communities. For those of you who are currently fulfilling your duties and
responsibilities as notaries public, you are contributing to our state’s social and economic
achievements.
The Notary Public Handbook has been designed to supplement the required course of study,
and to prepare you for the notary public examination. In addition, the Notary Public Handbook
is intended for use as a ready reference to assist notaries public in the performance of their
duties.
A copy of the Notary Public Handbook, as well as additional information regarding the
qualifications and procedures to follow to become a notary public, are available on the
Secretary of State’s website at www.sos.ca.gov/business/notary/notary.htm.
On behalf of the people of California, thank you for your interest in performing an important
public service as a notary public.
Sincerely,
Notary Public & Special Filings Section
Business Programs Division
Secretary of State
State of California
2
Correspondence should be addressed to:
Mailing address: Business Programs Division
Notary Public & Special Filings Section
P.O. Box 942877
Sacramento, California 94277-0001
Location: 1500 – 11
th
Street
Sacramento, California 95814
(916) 653-3595
Website: www.sos.ca.gov/business/notary/notary.htm
Approved Education Vendors: http://notaryeducation.sos.ca.gov/
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Page
General Information ............................................................................................................... 5
Appointment and Qualifications ............................................................................... 5
Convictions ........................................................................................................ 5
Notary Public Education ................................................................................... 5
Requirements and Time Limit for Qualifying ........................................................... 6
Notary Public Bonds ................................................................................................. 6
Geographic Jurisdiction ............................................................................................. 6
Acts Constituting the Practice of Law ....................................................................... 6
Notary Public Seal ..................................................................................................... 7
Identification ............................................................................................................. 8
Notary Public Journal ................................................................................................ 9
Conflict of Interest................................................................................................... 10
Acknowledgment..................................................................................................... 10
Jurat ......................................................................................................................... 12
Proof of Execution by a Subscribing Witness ......................................................... 12
Signature by Mark ................................................................................................... 14
Powers of Attorney - Certifying .............................................................................. 15
Notarization of Incomplete Documents................................................................... 16
Certified Copies ....................................................................................................... 16
Illegal Advertising ................................................................................................... 16
Immigration Documents .......................................................................................... 16
Confidential Marriage Licenses .............................................................................. 16
Grounds for Denial, Revocation, or
Suspension of Appointment and Commission.................................................... 17
Disciplinary Guidelines ........................................................................................... 17
Fees .......................................................................................................................... 17
Change of Address................................................................................................... 18
Foreign Language .................................................................................................... 18
Common Questions and Answers............................................................................ 18
Government Code................................................................................................................. 22
Civil Code............................................................................................................................. 37
Code of Civil Procedure ....................................................................................................... 41
Elections Code ...................................................................................................................... 41
Commercial Code ................................................................................................................. 42
Probate Code ........................................................................................................................ 42
Family Code ......................................................................................................................... 42
Penal Code ............................................................................................................................ 43
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5GENERAL INFORMATION
APPOINTMENT AND QUALIFICATIONS
In order to qualify to become a notary public you must meet all of the following requirements:
(Government Code section 8201)
1. Be a legal resident of the State of California;
2. Be at least 18 years of age;
3. Satisfactorily complete a course of study approved by the Secretary of State;
4. Pass a written examination prescribed by the Secretary of State; and
5. Pass a background check.
To determine if a person meets the requirements to fulfill the responsibilities of the position,
a completed application shall be submitted at the examination site, then forwarded to the
Office of the Secretary of State and reviewed by Secretary of State staff for qualifying
information.
To assist the Secretary of State in determining the identity of an applicant and whether the
applicant has been convicted of a disqualifying crime, state law requires all applicants to be
fingerprinted as part of a thorough background check prior to being granted an appointment
as a notary public. (Government Code section 8201.1) Information concerning the fingerprinting
requirements will be mailed to candidates who pass the examination. Commissioned notaries
public seeking reappointment with less than a six-month break in service are not required to
have their fingerprints retaken. Those applicants who have held a notary public commission in
the past, but have had a break in their commission of more than six months, are required to
have their fingerprints submitted via live scan.
Convictions
Applicants are required to disclose arrests for which trials are pending and all convictions
on their applications, including convictions dismissed under Penal Code section 1203.4 or
1203.4a. If you have any questions concerning the disclosure of convictions or arrests, contact
the Secretary of State prior to signing the application. If you do not recall the specifics about
your arrest(s) and/or conviction(s), you can contact the California Department of Justice at
(916) 227-3849.
The Secretary of State may deny an application for the following reasons: (For a complete
list of reasons the Secretary of State may deny an application, please refer to Government
Code section 8214.1 and the Notary Public Disciplinary Guidelines (2001).
- Failure to disclose any conviction;
- Conviction of a felony; or
- Conviction of a disqualifying misdemeanor when less than 10 years have passed since
the completion of probation.
The applicant has the right to appeal the denial through the administrative hearing process.
(Government Code section 8214.3)
Please refer to the Secretary of State’s Notary Public Disciplinary Guidelines (2001), for a
list of the most common disqualifying convictions. The disciplinary guidelines are available
on the Secretary of State’s website or can be mailed to you upon request. Please refer to the
inside front cover of this handbook for our website and mailing addresses.
Notary Public Education
All persons appointed on or after July 1, 2005, are required to take and satisfactorily complete
a six-hour course of study approved by the Secretary of State prior to appointment as a notary
public. Please note that all persons being appointed, no matter how many commission terms
that person has held in the past, are required to take the initial six-hour course of study.
(Government Code section 8201(a)(3) and (b)) Persons who hold current California notary
public commissions and who have completed an approved six-hour course at least one time
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GENERAL INFORMATION
are required to take and satisfactorily complete an approved three-hour refresher course prior
to reappointment as a notary public. The three-hour refresher course must be completed and
the application for reappointment must be made before the current commission expires. If the
commission expires before application is made for a new commission, a person must take an
approved six-hour course before being reappointed as a notary public, even if the person has at
least one time satisfactorily completed an approved six-hour course. The Secretary of State
reviews and approves courses of study. These approved courses include all the material that a
person is expected to know to satisfactorily complete the written examination. The Secretary
of State compiles a list of all persons offering an approved course of study. This list is available
on the Secretary of State’s website or can be mailed to you upon request. Please refer to the
inside front cover of this handbook for the Secretary of State’s approved education vendors
website and for our mailing address. (Government Code section 8201.2)
REQUIREMENTS AND TIME LIMIT FOR QUALIFYING
Once the commission has been issued, a person has 30 calendar days from the beginning of
the term prescribed in the commission to take, subscribe, and file an oath of office and file a
$15,000 surety bond with the county clerk’s office. The commission does not take effect until
the oath and bond are filed with the county clerk’s office. The filing must take place in the
county where the notary public maintains a principal place of business as shown in the
application on file with the Secretary of State. If the oath and bond are not filed within the 30-
calendar-day time period, the commission will not be valid, and the person commissioned
may not act as a notary public until a new appointment is obtained and the person has properly
qualified within the 30-calendar-day time limit. Government Code section 8213(a) permits
the filing of completed oaths and bonds by the applicable county clerk by certified mail. It
should be noted that exceptions to the 30-day filing requirement are not made due to mail
service or county clerk mail processing delays or for any other reason. If mailing an oath and
bond to the county clerk, sufficient time must be allowed by the newly appointed notary public
to ensure timely filing. (Government Code sections 8212 and 8213)
NOTARY PUBLIC BONDS
In order to provide some protection to the public, California law requires every notary public
to file an official bond in the amount of $15,000. It is important to note that the notary public
bond is not an insurance policy for the notary public. It is designed only to provide a limited
fund for paying claims against the notary public. The notary public remains personally liable
to the full extent of the damage sustained and may be required to reimburse the bonding
company for sums paid by the company because of misconduct or negligence of the notary
public. (Government Code sections 8212 to 8214)
GEOGRAPHIC JURISDICTION
A notary public can provide notarial services throughout the State of California. A notary
public is not limited to providing services only in the county where the oath and bond are on
file. In virtually all of the certificates the notary public is called on to complete, there will be
a venue heading such as “State of California, County of ___________.” The county named in
the heading is the county where the signer personally appeared before the notary public and
acknowledged signing the document or where the signer swore to (or affirmed) and signed the
document before the notary public in the case of a jurat. (Government Code section 8200)
ACTS CONSTITUTING THE PRACTICE OF LAW
California notaries public are prohibited from performing any duties which may be construed
as the unlawful practice of law. Among the acts which constitute the practice of law are the
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7GENERAL INFORMATION
preparation, drafting, or selection or determination of the kind of any legal document, or giving
advice with relation to any legal documents or matters. If asked to perform such tasks, a
California notary public should decline and refer the requester to an attorney.
NOTARY PUBLIC SEAL
Each 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 of the notary public and must not be
surrendered to an employer upon termination of employment, whether or not the employer
paid for the seal, or to any other person.
Because of the legal requirement that the seal be photographically reproducible, the rubber
stamp seal has become all but universal; however, notaries public may also use an embosser
seal in addition to the rubber stamp. The legal requirements for a seal are shown below.
(Government Code section 8207)
1. It is photographically reproducible when it is affixed to a document.
2. It contains the State Seal and the words “Notary Public.”
3. It contains the name of the notary public as shown on the commission.
4. It contains the name of the county where the oath of office and notary public bond are
on file.
5. It contains the expiration date of the notary public commission.
6. It contains the sequential identification number (commission number) assigned to the
notary public as well as the identification number assigned to the manufacturer or vendor.
7. It 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.
Many documents that are acknowledged may later be recorded. A document may not be
accepted by the recorder if the notary public seal is illegible. Notaries public are cautioned to
take care that the notary public stamp leaves a clear impression. All the elements must be
easily discernible. The seal should not be placed over signatures or any printed matter on the
document. An illegible or improperly placed seal may result in rejection of the document for
recordation and result in inconveniences and extra expenses for all those involved.
The law allows a condition under which a notary public may authenticate an official act
without using an official notary public seal. Because subdivision maps are usually drawn on a
material that will not accept standard stamp pad ink and other acceptable inks are not as
readily available, acknowledgments for California subdivision map certificates may be notarized
without the official seal. The notary public’s name, the county of the notary public’s principal
place of business, and the commission expiration date must be typed or printed below or
immediately adjacent to the notary public’s 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 of a misdemeanor if the notary public willfully fails to keep his or
her notary public seal under the notary public’s direct and exclusive control or if the notary
public willfully surrenders the notary public’s seal to any person not authorized to possess it.
(Government Code section 8228.1)
When the notary public commission is no longer valid, the notary public seal must be
destroyed to protect the notary public from possible fraudulent use by another. (Government
Code section 8207)
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GENERAL INFORMATION
IDENTIFICATION
When completing a certificate of acknowledgment or a jurat, a notary public is required to
certify to the identity of the signer of the document (Civil Code sections 1185(a), 1189,
Government Code section 8202). Identity is established if the notary public personally knows
the signer or if the notary public is presented with satisfactory evidence of the signer’s identity.
(Civil Code section 1185(a))
Personally Knows – “Personally Knows” means having an acquaintance, derived from
association with the individual in relation to other people and based upon a chain of
circumstances surrounding the individual, which establishes the individual’s identity with at
least reasonable certainty. (Civil Code section 1185(b))
Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information,
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 Identification Documents
or (B) the oath of a single credible witness or (C) the oaths of two credible witnesses, as
specified below:
A. Paper Identification Documents – Identity of the signer can be established by the
notary public’s reasonable reliance on the presentation of any one of the following documents,
provided that the identification document is current or has been issued within five years
(Civil Code section 1185(c)(3) & (4)):
1. An identification card or driver’s license issued by the California Department of Motor
Vehicles;
2. A United States passport;
3. Other State-approved identification card, consisting of any one of the following, provided
that it also contains a photograph, description of the person, signature of the person, and
an identifying number –
(a) A passport issued by a foreign government, provided that it has been stamped by the
U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;
(b) A driver’s license issued by another state or by a Canadian or Mexican public agency
authorized to issue drivers’ licenses;
(c) An identification card issued by another state;
(d) A military identification card with the required photograph, description of the person,
signature of the person, and an identifying number. (Some military identification cards do not
contain all the required information.);
(e) An inmate identification card issued by the California Department of Corrections, if the
inmate is in custody.
NOTE: The notary public must include in his or her journal 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 that was used to
establish the identity of the signer. (Government Code section 8206(a)(2)(D))
B. Oath of a Single Credible Witness – The identity of the signer can be established by
the oath of a single credible witness whom the notary public personally knows. (Civil Code
section 1185(c)(1)) Under oath, the credible witness must swear or affirm under penalty of
perjury that each of the following is true (Civil Code section 1185(c)(1)(A)-(E)):
1. The individual appearing before the notary public as the signer of the document is the
person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such
that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to
establish the signer’s identity;
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9GENERAL INFORMATION
5. The credible witness does not have a financial interest and is not named in the document
signed.
NOTE: The single credible witness must sign the notary public’s journal. (Government
Code section 8206(a)(2)(D)) No paper identification document is used since the notary
public personally knows the single credible witness. (Civil Code section 1185(c)(1))
C. Oaths of Two Credible Witnesses – The identity of the signer can be established by the
oaths of two credible witnesses whom the notary public does not personally know. (Civil
Code section 1185(c)(2)) However, in such a case, the notary public must first establish the
identities of the two credible witnesses by the presentation of paper identification documents
as set forth above. Under oath, the credible witnesses must then swear or affirm under penalty
of perjury to each of the things sworn to or affirmed by a single credible witness, as set forth
above. (Civil Code sections 1185(c)(2) and 1185(c)(1)(A)-(E))
NOTE: The credible witnesses must sign the notary public’s journal and the notary
public must indicate in his or her journal 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 identities. (Government Code section
8206(a)(2)(E))
NOTARY PUBLIC JOURNAL
A notary public is required to keep one active sequential journal at a time of all acts performed
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 of the notary public. The
journal shall include the items shown below. (Government Code section 8206(a))
1. Date, time and type of each official act (e.g. acknowledgment, jurat).
2. Character of every instrument sworn to, affirmed, acknowledged or proved before the
notary public (e.g. deed of trust).
3. The signature of each person whose signature is being notarized.
4. 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 Civil Code section 1185, then the journal
shall contain the signature of the credible witness swearing or affirming to the identity of the
individual or the type of identifying document, the governmental agency issuing the document,
the serial or identifying number of the document, and the date of issue or expiration of the
document. (e.g., driver’s license, [State] Department of Motor Vehicles, #X00000, 00/00/00.)
5. 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. (e.g., driver’s license, [State] Department
of Motor Vehicles, #X00000, 00/00/00.)
6. The fee charged for the notarial service.
7. 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 public
shall have the party use his or her left thumb, or any available finger and shall so indicate in
the journal. If the party signing the document is physically unable to provide a thumb or
fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation
of that physical condition.
If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered
unusable, the notary public must immediately notify the Secretary of State by certified or
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GENERAL INFORMATION
registered mail. The notification must include the periods of journal entries, the notary public
commission number, the commission expiration date, and, when applicable, a photocopy of
the police report that lists the journal. (Government Code section 8206(b))
A notary public must provide a photo-static copy of a line item from his or her journal when
provided with a written request from any member of the public. The written request shall
include the name of the parties, the type of document, and the month and year in which the
document was notarized. The cost must not exceed thirty cents ($0.30) per page. (Government
Code section 8206(c))
The sequential journal is the exclusive property of the notary public and shall not be
surrendered to an employer upon termination of employment, whether or not the employer
paid for the journal, or at any other time. The circumstances in which the notary public must
relinquish the journal or permit inspection and copying of journal transactions and the procedures
the notary public must follow are specified in Government Code section 8206(d).
A notary public is guilty of a misdemeanor if the notary public willfully fails to properly
maintain the notary public’s journal. (Government Code section 8228.1)
Within 30 days from the date the notary public commission is no longer valid, the notary
public must deliver all notarial journals, records and papers to the county clerk’s office where
the oath is on file. If the notary public willfully fails or refuses to do so, the notary public is
guilty of a misdemeanor, and shall be personally liable for damages to any person injured by
that action or inaction. (Government Code section 8209) Any notarial journals, records and
papers delivered to the Secretary of State will be returned to the sender.
CONFLICT OF INTEREST
A notary public is not prohibited from notarizing for relatives or others, unless doing so
would provide a direct financial or beneficial interest to the notary public. With California’s
community property law, care should be exercised if notarizing for a spouse or a domestic
partner.
A notary public would have a direct financial or beneficial interest to a transaction in the
following situations: (Government Code section 8224)
• If a notary public is named, individually, as a principal to a financial transaction.
• If a notary public is named, individually, as any of the following to a real property
transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
vendee, lessor, or lessee.
A notary public does not have a direct financial or beneficial interest in a transaction if a
notary public is acting 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.
If in doubt as to whether or not to notarize, it is recommended that you seek the advice of an
attorney.
ACKNOWLEDGMENT
The form most frequently completed by the notary public is the certificate of acknowledgment.
The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In
the certificate of acknowledgment, the notary public certifies:
1. That the signer personally appeared before the notary public on the date indicated in
the county indicated.
2. To the identity of the signer.
3. That the signer acknowledged executing the document.
The notary public sequential journal must contain a statement as to whether the identity of a
person making the acknowledgment or taking the oath or affirmation was based on personal
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11GENERAL INFORMATION
knowledge or satisfactory evidence. If identity was established based on satisfactory evidence,
then the journal shall contain the signature of the credible witness swearing or affirming to the
identity of the individual or the type of identifying document used to establish the person’s
identity, the governmental agency issuing the document, the serial or identifying number of
the document, and the date of issue or expiration of the document. 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, then the journal shall contain 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.
The certificate of acknowledgment must be completely filled out at the time the notary
public’s signature and seal are affixed.
The completion of a certificate of acknowledgment that contains statements that the notary
public knows to be false not only may cause the notary public to be liable for civil penalties
and administrative action, but is also a criminal offense.
A notary public may complete a certificate of acknowledgment required in another state or
jurisdiction of the United States on documents to be filed in that other state or jurisdiction,
provided the form does not require the notary public to determine or certify that the signer
holds a particular representative capacity or to make other determinations and certifications
not allowed by California law.
Any certificate of acknowledgment taken within this state shall be in the following form:
—NOTE: Key wording of an acknowledgment is “personally appeared.” It is not acceptable
to affix an acknowledgment to a document mailed or otherwise delivered to a notary public
whereby the signer did NOT personally appear before the notary public, even if the signer is
known by the notary public. Also, it is not acceptable to affix a notary public seal and signature
to a document without the notarial wording.
State of California
}
County of _________
On __________ before me, (here insert name and title of the officer), personally
appeared
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________ ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL
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GENERAL INFORMATION
JURAT
The second form most frequently completed by a notary public is the jurat. (Government
Code section 8202) The jurat is identified by the wording “Subscribed and sworn to (or
affirmed)” contained in the form. In the jurat, the notary public certifies:
1. That the signer personally appeared before the notary public on the date indicated and
in the county indicated.
2. That the signer signed the document in the presence of the notary public.
3. That the notary public administered the oath or affirmation.*
4. To the identity of the signer.
Any jurat taken within this state shall be in the following form:
—NOTE: Key wording of a jurat is “subscribed and sworn to (or affirmed) before me.” It is
not acceptable to affix a jurat 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 of the
notary public, even if the signer is known by the notary public. Also, it is not acceptable to
affix a notary public seal and signature to a document without the notarial wording.
*There is no prescribed wording for the oath, but an acceptable oath would be “Do you
swear or affirm that the statements in this document are true?” When administering the oath,
the signer and notary public traditionally each raise their right hand but this is not a legal
requirement.
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
If a person, called the principal, has signed a document, but does not personally appear
before a notary public, another individual can appear on that principal’s behalf to prove the
execution by the principal. That person is called a subscribing witness. (Civil Code section
1195)
NOTE: A proof of execution by a subscribing witness cannot be used in conjunction
with any quitclaim deed, grant deed document (other than a trustee’s deed or a deed of
reconveyance), mortgage, deed of trust or security agreement. (Government Code section
27287 and Civil Code section 1195(b))
The requirements for proof of execution by a subscribing witness are as follows:
1. The subscribing witness must prove that the person whose name is subscribed to the
instrument as a party is the person described in it, and that such person executed it,
and that the witness subscribed his name thereto as a witness (Civil Code section
1197); and
2. The subscribing witness must say, under oath, that he or she either saw the principal
sign the document or in the presence of the principal heard the principal acknowledge
that he or she signed the document. (Code of Civil Procedure section 1935; Civil
Code section 1195); and
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.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL
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13GENERAL INFORMATION
3. The subscribing witness must say, under oath, that he or she was requested by the
principal to sign the document as a witness and that he or she did so (Code of Civil
Procedure section 1935, Civil Code section 1195); and
4. The notary public must identify the subscribing witness based on personal knowledge
or the identity of the subscribing witness must be proven to the notary public by the
oath of a third person (credible witness) who personally knows the subscribing witness.
The credible witness must be personally known by the notary public (Civil Code
sections 1195, 1196); and
5. The subscribing witness must sign the notary public’s official journal. (Government
Code section 8206(a)(2)(C)) In addition, if the identity of the subscribing witness
was established by a credible witness, then the credible witness must also sign the
notary public’s official journal. (Government Code section 8206(a)(2)(D))
NOTE: Paper identification cannot be used to establish the identity of the principal,
subscribing witness or credible witness. This is because the identity of the principal is
established by the oath of the subscribing witness who personally knows the principal.
The identity of the subscribing witness is established by the notary public’s personal
knowledge of the subscribing witness or the oath of a credible witness who personally
knows the subscribing witness. The identity of the credible witness is based on the personal
knowledge of the notary public.
The following scenario provides an example of how proof by a subscribing witness may be
used:
The principal, Wayne, needs to have his signature on a document notarized.
Wayne is in the hospital and, therefore, cannot appear before Sally, the Notary Public, in
order to get his signature notarized.
Brian, a longtime friend of Wayne, is at the hospital visiting Wayne. Wayne asks Brian to
sign the document as a Subscribing Witness and Brian does so. Wayne could have either
signed the document in Brian’s presence or have signed it prior to Brian’s arrival. If the
document was signed prior to Brian’s arrival, Wayne would need to acknowledge to Brian that
he, Wayne, had signed the document. Wayne gives the document to Brian to take to Sally, who
personally knows Brian.
Sally places Brian under oath. Under oath, Brian swears or affirms that he personally knows
Wayne, he saw Wayne sign the document (or heard Wayne acknowledge signing the
document), Wayne requested that he, Brian, sign as a witness and he, Brian, did so. Brian
signs Sally’s notary public journal as the subscribing witness. Sally completes the Proof of
Execution Certificate and attaches it to the document. She then completes her notary public
journal entry. (Sally must identify Brian through personal knowledge. No paper identification
is permitted.) Brian takes the document back to Wayne.
Shown below is a suggested format for proof of execution by a subscribing witness. (Civil
Code section 1195) Other formats with similar wording may also be acceptable.
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14
GENERAL INFORMATION
—NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
SIGNATURE BY MARK
When the signer of an instrument cannot write (sign) his or her name, that person may sign
the document by mark. (Civil Code section 14) The requirements for notarizing a signature by
mark are as follows:
1. The person signing the document by mark must be identified by the notary public by
either personal knowledge or satisfactory evidence. (Civil Code section 1185)
2. The signer’s mark must be witnessed by two persons who must subscribe their own
names as witnesses on the document. One witness should write the person’s name next
to the person’s mark and then the witness should sign his or her name as a witness. The
witnesses are only verifying that they witnessed the individual make his or her mark on
the document. A notary public is not required to identify the two persons who witnessed
the signing by mark or to have the two witnesses sign the notary public’s journal.
EXCEPTION: If the witnesses were acting in the capacity of credible witnesses in
establishing the identity of the person signing by mark, then the witnesses’ signatures
must be entered in the notary public’s journal.
Following is an example of a document executed by Signature by Mark:
State of California
}
ss.
County of _____________
On __________ (date), before me, the undersigned, a notary public for the state, personally
appeared _________________ (subscribing witness’s name), personally known to me
(or proved to me on the oath of _________________ [credible witness’s name], who is
personally known to me) to be the person whose name is subscribed to the within
instrument, as a witness thereto, who, being by me duly sworn, deposed and said that he/
she was present and saw/heard _________________ (name[s] of principal[s]), the same
person(s) described in and whose name(s) is/are subscribed to the within and annexed
instrument in his/her/their authorized capacity(ies) as (a) party (ies) thereto, execute or
acknowledge executing the same, and that said affiant subscribed his/her name to the
within instrument as a witness at the request of _________________ (name[s] of
principal[s]).
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL
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15GENERAL INFORMATION
—NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
POWERS OF ATTORNEY - CERTIFYING
A notary public can certify copies of powers of attorney. A certified copy of a power of
attorney that has been certified by a notary public has the same force and effect as the original
power of attorney. (Probate Code section 4307)
A suggested format for the certification is shown below. Other formats with similar wording
may also be acceptable.
—NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
I, Bob Smith, give my power of attorney to Jane Brown to act as my attorney-in-fact on all
matters pertaining to the handling of my estate, finances, and investments. This Power of
Attorney is to remain in effect until another document revoking this instrument has been
filed of record thereby rendering this instrument null and void.
Date: Feb. 5, 1998 Name:
By:
Witness #1
Witness #2
State of California
}
County of ___________
On February 5, 1998, before me, John Doe, a notary public for the State of California,
personally appeared Bob Smith, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL
State of California
}
County of _______________
I (name of notary public) , Notary Public, certify that on (date) , I examined
the original power of attorney and the copy of the power of attorney. I further certify that
the copy is a true and correct copy of the original power of attorney.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL
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16
GENERAL INFORMATION
NOTARIZATION OF INCOMPLETE DOCUMENTS
A notary public may not notarize a document which is incomplete. If presented with a
document for notarization, which the notary public knows from his or her experience to be
incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize
the document. (Government Code section 8205)
CERTIFIED COPIES
California statute specifies that a notary public may only certify copies of powers of attorney
under Probate Code section 4307, and copies of his or her notary public journal. (Government
Code sections 8205(a)(4), 8205(b)(1) and 8206(e))
Certified copies of birth, fetal death, death, and marriage records may be made only by the
State Registrar, by duly appointed and acting local registrars during their term of office, and
by county recorders. (Health & Safety Code section 103545)
ILLEGAL ADVERTISING
California law requires any non-attorney notary public who advertises notarial services in a
language other than English to post a prescribed notice, in English and the other language, that
the notary public is not an attorney and cannot give legal advice about immigration or any
other legal matters. The notary public must also list the fees set by statute which a notary
public may charge for notarial services. In any event, a notary public may not translate the
term “Notary Public,” defined as “notario publico” or “notario,” into Spanish, even if the
prescribed notice is also posted. A first offense of this law is grounds for the suspension or
revocation of a notary public’s commission. A second offense shall be grounds for the permanent
revocation of a notary public’s commission. (Government Code section 8219.5)
A notary public is legally barred from advertising in any manner whatsoever that he or she is
a notary public if the notary public promotes himself or herself as an immigration specialist or
consultant. (Government Code section 8223)
IMMIGRATION DOCUMENTS
Contrary to popular belief, there is no prohibition against notarizing immigration documents.
However, several laws specifically outline what a notary public can and cannot do. Only a
person who is qualified and bonded as an immigration consultant under the Business and
Professions Code may assist a client in completing immigration forms. A notary public may
not charge any individual more than $10 for each set of forms, unless the notary public is also
an attorney who is rendering professional services as an attorney. (Government Code section
8223)
CONFIDENTIAL MARRIAGE LICENSES
A notary public who is interested in authorizing confidential marriages may apply for approval
to the county clerk in the county in which the notary public resides. A notary public shall not
authorize a confidential marriage unless he or she is approved by the county clerk having
jurisdiction. The county clerk offers a course of instruction, which a notary public must complete
before authorization will be granted. Additionally, in order for a notary public to perform the
marriage, he/she must be one of 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 authorizing of confidential marriages. It is best to check
with the county clerk if interested in obtaining approval.
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17GENERAL INFORMATION
GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION OF
APPOINTMENT AND COMMISSION
The Secretary of State may refuse to appoint any person as notary public or may revoke or
suspend the commission of a notary public for specific reasons. These reasons include but are
not limited to: a substantial misstatement or omission in the application; conviction of a
felony or a disqualifying criminal conviction; failure to furnish the Secretary of State with
certified copies of the notary public journal when requested to do so or to provide information
relating to official acts performed by the notary public; charging more than the fee prescribed
by law; failure to complete the acknowledgment at the time the notary public’s seal and signature
are attached to the document; executing a false certificate; failure to submit to the Secretary of
State any court ordered money judgment, including restitution; failure to secure the sequential
journal or the official seal; illegal advertising. (Government Code sections 8205, 8214.1,
8219.5 and 8223)
In addition, the Secretary of State may deny the notary public application or suspend the
notary public commission of a person who has not complied with child or family support
obligations. (Family Code section 17520)
DISCIPLINARY GUIDELINES
The Secretary of State has instituted disciplinary guidelines in order to facilitate due process
and to maintain consistency in reviewing applications, investigating alleged violations, and
implementing administrative actions. (Government Code section 8220)
The disciplinary guidelines are designed to assist administrative law judges, in addition to
assisting attorneys, notaries public, applicants, and others involved in the disciplinary process.
The disciplinary guidelines are used to determine what disciplinary action will be taken for
violations of notary public law. The disciplinary guidelines are available on the Secretary of
State’s website or can be mailed to you upon request. Please refer to the inside front cover of
this handbook for our website and mailing addresses.
FEES
Government Code section 8211 specifies the maximum fees that may be charged for notary
public services; however, a notary public may elect to charge no fee or an amount that is less
than the maximum amount prescribed by law. The charging of a fee and the amount of the fee
charged is at the discretion of the notary public or the notary public’s employer provided it
does not exceed the maximum fees. The notary public is required to make an entry in the
notary public journal even if no fee was charged, such as “no fee” or “0.” (Government Code
section 8206)
EXCEPTIONS: 1) Pursuant to Government Code section 8203.6, no fees shall be collected
by notaries public appointed to military and naval reservations in accordance with 8203.1; 2)
pursuant to Elections Code section 8080, no fee shall be collected by notaries public for verifying
any nomination document or circulator’s affidavit; and 3) pursuant to Government Code section
6107, no fee may be charged to a United States military veteran for notarization of an application
or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s
benefit. In addition, Government Code section 6100 requires any notary public who is appointed
to act for and on behalf of certain public agencies, pursuant to Government Code section
8202.5, to charge for all services and remit the fees received to the employing agency. The fee
charged must still be entered in the journal.
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18
GENERAL INFORMATION
CHANGE OF ADDRESS
A notary public is required to notify the Secretary of State in writing, by certified mail,
within 30 days of any change of business or residence address. (Government Code section
8213.5) Upon the change of a business address to a new county, a notary public may elect to
file a new oath of office and bond in the new county. However, this is optional. Once
commissioned, a notary public may perform notary public services anywhere in the state. The
original oath and bond must be filed in the county where the notary public maintains their
principal place of business as shown in the application filed with the Secretary of State. It is
permissive as to whether or not a county transfer is filed with the new county after the original
oath and bond have been filed in the original county should the notary public move.
(Government Code section 8213) There is no fee for the processing of address change
notifications with the Secretary of State.
NOTE: To ensure proper processing, please include the following when submitting an address
change notification:
• name of the notary public exactly as it appears on the commission certificate;
• commission number and expiration date of the commission;
• whether the address change is for the business, residence, and/or for mailing purposes;
and
• new business, including business name; residence; and/or mailing address.
Please be sure the request is signed and dated by the notary public. The change of address
can be submitted in letter form or, for your convenience, an address change form is available
on the Secretary of State’s website or can be mailed to you upon request. Please refer to the
inside front cover of this handbook for our website and mailing addresses.
FOREIGN LANGUAGE
A notary public can notarize a signature on a document in a foreign language with which
they are not familiar, as a notary public is not responsible for the contents of the document.
The notary public should be able to identify the type of document being notarized for entry in
the notary public’s journal. If unable to identify the type of document, the notary public must
make an entry to that effect in their journal, e.g. “a document in a foreign language.” The
notary public should be mindful of the completeness of the document and must not notarize
the signature on the document if the document appears to be incomplete. The notary public is
responsible for completing the acknowledgment or jurat form. When notarizing a signature
on a document, a notary public must be able to communicate with their customer in order for
the signer to either swear to or affirm the contents of the affidavit or to acknowledge the
execution of the document. An interpreter should not be used, as vital information could be
lost in the translation. If a notary public is unable to communicate with a customer, the customer
should be referred to a notary public who speaks the customer’s language.
COMMON QUESTIONS AND ANSWERS
1Q. If a person was convicted of a DUI, petty theft, trespass, etc., will that person be
disqualified from becoming a notary public?
A. The Secretary of State cannot make a determination as to whether or not a person
meets the qualifications to become a notary public until a thorough background
check has been completed. If you are concerned as to whether you may be
disqualified from becoming a notary public based upon past conviction information,
please refer to the Notary Public Disciplinary Guidelines (2001), which also includes
a list of the most common disqualifying convictions. The disciplinary guidelines
are available on the Secretary of State’s website or can be mailed to you upon request.
Please refer to the inside front cover of this handbook for our website and mailing
addresses.
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19GENERAL INFORMATION
2Q. I had a conviction over 25 years ago. Do I still need to disclose this conviction on
my application?
A. There is no time limit for disclosure of convictions. If you have ever been convicted,
including being convicted for a DUI, you must disclose this on your application.
3Q. How soon can I take the test for reappointment if I currently hold a notary public
commission?
A. It is recommended that you take the exam at least six months prior to the expiration
date of your current commission if you do not want to have a break in commission
terms. Keep in mind that the test results are only valid for one year from the date of
the examination. (Title 2, California Code of Regulations section 20803)
4Q. I have been a notary public for over 20 years. Will I still be required to take the
initial six-hour approved course of study?
A. Yes, initially everyone, including those notaries public who have held previous
commission terms, will be required to satisfactorily complete a six-hour course of
study from an approved vendor prior to reappointment as a notary public. A list of
approved vendors is available on the Secretary of State’s website or can be mailed
to you upon request. (Government Code section 8201(a)(3))
5Q. Will I be required to take an approved course of study each time I apply for
reappointment?
A. Yes, an applicant for notary public who holds a California notary public commission
and who has completed the initial six-hour course of study from an approved vendor
will be required to satisfactorily complete a three-hour refresher course of study
from an approved vendor prior to reappointment as a notary public for all subsequent
terms. In order to meet the requirement to take the three-hour refresher course, a
person must apply for reappointment before the current commission expires. An
applicant whose commission expires before application is made for a new
commission must take an approved six-hour course, even if he or she has at least
one time satisfactorily completed an approved six-hour course. (Government Code
section 8201(b)(2))
6Q. 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, because in the past, you were not required to take these courses prior to being
appointed as a notary public and those courses were not “approved” by the Secretary
of State. However, now that mandatory education is one of the qualifications you
must meet in order to become a notary public, you are required to complete the
approved course of study in order to qualify. (Government Code section 8201(a)(3))
7Q. I have passed every notary public exam I have taken in the past. I even scored
100% on my last exam. Is there any way to skip the six-hour course and take the
three-hour course instead?
A. No, the law specifically states that for appointments made on or after July 1, 2005,
you must complete a six-hour course of study approved by the Secretary of State to
qualify to become a notary public. (Government Code section 8201(a)(3))
8Q. I have completed my approved six-hour course of study and received my Proof of
Completion. What do I do with it?
A. Once you have completed your six-hour course of study from an approved vendor,
staple your Proof of Completion to the application and take both with you to the
exam.
9Q. I have changed my business, mailing or home address, what do I do?
A. Send the Secretary of State a letter or a change of address form by certified mail
within 30 days of the change. (Government Code section 8213.5)
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20
GENERAL INFORMATION
10Q. I have changed my business from one county to another, what do I do?
A. Your commission allows you to notarize throughout the State of California,
regardless of where your oath and bond are on file. If the location of your business
has changed, you are required to send the Secretary of State an address change via
certified mail within 30 days of the change. If the address change is for your business,
please include the business name in your notification. If the address change includes
a change of county, you may choose to file a new oath of office and bond in the
county to which your business has moved, however a county transfer is not required.
To file a county change, you must request an oath of office form from the Secretary
of State. The oath will have the name of your original county, however, you will
take and file your oath of office in the new county, checking the county transfer box
at the bottom of the oath form. You must also take a new bond or a duplicate of the
original bond and file it together with your oath of office in the new county. A
certificate of authorization to manufacture a notary public seal will be sent to you
once the Secretary of State has received and processed your oath of office filed in
the new county. Your stamp must reflect the county where your most recent oath
and bond are filed. (Government Code sections 8213 and 8213.5)
11Q. Am I required to see the person sign the document at the time I perform the
notarization?
A. If you are preparing a certificate of acknowledgment, then “no.” The document can
be executed before the person brings it to you for notarization. In an
acknowledgment, the signer must personally appear before you and acknowledge
that he/she executed the document, not that he/she executed the document in your
presence. However, when preparing a jurat, then “yes.” The person requesting the
jurat must appear before you, take an oath, and sign the document in your presence.
In addition, for both an acknowledgment and a jurat, the notary public must certify
to the identity of the signer. (Civil Code section 1189 and Government Code section
8202)
12Q. I lost my stamp or journal, what do I do?
A. Send a letter immediately by certified mail to the Secretary of State explaining what
happened and, if applicable, a photocopy of a police report. Upon written request,
the Secretary of State will send an authorization so you can have a new stamp made.
(Government Code sections 8206 and 8207.3(e))
13Q. I have changed my name. What do I do?
A. Send a completed name change form to the Secretary of State and, once approved,
you will be issued an amended commission that reflects your new name. You will
then need to file a new oath of office and an amendment to your bond with the
county clerk within 30 days from the date the amended commission was issued in
order for the name change to take effect. Within 30 days of the filing, you must
obtain a new seal that reflects the new name. Once the amended oath and bond are
filed, you may no longer use the commission, including the stamp, that was issued
in your previous name. If you fail to file your amended oath and bond within the
30-day time limit, the name change will become void and your commission will
revert back to the previous name and you will be required to submit another name
change application. (Government Code sections 8213 and 8213.6)
14Q. I need to request a new certificate of authorization to have a new stamp made. Is
there a fee?
A. No; however, you must send the Secretary of State a written request for a certificate
of authorization. (Government Code section 8207.3(e))
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GOVERNMENT CODE 21
15Q. How do I resign my commission?
A. If you want to resign your commission, send a letter to our office and deliver all of
your notarial journals, records and papers to the county clerk in which your current
oath of office is on file within 30 days and destroy the seal. (Government Code
section 8209)
16Q. I did not file my oath and bond on time, what do I do?
A. If you failed to file your oath and bond within the prescribed time, your commission
is void. (Government Code section 8213(a)) If you wish to reapply, you must
complete a new application, attach your Proof of Completion to the application and
send it to our office with a check for $20.00. If you do not have your Proof of
Completion, contact the vendor who provided the education to obtain a duplicate of
your Proof of Completion. Keep in mind that the test results are only valid for one
year from the date of the examination; and that the Proof of Completion of an
approved course of study is valid for two years from the date of issuance. (Title 2,
California Code of Regulations sections 20803 and 20800.5)
17Q. Where can I get a live scan fingerprint form?
A. You will be sent a live scan fingerprint form with instructions once you have passed
the examination.
18Q. I have completed the education and taken the exam, but my current commission
doesn’t expire until another four months. When will I receive my new commission?
A. Although you have already completed the education and taken the test, your
commission for reappointment will not be issued until 30 days prior to the expiration
date of your current commission.
GENERAL INFORMATION
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GOVERNMENT CODE
22
GOVERNMENT CODE
Notaries Public
(Chapter 3, Division 1, Title 2)
§ 8200. Appointment and commission; number; jurisdiction
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. Qualifications to be a notary public; proof of course completion; reappointment
(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. Additional qualifications; determination; identification; fingerprints
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. Review of course of study and refresher courses for notary public; approval
of education course of study, violation of regulations; civil penalties
(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.
(c) The Secretary of State shall compile a list of all persons offering an approved course of
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.
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GOVERNMENT CODE 23
(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 tm‡this subdivision.
§ 8201.5. Application form; confidential nature; use of information
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. Execution of jurat; administration of oath or affirmation to affiant; attachment
to affidavit
(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. State, county and school district employees; certificates; expenses
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.
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GOVERNMENT CODE
24
§ 8202.7. Private employers; agreement to pay premium on bonds and costs of supplies;
remission of fees 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 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. Private employers; limitation on provision of notarial services
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. Military and naval reservations; appointment and commission of notaries;
qualifications
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. Military and naval reservations, recommendation of commanding officer;
jurisdiction of notary
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. Military and naval reservations, qualifications of notaries
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. Military and naval reservations; term of office; termination; resignation
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. Military and naval reservations, jurat
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. Military and naval reservations, fees
No fees shall be collected by such notaries public for service rendered within the reservation
in the capacity of a notary public.
§ 8204. Term of office
The term of office of a notary public is for four years commencing with the date specified in
the commission.
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§ 8204.1. Cancellation of Commission; failure to pay; notice
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. Duties
(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. Sequential journal; contents; thumbprint; loss of journal; copies of pages;
exclusive property of notary public; limitations on surrender
(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.
(C) The signature of each person whose signature is being notarized.
(D) A statement as to whether the identity of a person making an acknowledgment or taking
an oath or affirmation was based on personal knowledge or satisfactory evidence. If identity
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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.
(c) Upon written request of any member of the public, which request shall include the name
of the parties, the type of document, and the month and year in which notarized, the notary
shall supply a photostatic copy of the line item representing the requested transaction at a cost
of not more than thirty cents ($0.30) per page.
(d) The journal of notarial acts of a notary public is the exclusive property of that notary
public, and shall not be surrendered to an employer upon termination of employment, whether
or not the employer paid for the journal, or at any other time. The notary public shall not
surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or
to a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in
his or her official capacity and within his or her authority, in response to a criminal search
warrant signed by a magistrate and served upon the notary public by the peace officer. The
notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by
certified mail within 10 days that the journal was relinquished to a peace officer. The notification
shall include the period of the journal entries, the commission number of the notary public, the
expiration date of the commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the
notary public and a new journal has been obtained, the notary public shall make no new entries
in the returned journal. A notary public who is an employee shall permit inspection and copying
of journal transactions by a duly designated auditor or agent of the notary public’s employer,
provided that the inspection and copying is done in the presence of the notary public and the
transactions are directly associated with the business purposes of the employer. The notary
public, upon the request of the employer, shall regularly provide copies of all transactions that
are directly associated with the business purposes of the employer, but shall not be required to
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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. Seal
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. Identification number
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. Manufacture, duplication, and sale of seal or stamp; procedures and guidelines
for issuance of seals; certificate of authorization
(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.
(c) The Secretary of State shall issue a permit with a sequential identification number to
each manufacturer or vendor authorized to issue notary seals. The Secretary of State may
establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing
the permit.
(d) The Secretary of State shall develop a certificate of authorization to purchase a notary
stamp from an authorized vendor.
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(e) The certificate of authorization shall be designed to prevent forgeries and shall contain a
sequential identification number.
(f) This section shall become operative on January 1, 1992.
§ 8207.3. Certificates of authorization; authorization to provide seal; lost, misplaced,
damaged or otherwise unworkable seal
(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.
(c) A vendor of official seals shall note the receipt of certificates of authorization and sequential
identification numbers of certificates presented by a notary public upon a certificate of
authorization.
(d) A copy of a certificate of authorization shall be retained by a vendor and the original,
which shall contain a sample impression of the seal issued to the notary public, shall be submitted
to the Secretary of State for verification and recordkeeping. The Secretary of State shall develop
guidelines for submitting certificates of authorization by vendors.
(e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is
rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to
the Secretary of State. The Secretary of State, within five working days after receipt of the
notice, if requested by a notary, shall issue a certificate of authorization which a notary may
use to obtain a replacement seal.
(f) This section shall become operative on January 1, 1992.
§ 8207.4. Violations; penalties
(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.
(c) This section shall become operative on January 1, 1992.
§ 8208. Protest of bill or note for nonacceptance or nonpayment
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.
(c) The cause or reason for protesting the bill.
(d) The demand made and the answer given, if any, or the fact that the drawee or acceptor
could not be found.
§ 8209. Resignation, disqualification or removal of notary; records delivered to clerk;
misdemeanor; death; destruction of records
(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
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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.
(c) After 10 years from the date of deposit with the county clerk, if no request for, or reference
to such records has been made, they may be destroyed upon order of court.
§ 8211. Fees
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).
(c) For all services rendered in connection with the taking of any deposition, the sum of
twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the
oath to the witness and the sum of five dollars ($5) for the certificate to the deposition.
(d) For every protest for the nonpayment of a promissory note or for the nonpayment or
nonacceptance of a bill of exchange, draft, or check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or of nonpayment or
nonacceptance of a bill of exchange, order, draft, or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on absentee ballot identification envelopes
or other voting materials.
(h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the
sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a United States military
veteran for notarization of an application or a claim for a pension, allotment, allowance,
compensation, insurance, or any other veteran’s benefit.
§ 8212. Bond; amount; form
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. Bonds and oaths; filing; certificate; copy of oath as evidence; transfer to new
county; name changes; fees
(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
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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.
(c) If a notary public submits an application for a name change to the Secretary of State, the
notary public shall, within 30 days from the date an amended commission is issued, file a new
oath of office and an amendment to the bond with the county clerk in which the principal place
of business is located. The amended commission with the name change shall not take effect
unless the filing is completed within the 30-day period. The amended commission with the
name change takes effect the date the oath and amendment to the bond is filed with the county
clerk. If the principal place of business address was changed in the application for name
change, either a new or duplicate of the original bond shall be filed with the county clerk with
the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an
official seal that includes the name of the notary public and the name of the county to which
the notary public has transferred, if applicable.
(d) The recording fee specified in Section 27361 of the Government Code shall be paid by
the person appointed a notary public. The fee may be paid to the county clerk who shall
transmit it to the county recorder.
(e) The county recorder shall record the bond and shall thereafter mail, unless specified to
the contrary, it to the person named in the instrument and, if no person is named, to the party
leaving it for recording.
§ 8213.5. Change in location or address of business or residence; notice
A notary public shall notify the Secretary of State by certified mail within 30 days as to any
change in the location or address of the principal place of business or residence.
§ 8213.6. Name changes; application; filing
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. Misconduct or neglect
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. Grounds for refusal, revocation or suspension of commission
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.
(c) Revocation, suspension, restriction, or denial of a professional license, if the revocation,
suspension, restriction, or denial was for misconduct, for dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary public.
(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a
notary public.
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(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. Civil penalties
(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).
(c) The civil penalty may be imposed by the Secretary of State if a hearing is not requested
pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the
determination.
(d) Any civil penalties collected pursuant to this section shall be transferred to the General
Fund. It is the intent of the Legislature that to the extent General Fund moneys are raised by
penalties collected pursuant to this section, that money should be made available to the Secretary
of State’s office to defray its costs of investigating and pursuing commissioning and monetary
remedies for violations of the notary public law.
§ 8214.2. Fraud relating to deed of trust; single-family residence; felony
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. Hearing prior to denial or revocation of commission or imposition of civil
penalties; law governing; exceptions
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:
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(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. Resignation or expiration of commission not a bar to investigation or
disciplinary proceedings
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. Revocation of commission; filing copy with county clerk
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. Revocation upon certain convictions
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. Release of surety
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. Advertising in language other than English; posting of notice relating to legal
advice and fees; translation of notary public into Spanish; suspension
(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.
(c) Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario
publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a
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word or phrase from one language to another means the translation of a word or phrase without
regard to the true meaning of the word or phrase in the language which is being translated.
(d) The Secretary of State shall suspend for a period of not less than one year or revoke the
commission of any notary public who fails to comply with subdivision (a) or (c). However, on
the second offense the commission of such notary public shall be revoked permanently.
§ 8220. Rules and regulations
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. Destruction, defacement or concealment of records or papers; misdemeanor;
liability for damages
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. Injunction; reimbursement for expenses
(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. Notary public with expertise in immigration matters; advertising status as notary
public; entry of information on forms; fee limitations
(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.
(c) Nothing in this section shall be construed to exempt a notary public who enters data on
an immigration form at the direction of a client, or otherwise performs the services of an
immigration consultant, as defined by Section 22441 of the Business and Professions Code,
from the requirements of Chapter 19.5 (commencing with Section 22440) of Division 8 of the
Business and Professions Code. A notary public who is not qualified and bonded as an
immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8
of the Business and Professions Code may not enter data provided by a client on immigration
forms nor otherwise perform the services of an immigration consultant.
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§ 8224. Conflict of interest; financial or beneficial interest in transaction; exceptions
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. Writings, depositions or affidavits of notary public; prohibitions against proof
or taking by that notary public
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. Improper notarial acts, solicitation, coercion or influence of performance;
misdemeanor
(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. Unlawful acts by one not a notary public; misdemeanor
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.
(c) Purport to act as a notary public.
§ 8227.3. Unlawful acts by one not a notary public; deeds of trust on single-family
residences; felony
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. Enforcement of chapter; examination of notarial books, records, etc.
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 Willful failure to perform duty or control notarial seal
(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.
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(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. Identification of affiant; verification
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.
* * *
§ 1360. Necessity of taking constitutional oath
Unless otherwise provided, before any officer enters on the duties of his office, he shall take
and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of
California.
§ 1362. Administration by authorized officer
Unless otherwise provided, the oath may be taken before any officer authorized to administer
oaths.
§ 6100. Performance of services; officers; notaries public
Officers of the state, or of a county or judicial district, shall not perform any official services
unless upon the payment of the fees prescribed by law for the performance of the services,
except as provided in this chapter.
This section shall not be construed to prohibit any notary public, except a notary public
whose fees are required by law to be remitted to the state or any other public agency, from
performing notarial services without charging a fee.
§ 6107. Veterans
(a) No public entity, including the state, a county, city, or other political subdivision, nor
any officer or employee thereof, including notaries public, shall demand or receive any fee or
compensation for doing any of the following:
(1) Recording, indexing, or issuing certified copies of any discharge, certificate of service,
certificate of satisfactory service, notice of separation, or report of separation of any member
of the Armed Forces of the United States.
(2) Furnishing a certified copy of, or searching for, any public record that is to be used in an
application or claim for a pension, allotment, allowance, compensation, insurance (including
automatic insurance), or any other benefits under any act of Congress for service in the Armed
Forces of the United States or under any law of this state relating to veterans’ benefits.
(3) Furnishing a certified copy of, or searching for, any public record that is required by the
Veterans Administration to be used in determining the eligibility of any person to participate
in benefits made available by the Veterans Administration.
(4) Rendering any other service in connection with an application or claim referred to in
paragraph (2) or (3).
(b) A certified copy of any record referred to in subdivision (a) may be made available only
to one of the following:
(1) The person who is the subject of the record upon presentation of proper photo
identification.
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36
(2) A family member or legal representative of the person who is the subject of the record
upon presentation of proper photo identification and certification of their relationship to the
subject of the record.
(3) A county office that provides veteran’s benefits services upon written request of that
office.
(4) A United States official upon written request of that official. A public officer or employee
is liable on his or her official bond for failure or refusal to render the services.
§ 6108. Oaths of office; claim against counties
No officer of a county or judicial district shall charge or receive any fee or compensation for
administering or certifying the oath of office or for filing or swearing to any claim or demand
against any county in the State.
§ 6109. Receipt of fees; written account; officer liability
Every officer of a county or judicial district, upon receiving any fees for official duty or
service, may be required by the person paying the fees to make out in writing and to deliver to
the person a particular account of the fees. The account shall specify for what the fees,
respectively, accrued, and the officer shall receipt it. If the officer refuses or neglects to do so
when required, he is liable to the person paying the fees in treble the amount so paid.
§ 6110. Performance of services following payment; officer liability
Upon payment of the fees required by law, the officer shall perform the services required.
For every failure or refusal to do so, the officer is liable upon his official bond.
§ 6203. False certificate or writing by officer
Every officer authorized by law to make or give any certificate or other writing is guilty of
a misdemeanor if he makes and delivers as true any certificate or writing containing statements
which he knows to be false.
§ 6800. Computation of time in which act is to be done
The time in which any act provided by law is to be done is computed by excluding the first
day, and including the last, unless the last day is a holiday, and then it is also excluded.
§ 27287. Acknowledgment of execution or proof by subscribing witness required before
recording; exceptions
* * * before an instrument can be recorded its execution shall be acknowledged by the
person executing it, or if executed by a corporation, by its president or secretary or other
person executing it on behalf of the corporation, or, except for any quitclaim deed or grant
deed other than a trustee’s deed or a deed of reconveyance, mortgage, deed of trust, or security
agreement, proved by subscribing witness or as provided in Sections 1198 and 1199 of the
Civil Code, and the acknowledgment or proof certified as prescribed by law.
§ 66433. Content and form; application of article
The content and form of final maps shall be governed by the provisions of this article.
§ 66436. Statement of consent; necessity; exceptions; nonliability for omission of
signature; notary acknowledgment
(a) A statement, signed and acknowledged by all parties having any record title interest in
the subdivided real property, consenting to the preparation and recordation of the final map is
required, * * *
(c) A notary acknowledgment shall be deemed complete for recording without the official
seal of the notary, so long as the name of the notary, the county of the notary’s principal place
of business, and the notary’s commission expiration date are typed or printed below or
immediately adjacent to the notary’s signature in the acknowledgment.
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CIVIL CODE
§ 14. Words and phrases; construction; tense; gender; number
* * * signature or subscription includes mark, when the person cannot write, his name being
written near it, by a person who writes his own name as a witness; provided, that when a
signature is by mark it must in order that the same may be acknowledged or may serve as the
signature to any sworn statement be witnessed by two persons who must subscribe their own
names as witnesses thereto. * * *
§ 1181. Notaries public; officers before whom proof or acknowledgment may be made
The proof or acknowledgment of an instrument may be made before a notary public at any
place within this state, or within the county or city and county in this state in which the officer
specified below was elected or appointed, before either:
(a) A clerk of a superior court.
(b) A county clerk.
(c) A court commissioner.
(d) A retired judge of a municipal or justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
(j) Secretary of the Senate.
(k) Chief Clerk of the Assembly.
§ 1185. Acknowledgments; requisites
(a) The acknowledgment of an instrument shall not be taken unless the officer taking it
personally knows, or has satisfactory evidence that the person making the acknowledgment is,
the individual who is described in and who executed the instrument.
(b) For purposes of this article, “personally knows” means having an acquaintance, derived
from association with the individual in relation to other people and based upon a chain of
circumstances surrounding the individual, which establishes the individual’s identity with at
least reasonable certainty.
(c) For the purposes of this section “satisfactory evidence” means the absence of any
information, evidence, or other circumstances which would lead a reasonable person to believe
that the person making the acknowledgment is not the individual he or she claims to be and
any one of the following:
(1) The oath or affirmation of a credible witness personally known to the officer that the
person making the acknowledgment is personally known to the witness and that each of the
following are true:
(A) The person making the acknowledgment is the person named in the document.
(B) The person making the acknowledgment is personally known to the witness.
(C) That it is the reasonable belief of the witness that the circumstances of the person making
the acknowledgment are such that it would be very difficult or impossible for that person to
obtain another form of identification.
(D) The person making the acknowledgment does not possess any of the identification
documents named in paragraphs (3) and (4).
(E) The witness does not have a financial interest in the document being acknowledged and
is not named in the document.
(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities
are proven to the officer upon the presentation of satisfactory evidence, that each statement in
paragraph (1) of this subdivision is true.
CIVIL CODE
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CIVIL CODE
(3) Reasonable reliance on the presentation to the officer of any one of the following, if the
document is current or has been issued within five years:
(A) An identification card or driver’s license issued by the California Department of Motor
Vehicles.
(B) A passport issued by the Department of State of the United States.
(4) Reasonable reliance on the presentation of any one of the following, provided that a
document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been
issued within five years and shall contain a photograph and description of the person named
on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the
event that the document is a passport, shall have been stamped by the United States Immigration
and Naturalization Service:
(A) A passport issued by a foreign government.
(B) A driver’s license issued by a state other than California or by a Canadian or Mexican
public agency authorized to issue drivers’ licenses.
(C) An identification card issued by a state other than California.
(D) An identification card issued by any branch of the armed forces of the United States.
(E) An inmate identification card issued on or after January 1, 1988, by the Department of
Corrections, if the inmate is in custody.
(F) An inmate identification card issued prior to January 1, 1988, by the Department of
Corrections, if the inmate is in custody.
(d) An officer who has taken an acknowledgment pursuant to this section shall be presumed
to have operated in accordance with the provisions of law.
(e) Any party who files an action for damages based on the failure of the officer to establish
the proper identity of the person making the acknowledgment shall have the burden of proof
in establishing the negligence or misconduct of the officer.
(f) Any person convicted of perjury under this section shall forfeit any financial interest in
the document.
§ 1188. Certificate of acknowledgment
An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto
a certificate substantially in the form prescribed in Section 1189.
§ 1189. Certificate of acknowledgment; form; sufficiency of out of state
acknowledgment; force and effect of acknowledgment under prior laws
(a) Any certificate of acknowledgment taken within this state shall be in the following form:
State of California
}
County of _________
On __________ before me, (here insert name and title of the officer), personally appeared
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/
her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state
if it is taken in accordance with the laws of the place where the acknowledgment is made.
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(c) On documents to be filed in another state or jurisdiction of the United States, a California
notary public may complete any acknowledgment form as may be required in that other state
or jurisdiction on a document, provided the form does not require the notary to determine or
certify that the signer holds a particular representative capacity or to make other determinations
and certifications not allowed by California law.
(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable
provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by
Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections
had not been repealed.
§ 1190. Certificate of acknowledgment as prima facie evidence; duly authorized
person
The certificate of acknowledgment of an instrument executed on behalf of an incorporated
or unincorporated entity by a duly authorized person in the form specified in Section 1189
shall be prima facie evidence that the instrument is the duly authorized act of the entity named
in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser,
lessee, or encumbrancer. “Duly authorized person,” with respect to a domestic or foreign
corporation, includes the president, vice president, secretary, and assistant secretary of the
corporation.
§ 1193. Certificate of acknowledgment; authentication
Officers taking and certifying acknowledgments or proof of instruments for record, must
authenticate their certificates by affixing thereto their signatures, followed by the names of
their offices; also, their seals of office, if by the laws of the State or country where the
acknowledgment or proof is taken, or by authority of which they are acting, they are required
to have official seals.
§ 1195. Proof of execution; methods; certificate form
(a) Proof of the execution of an instrument, when not acknowledged, may be made any of
the following:
1. By the party executing it, or either of them.
2. By a subscribing witness.
3. By other witnesses, in cases mentioned in Section 1198.
(b) Proof of the execution of a grant deed, mortgage, deed of trust, quitclaim deed, or security
agreement is not permitted pursuant to Section 27287 of the Government Code, though proof
of the execution of a trustee’s deed or deed of reconveyance is permitted.
(c) Any certificate for proof of execution taken within this state may be in the following
form, although the use of other, substantially similar forms is not precluded:
State of California
}
ss.
County of _________
On __________ (date), before me, the undersigned, a notary public for the state, personally
appeared _________________ (subscribing witness’s name), personally known to me (or
proved to me on the oath of _________________ [credible witness’s name], who is personally
known to me) to be the person whose name is subscribed to the within instrument, as a witness
thereto, who, being by me duly sworn, deposed and said that he/she was present and saw
_________________ (name[s] of principal[s]), the same person(s) described in and whose
name(s) is/are subscribed to the within and annexed instrument in his/her/their authorized
capacity(ies) as (a) party (ies) thereto, execute the same, and that said affiant subscribed his/
her name to the within instrument as a witness at the request of _________________ (name[s]
of principal[s]).
WITNESS my hand and official seal.
Signature ______________________________________ (Seal)
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CODE OF CIVIL PROCEDURE
§ 1196. Subscribing witness; establishment of identity
If by a subscribing witness, that witness shall be personally known to the officer taking the
proof to be the person whose name is subscribed to the instrument as a witness, or shall be
proved to be such by the oath of a credible witness who is personally known to the officer
taking the proof, as defined in subdivision (b) of Section 1185.
§ 1197. Subscribing witness; items to be proved
The subscribing witness must prove that the person whose name is subscribed to the instrument
as a party is the person described in it, and that such person executed it, and that the witness
subscribed his name thereto as a witness.
§ 1633.11. Notarization and signature under penalty of perjury requirements
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to
an electronic signature if an electronic record includes, in addition to the electronic signature
to be notarized, the electronic signature of a notary public together with all other information
required to be included in a notarization by other applicable law.
* * *
§ 1633.12. Retaining records; electronic satisfaction
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an
electronic record of the information in the record, if the electronic record reflects accurately
the information set forth in the record at the time it was first generated in its final form as an
electronic record or otherwise, and the electronic record remains accessible for later reference.
(b) A requirement to retain a record in accordance with subdivision (a) does not apply to
any information the sole purpose of which is to enable the record to be sent, communicated, or
received.
(c) A person may satisfy subdivision (a) by using the services of another person if the
requirements of subdivision (a) are satisfied.
(d) If a law requires a record to be retained in its original form, or provides consequences if
the record is not retained in its original form, that law is satisfied by an electronic record
retained in accordance with subdivision (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an
electronic record of the information on the front and back of the check in accordance with
subdivision (a).
(f) A record retained as an electronic record in accordance with subdivision (a) satisfies a
law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law
enacted after the effective date of this title specifically prohibits the use of an electronic record
for a specified purpose.
(g) This section does not preclude a governmental agency from specifying additional
requirements for the retention of a record subject to the agency’s jurisdiction.
CIVIL CODE
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CODE OF CIVIL PROCEDURE
§ 12a. Computation of time; holidays; application of section
(a) If the last day for the performance of any act provided or required by law to be performed
within a specified period of time is a holiday, then that period is hereby extended to and
including the next day which is not a holiday. For purposes of this section, “holiday” means
all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in
Section 12b, all days which by terms of Section 12b are required to be considered as holidays.
* * *
§ 1935. Subscribing witness defined
A subscribing witness is one who sees a writing executed or hears it acknowledged, and at
the request of the party thereupon signs his name as a witness.
§ 2093. Officers authorized to administer oaths or affirmations
(a) Every court, every judge, or clerk of any court, every justice, and every notary public,
and every officer or person authorized to take testimony in any action or proceeding, or to
decide upon evidence, has the power to administer oaths or affirmations.
(b) (1) Every shorthand reporter certified pursuant to Article 3 (commencing with Section
8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to
administer oaths or affirmations and may perform the duties of the deposition officer pursuant
to Chapter 9 (commencing with Section 2025.010) of Title 4. The certified shorthand reporter
shall be entitled to receive fees for services rendered during a deposition, including fees for
deposition services, as specified in subdivision (c) of Section 8211 of the Government Code.
(2) This subdivision shall also apply to depositions taken by telephone or other remote
electronic means as specified in Chapter 2 (commencing with Section 2017.010), Chapter 3
(commencing with Section 2017.710, and Chapter 9 (commencing with Section 2025.010) of
Title 4.
(c) A former judge or justice of a court of record in this state who retired or resigned from
office, other than a judge or justice who was retired by the Supreme Court for disability, shall
have the power to administer oaths or affirmations, if the former judge or justice requests and
receives a certification from the Commission on Judicial Performance that there was no formal
disciplinary proceeding pending at the time of retirement or resignation. Where no formal
disciplinary proceeding was pending at the time of retirement or resignation, the Commission
on Judicial Performance shall issue the certification.
No law, rule, or regulation regarding the confidentiality of proceedings of the Commission
on Judicial Performance shall be construed to prohibit the Commission on Judicial Performance
from issuing a certificate as provided for in this section.
§ 2094. Oath to witness; form
(a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by
obtaining an affirmative response to one of the following questions:
(1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be
the truth, the whole truth, and nothing but the truth, so help you God?”
(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in
this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?”
* * *
ELECTIONS CODE
§ 8080. Fee for verification
No fee or charge shall be made or collected by any officer for verifying any nomination
document or circulator’s affidavit.
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PENAL CODE
COMMERCIAL CODE
§ 3505. Protest; Noting for Protest
* * *
(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a
notary public or other person authorized to administer oaths by the law of the place where
dishonor occurs. It may be made upon information satisfactory to that person. The protest
shall identify the instrument and certify either that presentment has been made or, if not made,
the reason why it was not made, and that the instrument has been dishonored by nonacceptance
or nonpayment. The protest may also certify that notice of dishonor has been given to some or
all parties.
PROBATE CODE
§ 4307. Certified copies of power of attorney
(a) A copy of a power of attorney certified under this section has the same force and effect as
the original power of attorney.
(b) A copy of a power of attorney may be certified by any of the following:
(1) An attorney authorized to practice law in this state.
(2) A notary public in this state.
(3) An official of a state or of a political subdivision who is authorized to make certifications.
(c) The certification shall state that the certifying person has examined the original power of
attorney and the copy and that the copy is a true and correct copy of the original power of
attorney.
(d) Nothing in this section is intended to create an implication that a third person may be
liable for acting in good faith reliance on a copy of a power of attorney that has not been
certified under this section.
FAMILY CODE
§ 9003. Consent of birth parents to adoption; execution; filing; out-of-state procedure;
prima facie evidence of custody; minor birth parents
(a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the
presence of a notary public, court clerk, probation officer, qualified court investigator, or county
welfare department staff member of any county of this state. The notary public, court clerk,
probation officer, qualified court investigator, or county welfare department staff member
before whom the consent is signed shall immediately file the consent with the clerk of the
court where the adoption petition is filed. The clerk shall immediately notify the probation
officer or, at the option of the board of supervisors, the county welfare department of that
county.
(b) If the birth parent of a child to be adopted is outside this state at the time of signing the
consent, the consent may be signed before a notary or other person authorized to perform
notarial acts.
(c) The consent, when reciting that the person giving it is entitled to sole custody of the child
and when acknowledged before the notary public, court clerk, probation officer, qualified
court investigator, or county welfare department staff member, is prima facie evidence of the
right of the person signing the consent to the sole custody of the child and that person’s sole
right to consent.
(d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth
parent’s child and the consent is not subject to revocation by reason of the minority.
COMMERCIAL CODE
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43PENAL CODE
PENAL CODE
§ 17. Felony; misdemeanor; infraction; classification of offenses
(a) A felony is a crime which is punishable with death or by imprisonment in the state
prison. Every other crime or public offense is a misdemeanor except those offenses that are
classified as infractions. * * *
§ 115.5. Filing false or forged documents relating to single-family residences;
punishment; false statement to notary public
(a) Every person who files any false or forged document or instrument with the county
recorder which affects title to, places an encumbrance on, or places 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, with knowledge that the document is false or forged, is
punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand
dollars ($75,000).
(b) Every person who makes a false sworn statement to a notary public, with knowledge
that the statement is false, to induce the notary public to perform an improper notarial act on
an instrument or document affecting title to, or placing an encumbrance on, real property
consisting of a single-family residence containing not more than four dwelling units is guilty
of a felony.
§ 118. Perjury defined; evidence necessary to support conviction
(a) Every person who, having taken an oath that he or she will testify, declare, depose, or
certify truly before any competent tribunal, officer, or person, in any of the cases in which the
oath may by law of the State of California be administered, willfully and contrary to the oath,
states as true any material matter which he or she knows to be false, and every person who
testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which
the testimony, declarations, depositions, or certification is permitted by law of the State of
California under penalty of perjury and willfully states as true any material matter which he or
she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition,
or certification is made or subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon
contradiction by testimony of a single person other than the defendant. Proof of falsity may be
established by direct or indirect evidence.
§ 126. Punishment
Perjury is punishable by imprisonment in the state prison for two, three or four years.
§ 470. Forgery; signatures or seals; corruption of records
***
(b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting
of another is guilty of forgery.
***
(d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits,
utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: …
or falsifies the acknowledgment of any notary public, or any notary public who issues an
acknowledgment knowing it to be false; or any matter described in subdivision (b).
***
§ 473. Forgery; punishment
Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
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PENAL CODE
§ 830.3. Peace officers; employing agencies; authority
The following persons are peace officers whose authority extends to any place in the state
for the purpose of performing their primary duty or when making an arrest pursuant to Section
836 of the Penal Code as to any public offense with respect to which there is immediate danger
to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section
8597 or 8598 of the Government Code. * * *
(o) Investigators of the office of the Secretary of State designated by the Secretary of State,
provided that the primary duty of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and
Section 12172.5 of, the Government Code. * * *
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