Page Comparison

Anchor
top top

Last Update:

...

October 18, 2024

...

1. 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).

2. 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]).

3. 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”).

4. 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”).

5. Background Screening: Required.
   “(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”).

6. 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”).

   1. 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]).

   2. 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]).

   3. 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).

7. 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).

8. Nonresidents: A nonresident of California may not become a California Notary.

...