California - U.S. Notary Reference

Last Update: January 1, 2025

Notary Jurisdiction

1. Notaries Public: Statewide (GC 8200).

2. Military-Base Notaries: Federal civil servants commissioned to serve as Notaries on a U.S. military base in California may notarize only on that base (GC 8203.2).

Notary Term Length

1. Notaries Public: Four years (GC 8204).

2. Military-Base Notaries: The commission of a Notary serving on a U.S. military base is terminated if the Notary ceases to be a federal civil-service employee on that base (GC 8203.4).

Notary Bond

$15,000 (GC 8212).

Notary Seal

Required (GC 8207).

Notary Journal

Required (GC 8206).

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Commissioning Official

The California Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (GC 8200).

Contact Information

1. Address: Office of Secretary of State Notary Public Section
   P.O. Box 942877
   (1500 11th St., 2nd Floor) Sacramento, CA 94277-0001

2. Phone: 916-653-3595

3. Website: www.sos.ca.gov/notary

Laws, Rules and Guidelines

1. Laws

   1. California Codes: Most Notary statutes are in: California Government Code (GC), Title 2, Division 1, Chapter 3, “Notaries Public”; California Civil Code (CC), Division 2, Part 4, Title 4, Chapter 4, Article 3, “Proof and Acknowledgment of Instruments.”

   2. Citations: Citations to the Codes in this chapter follow this convention: Code abbreviation, section, and any subdivision, paragraph, or subparagraph, within the section, if applicable, in brackets. Example: GC 8201.2[b][2].

2. Regulations

   1. Code of California Regulations: Regulations governing education providers, commissioning, and disciplinary procedures are found in the Code of California Regulations (CCR) Title 2, Division 7, Chapter 8 “Notaries Public.”

   2. Citations: Citations to the Regulations in this chapter follow this convention: Title, CCR, regulation number, and any subsection, paragraph, or subparagraph within the regulation number if any in brackets. Example: 14 CCR 708.6[c].

3. Guidelines: Other guidelines for Notaries are in the “Notary Public Handbook” (revised 2024) (NPH), “Sample Workbook: Duties and Functions of a California Notary Public 2017” (SW), and the “Notary News” (NN) newsletters, issued by the California Secretary of State and available on the website.

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Commission Process

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% (website, “Frequently Asked Questions” and “Checklist: Take the Exam”). “The examination results shall be valid for a period of one (1) year from the date of the examination” (2 CCR 20803). 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.

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”).

Jurisdiction

1. Notaries Public: “Notaries public may act as such notaries in any part of this state” (GC 8200).

2. Military-Base Notaries: Federal civil servants commissioned to serve as Notaries on a U.S. military base in California may notarize only on that base (GC 8203.2).

Term Length

1. Notaries Public: The term of office of a notary public is for four years commencing with the date specified in the commission (GC 8204).

2. Military-Base Notaries: The commission of a Notary serving on a U.S. military base is terminated if the Notary ceases to be a federal civil-service employee on that base (GC 8203.4).

Bond

1. 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).

2. 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” (Code of Civ. Procedure 338[f]).

Changes of Status

1. Address Change: Notaries who move their business, residence and/or mailing address must inform the Secretary of State in writing, by certified mail or any means of physical delivery that produces a receipt, within 30 days of the move. Willful failure to do so may result in a fine of up to $500 (GC 8213.5). A letter or the Secretary’s change of address form, available on the website, may be used (NPH). An Address Change form is available for this purpose from the Secretary of State’s website. “A notification of address change cannot be accepted by fax or email” (NN, 2014). Because California Notaries have statewide jurisdiction, Notaries who move their principal place of business from one county to another need not refile their oath and bond in the new county. If they choose to do so, however, they must file either a new bond or duplicate of the original bond and a new oath. Within 30 days of the filing, they must obtain a new seal bearing the name of the new county (GC 8213[b]).

2. Name Change: If a Notary changes his or her name, a Notary Public Name Change Application form must be filed with the Secretary of State. Willful failure to do so may result in a fine of up to $500 (GC 8213.6). After receiving the completed form, the Secretary will issue an amended commission in the Notary’s new name. Within 30 days after issuance of the amended commission, the Notary must file a new oath of office and a bond amendment with the clerk of the county in which the Notary’s principal place of business is located. Within 30 days after the filing, the Notary must obtain a seal with the new name (GC 8213[c]).

3. Resignation: “If you want to resign your commission, send a letter of resignation to the Secretary of State’s office; within 30 days deliver all of your notarial journals, records, and papers to the county clerk in which your current oath of office is on file; and destroy the seal” (NPH; see also GC 8209).

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Authorized Acts

Notarial Acts: California Notaries are authorized to perform the following notarial acts:

1. Take acknowledgments and proofs (GC 8205[a][2]; CC 1195[a][2]);

2. Administer oaths and affirmations (GC 8205[a][3]).

3. Take depositions and affidavits (GC 8205[a][3]).

4. 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]);

5. Issue confidential marriage licenses after being approved by a local county clerk (Family Code [FC] 530[a]).

6. 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.

7. Act as an independent third party inspector of an election in a “common interest development” (an incorporated or unincorporated homeowners association) (CC 5110[b]).

8. Countersign deer and elk tags (Fish and Game Code [FGC] 4341; 14 CCR 708.6[c]).

Acknowledgments

Requirements: In executing an acknowledgment, the Notary certifies:
(a) that the signer personally appeared before the Notary on the date and in the county indicated;
(b) to the identity of the signer; and
(c) that the signer acknowledged executing the document (NPH; see also “Standards of Practice > “Identification,” below).

“An acknowledgment … [may not] be affixed to a document that has been mailed or otherwise delivered to a notary public where the signer did not personally appear before the notary public, even if the notary public knows the signer” (NN, 2015).

“Signers requesting an acknowledgment should be asked: ‘Do you acknowledge that this is your signature and that you signed this document?’” (NN, 2012).

Proofs

1. Definition: “A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness” (Code of Civil Procedure [CCP] 1935).

2.  Requirements: Proofs of execution by a subscribing witness have long been prohibited by law on grant deeds, mortgages, deeds of trust, quitclaim deeds and security agreements. Effective January 1, 2012, proofs of execution also are prohibited on powers of attorney and on any instrument that requires the Notary to obtain a journal thumbprint from the signer of the document. In addition, effective January 1, 2013, proofs of execution may not be executed on any instrument affecting real property. Proofs are still allowed on trustee’s deeds resulting from a decree of foreclosure or from a non-judicial foreclosure pursuant to CC 2924 and on deeds of reconveyance (GC 27287; CC 1195[b]).
   “The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness” (CC 1197).
   In the event a subscribing witness and principal are dead, cannot be found or refuse to appear, there are procedures for a proof through handwriting (CC 1198 and 1199).

Oaths and Affirmations

1. Definition: “‘Oath’ includes affirmation” (GC 15).

2. Requirements

   1. Jurats: Oaths and affirmations are most often administered by Notaries for in connections with performing jurats on affidavits and other sworn documents (see “Affidavits,” below).

   2. Stand-alone Oaths, Affirmations: Oaths and affirmations may also be administered by Notaries as stand-alone notarial acts.

   3. Form of Oath, Affirmation: “An oath, affirmation, or declaration in an action or proceeding, may be administered by obtaining an affirmative response to one of the following questions:
      “(1) ‘Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?’;
      “(2) ‘Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?’” (CCP 2094[a]).

Depositions

1. Authority: “When requested, it is a duty of a notary public to take depositions” (SW).

2. Requirements: “[A] notary public cannot record and transcribe an oral deposition in shorthand unless the notary public is also a certified shorthand reporter and licensed by the Court Reporters Board of California. A notary public may take an oral deposition by writing it out in longhand or typing it out longhand on an electronic device” (SW).

Affidavits

1. Definition: “A document containing statements sworn or affirmed by the signer to be true and correct typically is referred to as an ‘affidavit’ … and the signer will be said to be 'subscribing and swearing (or affirming) to’ the contents of the affidavit” (SW).

2. Requirements

   1. Notary Certifications: In executing a jurat on an affidavit or other sworn statement, the Notary certifies:
      (a) that the signer personally appeared before the Notary on the date and in the county indicated;
      (b) that the signer signed the document in the presence of the Notary;
      (c) that the Notary administered the oath or affirmation; and
      (d) to the identity of the signer (NPH; see also “Standards of Practice” > “Identification,” below).

   2. Personal Appearance: “A jurat [may not] be affixed to a document that has been mailed or otherwise delivered to a notary public where the signer did not personally appear before the notary public, even if the notary public knows the signer…. A notary public cannot attach or complete a jurat if the signer of a document does not swear or affirm to the truth of the contents of the document” (NN, 2015).

   3. Identification: “When executing a jurat, 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]).

   4. Ceremony: “When executing a jurat, a notary shall administer an oath or affirmation to the affiant… The affiant shall sign the document in the presence of the notary” (GC 8202[a]).

      1. Oath Form: When a Notary executes a jurat, “[t]here 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” (NPH).

      2. Verify Birthdate or Age: “If a notary public executes a jurat and the statement sworn or subscribed to is contained in a document purporting to identify the affiant, and includes the birth date or age of the person and a purported photograph or finger- or thumbprint of the person so swearing or subscribing, the notary public shall require, as a condition to executing the jurat, that the person verify the birth date or age contained in the statement by showing either:
         “(a) A certified copy of the person’s birth certificate, or
         “(b) An identification card or driver’s license issued by the Department of Motor Vehicles” (GC 8230).

      3. USCIS Forms: For the purposes of preparing for submission forms required by the U.S. Citizenship and Immigration Services, and only for such purposes, a Notary Public may also accept for identification any documents or declarations acceptable to the USCIS (GC 8230).

   5. Witness Signature: The certificate of notarial act for a jurat reads, “Subscribed and sworn to (or affirmed) before me….” (GC 8202[d]) indicating that the Notary must personally witness the principal sign the document.

   6. “Certification” of Disinterested Custodian: Effective January 1, 2025, Chapter 691, Statutes of 2024 (Assembly Bill 2004), a “disinterested custodian of an electronic record may certify that a tangible copy is a complete and accurate reproduction of the electronic record. The certification shall be subscribed and sworn to, or affirmed, by the disinterested custodian before a notary public and accompanied by a jurat attached thereto pursuant to [Gov’t Code] Section 8202” (GC 27201.1.[a][1]).

      1. Use Case: This, essentially, is an affidavit that must be subscribed and sworn to before a Notary Public. The new law provides a certification for the disinterested custodian, which must be supplemented by the jurat notarial certificate form prescribed in Government Code 8202(d). The specific use for the “certification” is in those smaller counties of the state where electronic recording of electronic real property documents is not in force. This provision occurs in the statutes governing county recorders in the Government Code.

      2. Notary Does Not Qualify Disinterested Custodian: The certification that a disinterested custodian must sign and swear to before the Notary states, “I am not a grantee, beneficiary, or otherwise a person who directly benefits from the attached instrument or electronic record” (GC 27201.1[a][1]). The Notary is not required to determine whether the custodian is disinterested.

Copy Certifications

1. Powers of Attorney: “A copy of a power of attorney may be certified by any of the following … (2) A notary public in this state” (Probate Code 4307[b][2]).
   “The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney” (Probate Code 4307[c]).

2. Journal Entries: “It shall further be the duty of a notary public, upon written request … (1) To furnish to the Secretary of State certified copies of the notary’s journal” (Gov’t Code 8205[b][1]).

“The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested” (Gov’t Code 8206[e]).

Confidential Marriages

1. Definition: The policy behind confidential marriage in California was expressed by the court in the case of Encinas v. Lowthian Freight Lines, Inc. (Cal. App. May 10, 1945), 69 Cal. App. 2d 156, 158 P.2d 575, 1945 Cal. App. LEXIS 642: “The obvious public policy behind [previously codified] section 79 of the Civil Code is to shield the parties and their children, if any, from the publicity of a marriage recorded in the ordinary manner, and thereby to encourage unmarried persons who have been living together as man and wife to legalize their relationship. It is promotive of this beneficent legislative purpose to extend the privileges of [previously codified] section 79 to all persons who are capable of contracting marriage without parental consent.”

2. Authority: “The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses pursuant to Chapter 2 (commencing with Section 530) and upon payment by the notary public of the fees specified in Sections 26840.1 and 26840.8 of the Government Code. The parties shall reimburse a notary public who issues a confidential marriage license for the amount of the fees” (FC 503).

3. Approval Process: Sections 530 through 536 of the Family Code regulates the approval process for Notaries who seek to issue confidential marriage licenses.

   1. Application with County Clerk: “A notary public who is interested in obtaining authorization to issue confidential marriage licenses may apply for approval to the county clerk in the county in which the notary public resides. A notary public must not issue a confidential marriage license 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 authorization to issue confidential marriage licenses. The county clerk should be consulted if the notary public is interested in obtaining approval” (NPH; see also FC 530).

   2. One County Only: Authorization to issue confidential marriage licenses only applies in the one county where the Notary resides.

   3. Fee: The fee for an application for approval to authorize confidential marriages is $300 (FC 536[a]).

Protests

1. Definition: A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public during the course and scope of employment with a financial institution or other person authorized to administer oaths by the laws of any other state, government, or country in the place where dishonor occurs” (Uniform Commercial Code (UCC) 3505[b]).

2. Limitation: Effective January 1, 2012, only Notaries employed by a financial institution who perform protests in the course of their employment may perform this notarial act (GC 8205[a][1]).

3. Requirements: “[A protest] may be made upon information satisfactory to that person. The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (UCC 3505[b]).

Homeowner Association Elections

1. 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]).

2. Requirements

   1. 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]).

   2. 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) Ensure compliance with all of the following, if the inspector or inspectors of elections conducts an election by electronic secret ballot pursuant to Section 5105:
      “(A) Each member voting by electronic secret ballot shall be provided with all of the following:
      “(i) A method to authenticate the member’s identity to the internet-based voting system.
      “(ii) A method to transmit an electronic secret ballot to the internet-based voting system that ensures the secrecy and integrity of each ballot.
      “(iii) A method to confirm, at least 30 days before the voting deadline, that the member’s electronic device can successfully communicate with the internet-based voting system.
      “(B) Any internet-based voting system that is utilized shall have the ability to accomplish all of the following:
      “(i) Authenticate the member’s identity.
      “(ii) Authenticate the validity of each electronic secret ballot to ensure that the electronic secret ballot is not altered in transit.
      “(iii) Transmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot.
      “(iv) Permanently separate any authenticating or identifying information from the electronic secret ballot, rendering it impossible to connect an election ballot to a specific member.
      “(v) Store and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes.
      “(5) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
      “(6) Count and tabulate all votes.
      “(7) Determine when the polls shall close, consistent with the governing documents.
      “(8) Determine the tabulated results of the election.
      “(9) 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]).

   3. Impartiality: “An inspector or inspectors of elections shall perform all duties impartially, in good faith, to the best of the inspector or inspectors of elections' 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]).

Deer and Elk Tags

1. 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” (FGC 4341).
   “The following persons are authorized to countersign deer and elk tags: … Notaries Public” (14 CCR 708.6[c][3][C]).

2. 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 this regulation supersedes Fish and Game Code 4755, which states Notaries Public may countersign bear tags.

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Identification

1. Requirement

   1. 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]).

   2. 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]).

   3. 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]).

   4. 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).

2. 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.

3. 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]):

   1. Credible Witness: 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:

      1. The witness personally knows the signer;

      2. The signer is the person named in the document;

      3. The witness does not have a financial interest and is not named in the document;

      4. The signer does not have any of the IDs described in b. and c. below;

      5. 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.

   2. Written Identification Current or Issued in the Past Five Years:

      1. A California driver’s license or non-driver's ID;

      2. A U.S. passport (or passport card);

      3. An inmate identification card issued by the California Department of Corrections and Rehabilitation (if the inmate is in custody in prison); or

      4. 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).

   3. Other Written Identification: 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:

      1. Effective January 1, 2017, a valid consular identification document issued by a consulate from the applicant’s country of citizenship;

      2. A driver’s license or official non-driver's ID issued by a U.S. state;

      3. A Canadian or Mexican driver’s license issued by an appropriate public agency;

      4. A U.S. military ID;

      5. Effective January 1, 2017, a valid foreign passport from the applicant’s country of citizenship;

      6. An employee ID issued by an agency or office of a California city, county, or city and county; or

      7. Effective January 1, 2017, an identification card issued by a federally-recognized tribal government.

4. 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).

5. 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” (NN, 2016).

6. 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).

7. 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).

Foreign Languages

1. Foreign-Language Documents: “A notary public can notarize a signature on a document in a foreign language with which the notary public is not familiar since a notary public’s function only relates to the signature and not 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 the 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” (NPH).

2. Foreign-Language Signers: “When notarizing a signature on a document, a notary public must be able to communicate with the customer in order for the signer to either swear to or affirm the contents of an 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 who speaks the customer’s language” (NPH).

Signature by Mark

1. Definition: “‘Signature’ or ‘subscription’ includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto” (GC 16; see also CC 14 and CCP 17[a]).

2. Procedure: “A person who cannot write his or her name still can acknowledge his or her signature on a document, or subscribe and swear to an affidavit, by making a mark. (California Civil Code section 14.) To perform a notarization with a signature by mark, the notary public still performs the steps required for the appropriate notarial act, such as an acknowledgment or jurat. The notary public must use the appropriate form as well. The notary public must confirm the identity of the person making the mark, by satisfactory evidence. (California Civil Code section 1185.)” (SW).

3. Identification Not Required: “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 should be entered in the notary public’s journal” (NPH).

Incomplete Documents

1. Acknowledgments and Proofs: “A notary public may not accept any acknowledgment or proof of any instrument that is incomplete” (GC 8205[a][2]).

2. All Notarial Acts: While the statutory prohibition applies specifically to acknowledgments and proofs, the California Secretary of State indicates that it applies to all forms of notarization: “A notary public may not notarize a document that 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” (NPH).
   “A notary public must visually scan the document for completeness to ensure there are no blank lines or spaces for data to be entered at some later date…. A notary public must refuse to notarize a signature on a document the notary public can see is incomplete …” (NN, 2015).

Correcting Notarial Act

“There are no provisions in the law that allow for the correction of a completed notarial act. If a notary public discovers an error in a notarial act after completing the act, then the notary public should notarize the signature on the document again. All requirements for notarization are required for the new notarial act, including completing and attaching a new certificate containing the date of the new notarial act and completing a new journal entry” (NPH).

Advertisements

1. Misrepresentation: “The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law” (GC 8214.1[f]).

2. Mandatory Notice for Foreign-Language Ads: “(a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English by signs or other means of written communication, with the exception of a single desk plaque, shall post with that advertisement a notice in English and in the other language which sets forth the following:
   “(1) This statement: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters.
   “(2) The fees set by statute which a notary public may charge.
   “(b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State.
   “(c) Literal translation of the phrase ‘notary public’ into Spanish, hereby defined as ‘notario publico’ or ‘notario,’ is prohibited. For purposes of this subdivision, ‘literal translation’ of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated” (GC 8219.5[a]-[[c]).

3. Immigration Consultants: “A notary public who holds himself or herself out as being an immigration specialist, immigration consultant or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public” (GC 8223[a]).

Disqualifying Interest

1. Personal: “A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public” (GC 8224.1).

2. Direct Financial or Beneficial Interest: “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction.
   “For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public:
   “(a) With respect to a financial transaction, is named, individually, as a principal to the transaction.
   “(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224).

3. Exceptions: “A notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction” (GC 8224).

4. Relatives: “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner” (NPH).

Unauthorized Practice of Law

1. Prohibition: “No person shall practice law in California unless the person is an active member of the State Bar” (Business and Professions Code [BPC] 6125).
   “California notaries public are prohibited from performing any duties that may be construed as the 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 in 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” (NPH).
   “The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (g) The practice of law in violation of Section 6125 of the Business and Professions Code” (GC 8214.1[g]).

2. Translating Terms: Effective October 5, 2013, a non-attorney or immigration consultant is prohibited from translating various terms into another language. While similar provisions had already been in the California Government Code for some time (see, for example, the prohibition cited above in “Foreign-Language Advertising,” prohibiting use of the Spanish term “notario publico”), the effect of this law is to make literal translation of a broader range of English-language terms into any other language (not just Spanish) punishable under BPC 6126(a).

In-Person Electronic Notarization

1. Applicable Law

   1. Uniform Electronic Transactions Act: California has adopted a modified version of the Uniform Electronic Transactions Act (CC 1633.1 through 1633.17), including the following provision recognizing the legal validity of electronic signatures used by Notaries:
      “(a) If law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
      “(b) In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct” (CC 1633.11).

   2. Electronic Recording Delivery Act: Under California’s Electronic Recording Delivery Act of 2004 and amended in 2016, a “digital” electronic document (“record”) that is an instrument to be recorded consistent with Government Code Section 27201(a) may be electronically recorded — and thus these same documents may also be electronically notarized.
      “‘Digital electronic record’ means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form” (GC 27390[b][3]).
      Under the ERDA, “when a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following:
      “(1) The name of the notary.
      “(2) The words ‘Notary Public.’
      “(3) The name of the county where the bond and oath of office of the notary are filed.
      “(4) The sequential identification number assigned to the notary, if any.
      “(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any” (GC 27391[e]).

2. Electronic Seal: A Notary who performs notarial acts on electronic records must obtain an electronic seal from a seal manufacturer or vendor licensed by the Secretary of State to provide electronic seals.

3. Retention of Electronic Records: “If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information with the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference” (CC 1633.12[a]).

4. Electronic Health Care Directives: An advance health care directive or power of attorney for health care may be in electronic form if the principal’s electronic signature is acknowledged before a Notary Public. If a digital signature is used, either it must meet the requirements of GC 16.5 and the California Code of Regulations (CCR), Title 2, Division 7, Chapter 10, Sections 22000 to 22005, or it must employ an algorithm approved by the National Institute of Standards and Technology (Probate Code 4673[b] and [b][1]).
   To meet these requirements, the digital signature must:
   (a) be unique to the person using it;
   (b) be capable of verification;
   (c) be under the sole control of the person using it;
   (d) be linked to data in such a manner that if the data are changed, the signature is invalidated;
   (e) exist with the document and not by association in separate files; and
   (f) be bound to a digital certificate (Probate Code 4673[b][2] through [7]; GC 16.5[a]; 2 CCR 22002[a]).

Remote Notarial Acts

Applicable Law: In 2023, Chapter 291 (Senate Bill 696) enacted permanent online notarization statutes in California under new Article 2 that was added to Chapter 3 of Division 1 of Title 2 of the California Government Code.

Use of Seal and Title

“A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter. A notary public shall not use the title ‘notary public’ except for the purpose of rendering notarial service” (GC 8207).

Failure to Administer Oath or Affirmation

The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: … (k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205” (GC 8214.1[k]).

Advance Health Care Directives

California’s statutory Advance Health Care Directive must either be signed or acknowledged in the presence of a Notary or be signed in the presence of two witnesses. If the signer is a patient in a skilled nursing facility, a patient advocate or ombudsman must sign either as one of the two required witnesses or in addition to the notarization (Probate Code 4675[a] and 4701).

 I-9  Forms

“A notary public may notarize the signature on a document affecting the immigration or citizenship status of any person; however, under current law, a notary public who is not also an immigration consultant cannot do the verification tasks in connection with completing immigration forms because this activity prohibited by the broad language of California Government Code section 8223 … A notary public acting only in the capacity of a notary public may notarize the signature(s) on the USCIS Form I-9 Federal Employment Verification. Unless a notary public also is qualified and bonded as an immigration consultant, a notary public cannot enter data provided by a customer on an immigration form, cannot sign the verification of that data, and cannot otherwise provide the services of an immigration consultant” (NN, 2020).

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Certificate Requirement

General Requirement: “It is not acceptable to affix a notary public seal and signature to a document without the correct notarial wording…. A notary public may not stamp a document with the official seal and then sign, or sign and date the document, without completing and attaching a notarial certificate” (NN 2015).

Acknowledgment Certificate Requirements

1. Documents Filed in California: The certificate wording that California Notaries must use depends on the type of notarial act being performed and, in the case of acknowledgments, on the state in which the document will be filed.

   1. Prescribed Wording: Effective January 1, 1993, Notaries who take an acknowledgment on a document that will be filed within the state of California must use only the prescribed acknowledgment certificate wording (see below). This holds true whether the signer is signing as an individual or in a representative capacity.
      As of January 1, 2006, acknowledgment certificate wording must be verbatim as prescribed in statute. “It is critical that you use the exact wording as prescribed in current law when completing a certificate of acknowledgment…. Failure to do so may subject you to civil penalties in an administrative action brought by the Secretary of State or a public prosecutor in superior court” (NN, 2014).

   2. Boxed Notice: Effective January 1, 2015, “any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (CC 1189[a][1]).
      While the wording for an acknowledgment and its notice must be in exactly the form in statute, “the physical format of the boxed notice at the top of the certificate of acknowledgment … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1)” (CC 1189[a][2]).

2. Evidence of Execution by Entity: As used in the California acknowledgment certificate, this phrase references the following statute: “The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. ‘Duly authorized person,’ with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation” (CC 1190).

3. One Page Only: “The certificate of acknowledgment, including your signature and impression of your official seal, must be completed on one page. The official seal is not to be stamped on a separate page of the document” (NN, 2012).

4. Preprinted or Stapled Only: “The certificate of acknowledgment must be endorsed on or stapled to the instrument. Taping or paper-clipping the certificate of acknowledgment to the document is not permitted” (NN, 2012).

5. English Language Only: “The certificate of acknowledgment must be in the English language only. A certificate of acknowledgment written in a foreign language is not acceptable” (NN, 2012).

6. Documents Filed Out of State: “On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law” (CC 1189[c]).

7. False Certificate: “A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court and shall be enforced as a civil judgment. A public prosecutor shall inform the Secretary of any civil penalty imposed under this section” (CC 1189[a][4]).
   The $10,000 civil penalty applies specifically to acknowledgment certificates, but “execution of any certificate … containing a statement known to the notary public to be false” is listed elsewhere as grounds for the Secretary of State to refuse, suspend or revoke a Notary commission (GC 8214.1[l]).

Jurat Certificate Requirements

1. Prescribed Wording: Notaries who take an affidavit, regardless of where the document will be filed, must use only the prescribed jurat certificate wording (see below). “It is critical that you use the exact wording as prescribed in current law when completing a … jurat. Failure to do so may subject you to civil penalties in an administrative action brought by the Secretary of State or a public prosecutor in superior court” (NN, 2014).

2. Boxed Notice: Effective January 1, 2015, “to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (GC 8202[b]).
   While the wording for a jurat and its notice must be in exactly the form in statute, “the physical format of the boxed notice at the top of the jurat … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b)” (GC 8202[c]).

3. Military-Base Notaries: Jurats executed by Notaries serving on military bases must include the name of the base as well as the state and county in which the notarial act was performed (GC 8203.5).

Proof by Subscribing Witness Certificate Requirements

1. Prescribed Wording: Effective January 1, 2014, Notaries who take a proof of execution by subscribing witness, regardless of where the document will be filed, must use only the prescribed proof-by-subscribing-witness certificate wording (see below).

2. Boxed Notice: Effective January 1, 2015, “any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: ‘A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.’ This notice shall be legible” (CC 1195[c]).
   While the wording for a proof of execution and its notice must be in exactly the form shown in statute, “the physical format of the boxed notice at the top of the certificate for proof of execution … is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c)” (CC 1195[d]).

Copy Certification of Power of Attorney Certificate Requirements

The certificate form for a copy of a power of attorney by a Notary is not contained in the statutes, unlike the forms of acknowledgment, jurat and proof of execution by subscribing witness. Rather, the statute specifies only that “[t]he certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney” (Probate Code 43087[b] and [c]).

Certificate Forms

Acknowledgment (CC 1189[a][3]) Open State of California ) ss. County of __________) On __________ (date) before me, __________ (here insert name and title of the notarizing officer), personally appeared __________, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ (Seal)

Acknowledgment (CC 1189[a][3]) Open State of California ) ss. County of __________) On __________ (date) before me, __________ (here insert name and title of the notarizing officer), personally appeared __________, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ (Seal)