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Qualifications: An applicant for a commission as a California Notary Public (GC 8201[a][1] and [2]):
(a) must be at least 18 years old; and
(b) must be a legal resident of California.
An applicant who is being commissioned to notarize on a military base on the recommendation of the commanding officer need not be a legal resident of the state but must be a U.S. citizen and a federal civil service employee on the base (GC 8203.1, 8203.2 and 8203.3). “[A] a notary public does not need to be a United States citizen; however, California law requires that a notary public appointed to serve on a military or naval reservation must be a United States citizen” (SW, page 6).
Applicants also must pass a background check by both the FBI and the California Department of Justice, including submission of fingerprints (GC 8201.1[a] through [d]). “Applicants found to be non-compliant with child or family support orders will be issued temporary term notary public commissions. Notaries public found to be non-compliant after the commission is issued may be subject to commission suspension or revocation” (website, “Qualifications”; see also Family Code 17520).Course: For all commissions issued on or after July 1, 2005, applicants must take an approved six-hour course of study at least once (GC 8201[a][3]). Upon completing the required course, applicants receive a Proof of Completion certificate, which is valid for two years (website, “Checklist: Complete Approved Education”). The course is offered by private vendors, who must follow the Secretary of State’s regulations for having courses reviewed and approved (GC 8202.2[a] and 2 CCR 20800 et seq.). Statute also allows the Secretary of State to offer a course of instruction (GC 8201.2[b][2]).
Exam: After taking a mandatory education course, applicants must pass a proctored written examination, based on the Notary Public Handbook (GC 8201[a][4] and 2 CCR 20803). A passing score is 70%, and exam results are good for one year (website, “Frequently Asked Questions” and “Checklist: Take the Exam”). The state-contracted proctor for each exam is CPS HR (CPS); registration for the exam with CPS can be made online or by calling (916) 263-3520. Results are available 15-20 business days after the exam date and are mailed or emailed (if the applicant has registered an email address) to the applicant by CPS. Exam results will not be discussed over the phone (website, “Checklist: Register for the Exam” and “Checklist: Take the Exam”).
Applicants must bring the following items to the exam site:
(a) current photo identification (e.g., driver’s license or nondriver’s ID card);
(b) a completed application form;
(c) a 2-by-2-inch color passport photo of the applicant;
(d) the Proof of Completion certificate for the course;
(e) the registration confirmation letter; and
(f) the $40 testing and application fee (or $20 for persons retaking the exam after an initial failure), payable to “Secretary of State.”
Applicants may test only once per calendar month (GC 8201[b] and 8201.5; 2 CCR 20802 and 20803; website, “Checklist: Take the Exam”).Application: The applications of applicants who pass the exam are sent to the Secretary of State for processing (website, “Checklist: Take the Exam”).
“The notary public application processing time varies depending on when we receive your correctly completed notary public application and when we receive your background check information from the California Department of Justice for your Live Scan fingerprints. Please refer to our Processing Times webpage for daily updated processing information” (website, “Frequently Asked Questions”).Background Screening: “(b) Applicants shall submit to the Department of Justice fingerprint images and related information required by the department for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the department establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal.
“(c) The department shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information.
“(d) The department shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code” (Government Code 8201.1).
“All applicants are required to disclose on their application any arrests for which trial is pending and all convictions” (website, “Qualifications”). However, “information on [the] form filed by an applicant with the Secretary of State, except for his or her name and address, is confidential.… That information shall be used by the Secretary of State for the sole purpose of carrying out the duties of this chapter” (GC 8201.5). “Your address is public information because any person has the right to request a line item from a notary public’s journal and must be able to contact you to make such a request” (NN, 2015).
Once their application has been received, applicants are sent information about providing a full set of fingerprints at an electronic Live Scan site. The prints are submitted to the California Department of Justice and to the FBI for a criminal background check on the applicant. Electronic fingerprinting is required of all first-time and renewing applicants. Prints must be taken within one year of the exam, or retesting will be required. The following items must be brought to the Live Scan site:
(a) current photo identification;
(b) a completed “Request for Live Scan Service” form, downloadable on the Secretary of State’s website; and
(c) the fingerprint processing fees and an additional “rolling fee,” which may vary from site to site (GC 8201.1[f]; website, “Checklist: Submit Fingerprints via Live Scan”).Oath and Bond: Upon commissioning, the Notary is mailed a packet that includes (a) a cover letter and instructions on how to proceed; (b) the commission certificate; (c) two Notary Public Oath and Certificate Filing forms; (d) a Certificate of Authorization to Manufacture Notary Public Seals; and (e) a list of authorized seal manufacturers (website, “Checklist: Await Commission Packet”).
In-Person Filing: The new Notary has 30 calendar days from the commencement date of the commission to take an oath of office before, and file the oath and a $15,000 surety bond with, the clerk of the county in which the Notary maintains a principal place of business. Effective January 1, 2017, a new Notary must present an acceptable ID document to the county clerk when taking the oath of office and filing the bond (GC 8213[a]).
Filing by Certified Mail or Delivery: Alternatively, the oath may be taken before a Notary in that county, and the oath and bond then may be filed by certified mail or any method of physical delivery that provides a receipt with the county clerk within 30 days. A copy of the oath is then sent to the Secretary of State, with the original retained by the county clerk for at least one year after commission expiration. The bond is sent to the county recorder for recording, after which it is mailed back to the Notary (GC 8212 and 8213[a] and [e]).
Failure to Timely File: If the applicant fails to file the oath and bond within the prescribed time, the applicant must reapply. New and renewing Notaries who completed an approved six-hour course of study and passed the exam must attach a current Proof of Completion certificate and the required photo to a new application and submit them, along with a check for $20, to the Secretary of State. Because the commission has expired, renewing Notaries who completed a three-hour refresher course must retake the six-hour course and exam. They must submit a new Proof of Completion certificate for the six-hour course, a new application, the required photo and the $20 fee. In all cases, the applicant will need to have his or her fingerprints retaken at a Live Scan site (NPH).
Reappointment: Renewing Notaries must take a three-hour refresher course and the exam (GC 8201[a][4] and 8201[b][2]). Taking a six-hour course again satisfies the three-hour course requirement. To qualify for the three- hour course, renewing Notaries must take the exam and submit an application before the current commission expires; otherwise, they must retake the six-hour course. To avoid a gap between commissions, renewing Notaries should take the exam at least six months prior to the date on which their current commission expires. “If all application requirements are met, your new notary public commission will be issued 30 days prior to the expiration date of your current notary public commission” (website, “Frequently Asked Questions”). Once commissioned, the Secretary of State will mail the new commission not earlier than 30 days prior to the expiration of the current commission (NPH).
Nonresidents: A nonresident of California may not become a California Notary in the state.
Online Search
By clicking “Notary Public Listing” on the website, anyone can download a list of Notaries who hold active commissions in California. The active-Notary file is updated daily and includes:
(a) Notary’s full name and suffix, if any;
(b) name of the Notary’s employer, if any;
(c) Notary’s mailing address;
(d) county in which the Notary’s oath and bond are filed; and
(e) commission number and expiration date. For information on inactive Notary commissions (expired, revoked, suspended or failed to qualify), the Notary Public Section must be contacted (website, “Notary Public Listing”).
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Requirement: “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” (GC 8212).
Statute of Limitations: “Within three years …
“(f) (1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action.
“(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
“(3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years years” (Code of Civ. Procedure 338[f]).
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Take acknowledgments and proofs (GC 8205[a][2]; CC 1195[a][2]);
Administer oaths and affirmations (GC 8205[a][3]).
Take depositions and affidavits (GC 8205[a][3]).
Certify copies of powers of attorney (GC 8205[a][4]; Probate Code 4307[b][2]) or copies of entries in the Notary’s own journal if ordered by the Secretary of State (GC 8205[b][1]) or by a court (GC 8206[e]);
Issue confidential marriage licenses after being approved by a local county clerk (Family Code [FC] 530[a]).
Demand acceptance and payment of foreign and inland bills of exchange or promissory notes, and 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” (GC 8205[a][1]; see also GC 8208). Only certain employees of financial institutions are permitted to perform a protest.
Act as an independent third party inspector of an election in a “common interest development” (an incorporated or unincorporated homeowners association) (CC 5110[b]).
Countersign deer and elk tags (Fish and Game Code [FGC] 4341; 14 CCR 708.6[c]).
Acknowledgments
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Authority: “The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three…. For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public” (CC 5110[a] and [b]).
Requirements
Qualifications: “An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105” (CC 5110[b]).
Duties: “The inspector or inspectors of elections shall do all of the following:
“(1) Determine the number of memberships entitled to vote and the voting power of each.
“(2) Determine the authenticity, validity, and effect of proxies, if any.
“(3) Receive ballots.
“(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
“(5) Count and tabulate all votes.
“(6) Determine when the polls shall close, consistent with the governing documents.
“(7) Determine the tabulated results of the election.
“(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article” (CC 5110[c]).Impartiality Required: “An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of election’s ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report” (CC 5110[d]).
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Authority: “Any person legally killing a deer in this state shall have the tag for that deer countersigned by a person employed by the department, a person designated for that purpose by the commission, a notary public, a postmaster, a peace officer, or an officer authorized to administer oaths, before transporting the deer, except to transport the deer to the nearest person authorized to countersign the tag, on the route from where the deer is taken to that person” (Fish and Game Code FGC 4341).
“The following persons are authorized to countersign deer and elk tags: … Notaries Public” (14 CCR 708.6[c][3][C]).Requirements: “If asked to countersign a deer or bear tag, just sign the tag and identify yourself on the tag as a notary public. No notarial wording is necessary. Do not affix your notary seal on the tag and do not collect a fee. However, you must record the act in your journal” (Notary News 2014).
Note: According to 14 CCR 708.12(c), only employees of the Department of Fish and Game may countersign bear tags and that the this regulation supersedes Fish and Game Code 4755, which states Notaries Public may countersign bear tags.
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Requirement
Acknowledgments: “The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument” (CC 1185[a]).
Jurats: When executing a jurat on an affidavit or other sworn statement, “a notary … shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document” (GC 8202[a]).
Credible Witnesses: Every credible witness must present to the Notary an acceptable identification document (see “Satisfactory Evidence,” #2 and #3, below). This holds true whether that witness is personally known by or is a stranger to the Notary (CC 1185[b][1][A] and [b][2]).
Subscribing Witnesses: Every subscribing witness must be identified on the oath or affirmation of a credible witness who personally knows the subscribing witness, is personally known by the Notary and presents to the Notary an acceptable identification document (see “Satisfactory Evidence,” #2 and #3, below) (CC 1196).
Personal Knowledge: Based on separate pieces of legislation taking effect January 1, 2008, and January 1, 2009, California Notaries are prohibited from using their own personal knowledge to identify document signers, credible witnesses or subscribing witnesses.
Satisfactory Evidence: Satisfactory evidence of identity “means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person … is not the individual he or she claims to be and any one of the following” (CC 1185[b]):
Credible Witness (CC 1185[b][1]): The oath or affirmation of one credible witness personally known to the Notary and identified through statutorily prescribed ID cards (see “Satisfactory Evidence,” #2 and #3, below) or the oath or affirmation of two credible witnesses not personally known to the Notary and identified through statutorily prescribed ID cards, each swearing or affirming the following:
The witness personally knows the signer;
The signer is the person named in the document;
The witness does not have a financial interest and is not named in the document;
The signer does not have any of the IDs described in b. and c. below;
The witness has a reasonable belief 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.
Written Identification Current or Issued in the Past Five Years (CC 1185[b][3]):
A California driver’s license or non-driver's ID;
A U.S. passport (or passport card);
An inmate identification card issued by the California Department of Corrections and Rehabilitation (if the inmate is in custody in prison); or
Effective January 1, 2015, any form of inmate identification issued by a sheriff’s department (if the inmate is in custody in a local detention facility).
Other Written Identification (CC 1185[b][4]): The following identification is acceptable provided it includes an identifying number and the photograph, signature and physical description of the bearer and they are current or issued in the past five years:
Effective January 1, 2017, a valid consular identification document issued by a consulate from the applicant’s country of citizenship;
A driver’s license or official non-driver's ID issued by a U.S. state;
A Canadian or Mexican driver’s license issued by an appropriate public agency;
A U.S. military ID;
Effective January 1, 2017, a valid foreign passport from the applicant’s country of citizenship;
An employee ID issued by an agency or office of a California city, county, or city and county; or
Effective January 1, 2017, an identification card issued by a federally-recognized tribal government.
Inspecting ID: “One of the most common types of fraud involves forged signatures on documents giving a thief access to money or control over another person’s property. Every notary public can help prevent fraud by inspecting the picture, description, signature, and serial number on the identification document presented by the signer” (NN, 2020).
Unauthorized ID Cards: “Social security cards, student identification, … visas, and voter registration cards, to name a few, are not acceptable forms of identification and cannot be used for notarial purposes.” purposes” (NN, 2016).
Check Description and Photograph: “Regardless of the type of identification document used to establish the identity of the signer(s), the notary public always must require the signer(s) to present the required identification document in person. The notary public should be confident that the person whose description and photograph on the identification document is the person who is presenting the identification. A notary public cannot be expected or required to make a distinction between a fraudulent identification card and a legitimate one; however, the notary public can confirm that the photograph and the description indicated on the identification document match the person appearing before them” (NN, 2018).
Safe Harbor: “An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law” (Civil Code 1185[c]).
The Notary’s “safe harbor” against liability was the subject of a recent court case in which a Notary notarized two deeds of trust for an individual who proved to be an impostor and absconded with nearly $4 million in proceeds from the closings of the two deeds of trust (North American Title Co., Inc. v. Gugasyan, 73 Cal. App. 5th 380).
“The Court of Appeal affirmed the grant of summary judgment on the negligence-based claims against the notaries and their surety. The court held that the safe harbor in Civ. Code, § 1185 (1) applies when a notary relies upon a driver's license that looks like one the Department of Motor Vehicles (DMV) would issue (and thus does not require a notary to verify with the DMV that the driver's license is, in fact, a legitimately issued license), (2) applies even if an expert opines that industry custom requires a notary to do more than the statutory safe harbor requires, and (3) is not overcome by the simple fact that the person who appeared before the notary was an imposter. The undisputed evidence raised no triable issue of fact on whether the contractor notary complied with [Civil Code] § 1185. He declared that his usual practice was to carefully examine the driver's license presented to him to make sure that the name, signature, and photograph on the license matched the name, signature, and appearance of the person appearing before him; to examine the license itself for authenticity in terms of texture and color; to record the information on the license in his notary book; and to refuse to notarize a document if there were any irregularities. Because the contractor notary notarized the deeds of trust and recorded the driver's license information provided on both occasions in his notary journal, his declaration established that he was presented with and reasonably relied upon a license purporting to be issued by the DMV and that he had no other evidence at the time that would give him pause. The escrow holder provided no contrary evidence” (California Reports Official Summary in the case of North American Title Co., Inc. v. Gugasyan, 73 Cal. App. 5th 380).
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Required Entries: The entries in a Notary’s journal for each notarial act must include (GC 8206[a]; NPH):
Date, time and type of each official act;
Character (type or title) of every document sworn to, affirmed, acknowledged or proved before the Notary;
Signature of each person whose signature is notarized, including the signature of any subscribing witness and the mark of a signer;
Statement regarding the type of satisfactory evidence relied on to identify the signer;
Fee charged for the notarial act or, if no fee was charged, “No Fee” or “0”;
If document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property, the right thumbprint (or any other available print) of the signer.
Type of Notarial Act: “Some notaries confuse the type of notarial act with the type of document. These are not the same. The type of act is the type of form certificate the notary public uses, such as a certificate of acknowledgment or a jurat. Only the type of certificate form the notary public uses should be entered in this category. A notary public should not write an abbreviation or an acronym to describe the type of act. This will avoid confusion or misunderstandings as to the contents of the journal entry and the type of notarial act performed. A journal entry that contains a line filled with indecipherable abbreviations is useless if a person requests a copy of a line item” (NN, 2018).
Satisfactory Evidence of Identity: “If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, 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 government agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document” (GC 8206[a][2][D]). These requirements apply when the credible witness is identifying either a subscribing witness or a principal signer (NPH).
“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 to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses” (GC 8206[a][2][E]). When a signer’s identity is proven by the oath or affirmation of two credible witnesses, the Secretary of State stipulates that “the journal shall contain the signatures of the credible witnesses and the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issuance or expiration of the document establishing the identity of the credible witness” (NPH).Signature: “The signature of the person who requested the notarial act could be critical in an investigation that includes handwriting analysis. Secretary of State Investigators have found instances where a signature is captured incorrectly on one diagonal line drawn through several line items in an attempt to show one person signed multiple documents. California Government Code section 8206(c) requires a signature for each line item.
Subscribing Witness Signature: The subscribing witness must sign the notary public’s journal (NPH).
Signer Making Mark: “The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark in the notary public journal must be witnessed by an individual who must write the person’s name next to the mark and then sign his or her own name as a witness” (NPH).
Thumbprint: “If the document to be notarized is a deed, quitclaim deed, deed of trust or other document affecting real property, or a power of attorney document, 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” (GC 8206[a][2][G]). For the Notary’s failure to obtain a journal thumbprint as required, a civil fine of up to $2,500 may be imposed by the Secretary of State or any public prosecutor (GC 8214.23[a]).
Shortcuts, Abbreviations: “If you are notarizing multiple documents for a signer or signers, each notarial act must be indicated clearly in your journal. Hash marks, ditto marks, arrows, lines, or other shortcuts do not meet the requirements for entering a complete notarial act into your journal” (NN, 2018)
“Record, without abbreviations, all the information required by law to be recorded for each and every notarial act. Any member of the public may request a copy of a specific line item entry from the journal, which would be useless if that line is filled with indecipherable abbreviations or quotation marks. A complete entry is necessary to provide a complete record of the notarial act” (NN, 2020).Recording Loan Documents: “The type of document entered [in the journal] also indicates whether a thumb print must be captured. Avoid using generic words such as “loan ‘loan docs.” ’ These terms are too general and do not specify to the character of the instrument as required by California Government Code section 8206(a)(2)(B). If asked about a line item from your journal three years after the entry was made, would you remember what specific “loan doc” was referenced three years earlier?
“When a notary public is performing several notarizations as part of a loan package, the notary public must identify each notarization (official act) performed. Recording one entry in a journal for all loan documents or using ditto marks or hash marks under the first journal notarial act to the last notarial act is not in compliance with California Government Code section 8206(a)(1). Nor does it provide any member of the public a complete line item journal entry if it is requested.” requested” (NN, 2018).
Inspection, Copying of Journal
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