Golden State Notary - Pre-Seminar Study Guide

Please look over this information prior to the seminar. It is suggested that you print this page out and highlight the bold and underlined material. This will help give you a base knowledge for the seminar. You may also download this information in Adobe PDF format: Pre-Seminar Guide

APPOINTMENT AND QUALIFICATIONS

In order to qualify to become a notary public you must meet all of the following requirements:

Be a resident of the State of California ;
Be at least 18 years of age;
Satisfactorily complete a course of study approved by the Secretary of State for appointments made on or after July 1, 2005 ;
Pass a written examination prescribed by the Secretary of State;
Be able to read, write, and understand English ; and
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. Information concerning the fingerprinting requirements will be mailed to candidates who pass the examination. Commissioned notaries 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 all arrests and convictions on their applications, including convictions dismissed under Penal Code section 1203.4 or 1203.4 a. 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 will recommend denial of an application for the following reasons:

Failure to disclose any conviction;
Conviction of a felony; or
Conviction of a disqualifying misdemeanor where not more than 10 years have passed since the completion of probation.

When a recommendation is made to deny an application, the applicant has the right to appeal the recommendation through the administrative hearing process. 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 (Effective July 1, 2005)

All persons appointed on or after July 1, 2005 , will be 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, will be required to take the initial six-hour course of study. In addition, the Secretary of State will review and approve any course of study that includes all material that a person is expected to know to satisfactorily complete the written examination. The Secretary of State will compile a list of all persons offering an approved course of study and will provide this list with the Notary Public Handbook.

REQUIREMENTS AND TIME LIMIT FOR QUALIFYING

Once the commission has been issued, a person has 30 calendar days 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 permits the mailing of completed oaths and bonds to the applicable county clerk for filing of the initial oath and bond. 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.

NOTARY PUBLIC BONDS

In order to provide some protection to the public, California law requires every notary public to file an official bond. 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.

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.

ACTS CONSTITUTING THE PRACTICE OF LAW

(Inserted at the request of The State Bar of California)

California notaries 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 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 may also use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below.

It is photographically reproducible when it is affixed to a document.
It contains the State Seal and the words “Notary Public.”
It contains the name of the notary public as shown on the commission.
It contains the name of the county where the oath of office and notary public bond are on file.
It contains the expiration date of the notary public commission.
It contains the sequential identification number assigned to the notary public as well as the identification number assigned to the manufacturer or vendor for every seal or stamp manufactured on or after January 1, 1992 .
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 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.

A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE.

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.

NOTARY PUBLIC RECORDS

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.

Date, time and type of each official act (e.g. acknowledgment, jurat).
Character of every instrument sworn to, affirmed, acknowledged or proved before the notary public (e.g. deed of trust)
The signature of each person whose signature is being notarized.
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 documen t. (e.g., driver’s license, [State] Department of Motor Vehicles, #X00000, 00/00/00.)
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, [Stat e] Department of Motor Vehicles, #X00000, 00/00/00.)
The fee charged for the notarial service.
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 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.

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.

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).

Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial 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. Any notarial records and papers delivered to the Secretary of State will be returned to the sender.

ACKNOWLEDGMENT

The form most frequently completed by the notary public is the acknowledgment. The acknowledgment form is set forth in Civil Code section 1189. In the 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(signing) 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 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 an 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 an acknowledgment form 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 exactly 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.

NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL

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.

JURAT

The second form most frequently completed by a notary public is the jurat . 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:

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

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 cannot 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.

NOTE: A proof of execution by a subscribing witness cannot be used in conjunction with any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or a Grant Deed document.

The requirements for proof of execution by a subscribing witness are as follows:

The subscribing witness must be able to say, under oath , that he or she either saw the principal sign the document or heard the principal acknowledge that he or she signed the document .
The subscribing witness must personally know the notary public , or if the subscribing witness does not personally know the notary public, then his or her identity must be established, or proved, by a third party. That third party must personally know both the subscribing witness and the notary public. That third party is called a credible witness . Since the subscribing witness must be personally known by the notary public, or by one credible witness , paper identification cannot be used in establishing the subscribing witness' identity.
The subscribing witness must sign the document.
The subscribing witness must sign the notary public’s official journal . In addition, if the identity of the subscribing witness was established by a third party, or credible witness , then the credible witness must also sign the notary public’s official journal.

The following scenario provides an example of how Proof by Subscribing Witness form may be used:

The principal, Steve, needs to get a document notarized.

Steve is in the hospital and, therefore, cannot appear before Cathy, the Notary Public, in order to get his signature notarized.

Steve's longtime friend, Joe, is at the hospital visiting Steve. Steve tells Joe that he needs to get a document notarized. Since Steve can't leave, he asks Joe, the Subscribing Witness, to get the document notarized on his behalf.

Steve could have either signed the document in Joe's presence or have signed it prior to Joe's arrival. If the document was signed prior to Joe’s arrival, Steve would need to have acknowledged to Joe at that time that he signed the document. Steve then gives the document to Joe. Joe, who personally knows Notary Public Cathy, goes to her office and advises her that Steve wants to get the document notarized.

Joe must sign or have signed the document as the Subscribing Witness. Cathy, in her capacity as a Notary Public, must place Joe under oath. Under oath or affirmation, Joe then swears to Cathy that Steve signed the document, that he personally knows Steve, and that Steve asked him to get the document notarized.

Since Joe is the person who appeared before Cathy, Joe must sign Cathy's notary public journal. Cathy notarizes Joe's signature and then enters the information in her journal entry. In that Joe is the subscribing witness and paper identification is not allowed, Cathy does not enter Joe's driver's license in her journal. Joe then takes the document back to Steve.

Shown below is a suggested format for proof of execution by a subscribing witness. Other formats with similar wording may also be acceptable.

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 acknowledged _________________ (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.

NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL

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. The requirements for signature by mark are as follows:

The person signing the document by mark must be identified by the notary public by either personal knowledge or satisfactory evidence.
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 Power of Attorney executed by Signature by Mark:

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 .

A suggested format for the certification is shown below. Other formats with similar wording may also be acceptable.

State of California ss.

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

NOTE: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.

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.

CERTIFIED COPIES

California statute specifies that a notary public may only certify copies of powers of attorney, and copies of his or her notary public journal.

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.

WILLS

The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary public may do so.

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.

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.

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. This fee limitation applies even if the person is not performing notarial duties.

CONFIDENTIAL MARRIAGES

Confidential marriage licenses may be issued by the county clerk to a notary public pursuant to Family Code section 503. The license shall be valid for a period of 90 days and may only be used in the county in which it was issued. 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.

The form that a notary public completes when notarizing a confidential marriage license is a jurat. Execution of a jurat requires that the signers personally appeared before the notary public, that the signers signed the document in the presence of the notary public, that the notary public administered the oath or affirmation, and that the notary public certified to the identity of the signer. Please refer to the section of this handbook titled "JURAT" for the prescribed form.

If the county clerk finds that the notary public has violated any of the provisions of Family Code section

500 et. seq. regarding confidential marriages, the county clerk may place the notary public on probation or suspend or revoke his or her approval. If a notary public violates any of the provisions of Government Code section 8214.1, the approval shall be revoked. In addition, the county clerk shall report the findings of any hearing to the Secretary of State for appropriate action.

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.

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.

DISCIPLINARY GUIDELINES

In June 1998, the Secretary of State instituted disciplinary guidelines, which were revised effective March 31, 2001 , in order to facilitate due process and to maintain consistency in reviewing applications, investigating alleged violations, and implementing administrative actions.

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.

IMPORTANT ISSUES AND INFORMATION

Fees Charged for Services Performed

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. To avoid possible problems, the fees charged (or not charged) should be consistent from customer to customer. The notary public is still required to make an entry in the notary public journal even if no fee was charged, such as “no fee” or “0.”

EXCEPTIONS: 1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries 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 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.

Change of business address, residence address and/or change of county

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. Upon the change of a business address, 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, but is permissive as to whether or not a change of county is filed with the county after the original oath and bond have been filed should the notary public move. 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, 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.

Miscellaneous Provisions

Unless working under an agreement with an employer as described in Government Code sections 8202.7 and 8202.8, or having a direct financial or beneficial interest to the transaction as described in Government Code section 8224, it is the duty of the California notary public, upon the payment of any fees, if applicabl e, to notarize upon request any properly submitted document for any person, anywhere in the State of California.
A notary public is not prohibited from notarizing for relative s, 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 .
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

Q. 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.

Q. 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.

Q. 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. ( California Code of Regulations 2080 1)

Q. 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 who have held previous commission terms, will be required to satisfactorily complete a six-hour course of study prior to reappointment as a notary public, if that reappointment occurs on or after July 1, 2005.

Q. 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 approved course of study will be required to satisfactorily complete a three-hour refresher course of study prior to reappointment as a notary public for all subsequent terms.

Q. I have taken courses in the past prior to taking the exam. Will I still be required to take the six-hour course?

A. Yes, 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 will be one of the qualifications you must meet in order to become a notary public, you will be required to complete the approved course of study in order to qualify under the new legislation.

Q. 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 new legislation 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.

Q. I have changed my business or home address, what do I do?

A. Send our office a letter or a change of address form by certified mail within 30 days of the change.

Q. 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 . If the location of your business has changed, you are not required to transfer your oath of office and bond to that new county. You are, however, required to send our office an address change via certified mail. If you do choose to transfer your county, you will need to take and file an oath of office and take the original or a duplicate of the original bond and file it with the new county. A certificate of authorization to manufacture a notary public seal will be sent to you once you have qualified by filing your new oath of office with the new county. Your stamp must reflect the county where your oath and bond are filed.

Q. Am I required to see the person sign the document at the time I perform the notarization?

A. If you are preparing an acknowledgment form, then “no.” The document can be executed before the person brings it to you for notarization. In an acknowledgment, the signer is acknowledging that he/she executed the document, not that they executed the document in your presence. However, when preparing a jurat form, then “yes.” The person requesting the jurat form 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.

Q. I lost my stamp or journal, what do I do?

A. Send a letter by certified mail to the Secretary of State explaining what happened and, if applicable, a photocopy of a police report. If you have had your stamp lost or stolen, we will send an authorization so you can have a new stamp made.

Q. 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.

Q. 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 our office a written request for a certificate of authorization.

Q. 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 records and papers to the county clerk in which your current oath of office is on file within 30 days.

Q. 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 voi d . If you wish to reapply, you must complete a new application and send it to our office with a check for $20.00.

Q. 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.