California Notary Public Handbook

Notary Public Handbook Overview

• This handbook is the official source for California notary public laws.
• A notary public provides essential services to the legal, business, financial, and real estate sectors.
• 2024 additions will include extra data for power of attorney documents certification.
• Senate Bill 696, also known as the Online Notarization Act, was approved 9/30/23, authorizing remote notarizations (audio-video communication and online notarization platforms)
• The Online Notarization Act goes into effect 1/1/2030 dependent on the Secretary of State certifying the NAP 2.0 tech project.
• Regular updates for notaries public are posted on the Secretary of State's website at www.sos.ca.gov/notary. -Answers to frequently asked questions related to COVID-19 can be found by visiting www.sos.ca.gov/business-programs/bizfile/covid-19-frequently-asked-questions.
• More resources can include a Notary Public Handbook, checklist of required steps, Acknowledgment, Jurat along with miscellaneous forms, a sample workbook, and disciplinary guidelines at www.sos.ca.gov/notary.
• Correspondence should be addressed to the Business Programs Division, specifically the Notary Public & Special Filings Section, P.O. Box 942877, Sacramento, CA 94277-0001.
• Approved education vendors: https://notaryeducation.sos.ca.gov/
• Sign up for E-Updates at www.sos.ca.gov/eupdates for the most recent news, law changes, and helpful information from the California Secretary of State’s office.

Appointment and Qualifications

• To become a notary public you must: be a California resident, at least 18 years old, complete a Secretary of State-approved course, pass a written exam, and clear a background check per Government Code section 8201
• Applications with a 2" x 2" color passport photograph are submitted and reviewed by the Secretary of State.
• To verify an applicant's identity and crime history, fingerprinting is mandatory before appointment per Government Code section 8201.1
• Information on fingerprinting requirements is mailed to exam candidates.

Convictions

• Applicants are required to disclose all pending arrests and convictions.
• Disclosure questions can be directed to the Secretary of State's office before signing the application.
• Contact the California Department of Justice at (916) 227-3849 to inquire about arrest/conviction specifics.
• Application denial reasons: Failure to disclose any conviction; conviction of a felony; or conviction of a disqualifying lesser offense.
• Applicants can appeal denials through administrative hearings, as described in Government Code section 8214.3.
• Government Code section 8214.1 has an in-depth list of denial reasons.
• Refer to the Secretary of State's Notary Public Disciplinary Guidelines for a list of disqualifying convictions.

Notary Public Education

• All appointed persons must complete a six-hour course approved by the Secretary of State. -Those being reappointed are subject to complete a refresher course of three hours.
• A three-hour refresher course is permissible if used to meet initial requirements in the event a notary is applying for a new commission before their current one expires.
• The individual must complete the six-hour notary public education if the existing public notary commission has expired before being appointed for another term.
• The Secretary of State reviews and approves courses, ensuring they cover the exam's material. -A vendor list exists on the Secretary of State's website or by mail based on requests.

Requirements and Time Limit for Qualifying

• Within 30 calendar days, the newly commissioned individual must take, subscribe, and file an oath of office, along with a $15,000 surety bond, at the county clerk's office for the commission to take effect
• The filing must occur in the county where the notary has a principal place of business on file with the Secretary of State.
• An invalidation occurs for oath and bond not filed within 30 days.
• New appointment and qualification required within a 30-day limit
• Completing the oaths and bonds and filing of them by the county clerk via certified mail or other physical delivery receipt are Government Code section 8213(a)
• Insufficient time for timely oath and bond filing must be accounted for concerning mailing.

Notary Public Bond

• Every California notary public must file an official $15,000 bond.
• The bond is for limited funds to cover claims against the notary public, and not an insurance policy for the notary public
• Personally liable for all damages.
• The bonding company may be reimbursed for sums paid because of misconduct or negligence per Government Code sections 8212 to 8214.

Geographic Jurisdiction

• Notary publics can provide services all throughout California
• Completing services is not only limited to the county where the oath and bond are on file.
• Most certificates have “State of California, County of ___________” as a heading where the county is where the person appeared before the notary.

Acts Constituting the Practice of Law

• California notaries public are prohibited from performing actions that constitute practicing law
• Legal document drafting, preparing, selecting/determining any kind of legal document, or giving advice.
• If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.

Notary Public Seal

• Must have and use a seal under locked and secured control that is not surrenderable to any person.
• A seal must photographically reproduce when it is affixed to a document with: the State Seal, the words “Notary Public”; the name of the notary public as shown on the commission; the name of the county where the oath of office and notary public bond are on file; the commission expiration date; assigned sequential identification number (commission number)
• Seal dimensions: circular (not over two inches in diameter) or rectangular (not more than one inch in width by two and one-half inches in length, serrated/milled edge border).
• Seal placement is important so that all elements are discernible, make a clear impression that is not placed over printed material including signatures.
• The document may be rejected for recordation and can cause extra expenses and inconvenient.
• Subdivisions maps allow for authenticated acts without using an official notary public seal due to acknowledgments on materials which would not normally accept standard pad ink
• 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 THEIR SEAL OR THE TITLE NOTARY PUBLIC FOR ANYTHING EXCEPT FOR RENDERING NOTARIAL SERVICE. (Government Code section 8207)
• Misdemeanor: A notary public is guilty of a misdemeanor if they willingly neglect direct and exclusive control or surrender their seal to an unauthorized person. (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)

Identification

• Notaries public are obligated to verify the identity to the signer on a certificate of acknowledgment (Civil Code sections 1185(a), 1189, Government Code section 8202).
• There should be no information, evidence, or other circumstances that would lead a reasonable person to believe that the individual is not the individual they claim.
• Identity is established using identification documents, oath of a single credible witness, or oaths of two credible witnesses under penalty of perjury.
• Identification documents requirements for the public notary: reasonable reliance on one of the following forms is provided, and it is current or was issued within 5 years: identification card or driver's license issued by the California Department of Motor Vehicles; United States passport; inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in California state prison; and any form of inmate identification issued by a sheriff's department, if the inmate is in custody in a local detention facility.
• Other forms: a valid consular identification document issued by a consulate from the applicant's country of citizenship, or a valid passport from the applicant's country of citizenship; a driver's license issued by another state or by a Canadian or Mexican public agency authorized to issue driver's licenses; an identification card issued by another state; a United States military identification card (caution: current military identification cards might not contain all the required information); an employee identification card issued by an agency or office of the State of California, or an agency or office of a city, county, or city and county in California; and an identification card issued by a federally recognized tribal government with photograph, description of the person, signature of the person, and an identifying number.
• The notary public must include the serial number or identifying number of the document and the date of issue or expiration of the document in their journal.

Oath of Single Credible Witness

• A notary public, without personal knowledge of the parties, may rely on the oath of a single credible witness to verify the identity of the signer, provided the witness is known by the notary public
• A Single Credible of the signer has to be obtained, the notary public must confirm the identity of witness by paper identification documents.
• Under oath or affirmation, the credible witness must swear or affirm that the individual appearing before the notary public as the signer of the document is the person named in the document; that the credible witness personally knows the signer; that 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; that The signer does not possess any of the identification documents authorized by law to establish the signer's identity; and The credible witness does not have a financial interest and is not named in the document signed.
• Credible witness must indicate in their journal the type of identifying document, the identifying number of the document, and the date of issuance or expiration of the witness to estbalish identity

Oaths of Two Credible Witnesses

• For the signer, a notary public can establish the identity by the oaths of two credible witnesses
• The notary public first must establish the identities of the two credible witnesses through paper identification documents
• witnesses must swear or affirm under penalty of perjury to each of the things sworn to or affirmed by a single credible witness
• credible witness must indicate in their journal the type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the witnesses to establish their identities in their journal

Notary Public Journals

• Notary public is required to keep a sequential journal of all journal entries that must be secured in a locked place, in their possession
• All items shall be included in the journal for government code section 8206(a) regarding the character of every instrument sworn to affirmation.
• journal includes if satisfactory evidence: paper identification; credible witnesses signature and form of identification; fee charged for the notice and/or service
• Journal entries are to require thumbprint of document owner, notary physical contact indicated or explained
• journal stolen, lost, misplaced or destroyed, secretary of state must be notified
• public access to journal is mandated to be complied by the notary public for transactions
• Within 30 days from the nonrenewal of their commission, records and papers are delivered to county clerk.

Conflict of Interest

• Notarization is allowed for relatives unless there is a directly named beneficiary with an exercised community property law.
• Having a financial and beneficial interest as situations are covered in government code section 8224.
• Notary public as an agent, or employee is not a beneficial interest.
• When in doubt as to notarize, consult with an attorney.

Acknowledgement

• The certificate of acknowledgment is the most frequently completed form requiring the notary to attest that the signer personally appeared before them, confirm their identity, and confirm that the signer acknowledged executing the document.
• A statement that the identity was satisfactory must also be recorded with the credible witnesses signature by the journal from the notary
• When presented evidence is a part of the document before signature
• False statements lead to civil and criminal offences
• The official format may be fulfilled by boxed example set in California Code, and the Secretary of State will determine the method to use it
• Cannot affix seal/initials without correct wordings/spellings

Jurat

• The jurat is a form that certifies the signer that shows that they signed the notarization in the notary public's presence that contains "Transcribed and affirmed."
• the notary public had administered any oath
• Signer is not known by the notary public -Seal/signature of the notary not in effect without correct wording/spelling -Acceptable affirmation statement: the statements in this document are true

Subscribing Witness Proof

• If the principal is unable to make it personally to a notary, a subscribing witness can take their place.
• Subscribing process can not be tied to power of attorney, quitclaim deed, grand deed, mortgage, security agreement in respect to real property.
• Thumbprint is provided as a required notary act. Requirements: the documents by sworn witness show they know that it is in fact the principal that should apply the notary
• To provide signature by witness there needs a sign of an individual under credible oath that knows that individual.
• Subscribing witness needs an identification form
  • In a non-used process provide a situation of how it should be set, principal is unable to sign papers
• They can have someone be the known witness before notary. -They have the individual sign a public notice.
• Sue is given oath when Carl's information is collected.

Signature by Mark

• The one that cant sign their name (write) is able to make a signature by mark
• Requirements: satisfactory evidential signature for identification and two people witnessing, signing their names with signers names (Civil Code Sect 14)
• The journal requires mark under notary of public
• Making of mark in notebook with mark that is signed
• Example of document that may have this under them.
• I Bob Smith, give power of my attorney to Jane Brown to make business in my name; it remains for that to be in order until documents filed have that removed voiding it
• On day insert month and year before John Done Public Notary with sign, appears Bob Smith in his power to have you in instrument that is capable and allowed with authorization/by their signature in his instrument or acted.

Powers of Attorney-Certifying Copies

• A notary can certify copies of any power of attorney form -This has the original power and value of force
• Requires official insert, the day of month with the year, request to see, compared the form to what has value. With signature in order
• Notarial law does not dictate to crossout material in the form when signing/seal

Notarization of Incomplete Documents

• Notary cant notarize forms that have material missing from them whether known from experience
• 8205 of government code dictates it is not up for notarize with no doubt for what is needed Correcting a Notarial
• Act There doesn't seem to be anything that provides a way
• Notify assignature again to document

Certified Copies

Copy of both 4307 probate code or what is in notary is allowed Copies of fetal death and birth marriage records or any acting recorders in office can help complete what is missing.