Notary News 2017

California notaries public perform valuable services

for the legal, business, nancial, and real estate

communities. The California Secretary of State relies

on notaries public to perform their duties with honesty

and integrity on behalf of the people of California.

Thank you for your continued dedication and public

service.

New Laws

What is your “Ofcial”

Signature as Notary Public

January 2017

Inside This Issue:

Protect Yourself: Journaling

All Notarial Acts

How Safe are Your Notary

Public Journal and Stamp?

Background Checks

Immigration Documents

Notario Publico

Reference Information

2017 Handbook

Processing Times

NOTARY

NEWS

NEW LAWS

Three new notary public laws took effect January 1, 2017.

Acceptable Identication:

Civil Code section 1185 was amended to change the types of acceptable identication used for proof of identity

by adding a valid passport from the person’s country of citizenship, a valid consular identication document

issued by a consulate from the person’s country of citizenship and an identication card issued by a federally

recognized tribal government to the list of acceptable documents if the identication is current or has been issued

within the last 5 years, contains a photograph and description of the person named on it, is signed by the person,

and bears a serial or other identifying number.

Government Code sections 6107, 8205, 8206, 8213, and 8213.5 were amended to require a person taking and

subscribing the notary public’s oath of ofce before a county clerk to present one of the following forms of

identication:

• An identication card or driver’s license issued by the Department of Motor

Vehicles;

• A passport issued by the Department of State of the United States;

• A valid consular identication document issued by a consulate from the

applicant’s country of citizenship, or a valid passport from the applicant’s

country of citizenship; or

• An employee identication card issued by an agency or ofce of the State of

California, or by an agency or ofce of a city, county, or city and county in

this state.

Methods of Delivery of Notication:

The new law changes also expand the methods of delivering formal notices and communications to include

any means of physical delivery that provides a receipt for ofcial notices and requests for information from the

Secretary of State to a notary public and communication and notices (e.g. changes of address) from a notary

public to the Secretary of State

Maximum Fees:

Government Code sections 8211 and 8223 were amended

to increase the maximum fees which may be

charged for certain notarial acts. The new maximum fees are as follows:

Notary News 2017

WHAT IS YOUR “OFFICIAL”

SIGNATURE AS A NOTARY PUBLIC

Once a notary public commission has been issued, a person appointed a notary public has 30 calendar days from

the beginning of the term prescribed in the commission to take, subscribe, and le an oath of ofce and le a

$15,000 surety bond with the county clerk of the county within which the person maintains a principal place of

business. California Government Code 8213 does not provide for any extension of this 30-day period.

The signature and how it appears on the notary public oath led with the county clerk’s ofce is the ofcial

signature of the notary public. The oath states below the signature that “This signature must be used by you in

signing ALL notarized documents.” Each and every time you sign your name in your capacity as a notary public

you must use your ofcial signature.

The signature of the notary public cannot be changed unless the notary public has a legal name change or if the

notary public moves to another county and a new oath and bond have been led with the new county.

If a notary public changes his or her name, then the notary public must complete and send a Name Change

Application to the Secretary of State. Once approved, an amended commission will be issued reecting the

notary public’s new name. Within 30 days from the date the amended commission was issued, the notary public

must le a new oath of ofce and an amended bond with the county clerk of the county in which the principal

place of business is located.

The Secretary of State sends admonishment letters to notaries public who do not use their ofcial signature on

notarial acts. Best business practice: Do not alter your signature when signing in your ofcial capacity as notary

public and sign your name the same way every time you perform a notarial act.

California Secretary of State

PROTECT YOURSELF:

JOURNALING ALL NOTARIAL ACTS

Your notary public journal is your notary public life

history. Keeping a detailed journal protects you, the

notary public. By law, as a notary public you are

required to chronicle your notarial events each and

every time. Any member of the public may submit

a written request to you for a copy of a transaction

in your notary public journal and you are required to

respond within 15 business days after the receipt of

the request. (California Government Code sections

8206(c) and 8206.5.) A notary public must keep only

one active sequential journal at a time that contains all

notarial acts. (California Government Code section

8206(a)(1).)

Most notarial acts relate to another person signing

or certifying a document, but not all. When a notary

public performs a notarial act in his or her ofcial

capacity, the act must be included in the notary

public’s ofcial journal.

The Basics: Date, Time and Type of Each Ofcial

Act

Each notarial act must be a separate journal entry, and

each notarial act must include the date, the time, and

the type of ofcial act. Do not confuse the type of act

with the type of document. These are not the same.

The type of act is the form the notary public uses, such

as a certicate of acknowledgment or jurat.

Be Compliant. Be Specic: Capture

the Character of Each Instrument

The character of a document refers to the type of

document such as a deed of trust, afdavit, deed of

reconveyance, or power of attorney. The type of

document determines whether or not a thumb print

must be taken. Using terms such as “loan docs” or

“mortgage docs” are too general and do not meet the

specicity requirements of California Government

Code section 8206(a)(2)(B).

Sign Here Please: Signatures for Each

Line Item in the Journal

Not only must a notary public have a separate

journal entry for each type of notarization, a specic

description of the document, and the time and date

of the ofcial act, California Government Code

section 8206(a)(2)(C) requires the signature for each

line item. Capturing a single signature on a diagonal

line drawn through several line items in an attempt

to show one person signed for multiple documents is

contrary to notary public law.

A notary public may be asked to produce a single line

item from his or her journal. If there is only a diagonal

line drawn through multiple entries with a single

signature, the copy of the line item will have a partial

signature and will be incomplete and legally decient.

Protect yourself and protect your commission: capture

a signature on every line item, every time.

Identication: Ask for it; Review it; Record it.

Documenting how the signer’s identication was

established is critical to completing a journal entry

properly. Always require the signer to appear

physically in person before you with proper

identication.

Notary News 2017

You must rely upon “satisfactory evidence” to

establish the signer’s identity as dened in California

Civil Code section 1185. The identication document

must include the governmental agency issuing the

identication, the serial number or other identifying

number of the identication document, a photograph

and description of the person named on it, and the

date of issuance or expiration of the identication

document. It is imperative that the notary public

veries that the required elements are present.

When recording the identifying document in your

journal, you must enter the type of identifying

document (i.e. passport, driver’s license), the

government agency issuing the identifying document

(i.e. CA DMV), the serial number or identifying

number of the document, and the date of issuance or

expiration of the document.

You Charge How Much? Record it.

Always record the fee charged for each notarial act

performed. If you do not charge a fee or did not charge

a fee, indicate this fact by documenting “0” for fees or

write “no fee.” The fee entered never should exceed

the fee allowed by California Government Code

section 8211. Other fees, such as travel fees and/

or loan signing fees should not be included as fees

charged for the notarial service. You may note other

fees charged in the additional information portion of

your journal.

Thumbprint: Roll It; Print It; Document It.

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, you must

request the person signing the document to place

his or her right thumbprint in the journal. If the

right thumb is not available, the signing party must

use his or her left thumb, or any available nger,

and you must indicate which nger was used in the

journal. If the signer is physically unable to provide

a ngerprint, you must provide an explanation of the

signer’s physical condition in your journal. The print

must be legible and clearly visible.

The Bottom Line

It’s your journal. It’s your responsibility. Don’t put

yourself and your livelihood at risk by not accurately

documenting all of your notarial acts. Remember:

be thorough, be detailed, and don’t take shortcuts.

Always be sure to capture the information before

performing the notarial act. By developing good

journaling habits, you preserve your notary public

life history!

California Secretary of State

No person except the notary public can have access

to the notary public’s journal. This includes an

employer who has paid for the notary public’s journal.

California Government Code sections 8206(a)(1) and

8207 require that the journal and stamp must be stored

in a locked and secure area that is under the direct and

exclusive control of the notary public.

Secretary of State Investigators have found that one

of the most common causes of theft of a notary public

journal or stamp occurs because the notary public

locked the journal and/or stamp in an unattended

vehicle. Statistically, an unattended automobile

is ten times more susceptible to a break in than an

unattended home. An unattended vehicle should

not be considered a secure location to store your

notary public journal and/or stamp. Failure to secure

your journal and stamp may result in suspension or

revocation of your commission and may include civil

and criminal penalties.

f your notary public journal and/or stamp is lost or

stolen, immediately notify the California Secretary of

State in writing by any physical means that provides

a receipt. Include a copy of the police report, if

applicable. Keeping your notary public journal and

stamp in a secure location at all times helps safeguard

your commission.

HOW SAFE ARE YOUR NOTARY

PUBLIC JOURNAL AND STAMP?

Since 1967, the California Secretary of State has had

the responsibility of appointing notaries public for the

state of California. The people of California and the

Secretary of State rely on notaries public to perform

their duties with honesty and integrity.

The Secretary of State is required to determine

that a notary public possesses the required honesty,

credibility, truthfulness, and integrity to fulll the

responsibilities of the position prior to granting an

appointment. One of the ways the Secretary of State

determines if an applicant meets the qualications is

by conducting background checks on every individual

applicant.

Prior to granting commissions as notaries public, state

law requires all applicants to complete a background

check, including those applicants applying for a

notary public commission for the rst time and

notaries public seeking reappointment. One set

of ngerprints must be submitted to the California

Department of Justice (DOJ). Applicants must have

their ngerprints taken within one year of the exam

date. Fingerprints taken for any purpose other than

appointment as a notary public cannot be used for

this requirement. If ngerprints are not taken within

one year of the notary public examination date the

applicant will be required to retake the exam.

BACKGROUND CHECKS: WHY ARE

THEY NECESSARY?

Notary News 2017

All applicants must disclose on their application

any arrests for which trial is pending, as well as,

all convictions. An applicant should not attempt to

determine which convictions should be disclosed,

and should include all convictions, including

DUIs (Driving under the Inuence). Failure to

disclose any conviction may result in the Secretary

of State seeking a denial of the application under

Government Code section 8214.1(a). Convictions

dismissed under Penal Code section 1203.4 or

1203.4a also must be disclosed. A conviction after a

plea of nolo contendere is deemed to be a conviction

and must be disclosed on the application.

The only exceptions to disclosure are trafc

infractions, offenses adjudicated in a juvenile court

or under a youthful offender law, and any incident

that has been sealed under Welfare and Institutions

Code section 781 or penal Code section 1203.45

(juvenile offenses).

Not all convictions are disqualifying. The

qualifications summary on our website at

www.sos.ca.gov/notary/qualifications and the

disciplinary guidelines at www.sos.ca.gov/notary/

disciplinary-guidelines are helpful references for all

notary public applicants.

Government, businesses, and the public depend on

the integrity of notaries public. Character is germane

to the qualications of the ofce of a notary public,

given the nature of the duties and responsibilities.

Good character is the foundation of all notarial acts.

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 verication tasks in

connection with completing immigration forms

because this activity is prohibited by the broad

language of California Government Code section

8223. Only an attorney, a representative accredited

by the U.S. Department of Justice, or a person who

is registered by the California Secretary of State

and bonded as an immigration consultant under the

California Business and Professions Code section

22441 may assist a client in completing immigration

forms. Additional information concerning

immigration consultants, including the offering

of non-legal assistance or advice on immigration

matters, the qualications to act as an immigration

consultant and the requirements of an immigration

consultant can be found in California Business and

Professions Code section 22440 et seq.

The I-9 Federal Employment Verication Form is an

immigration document in that it covers both citizens

and noncitizens and also requires the employer or

employer’s authorized representative to record and

verify data. The duties of an immigration consultant

cover these tasks too. Even if a notary public is

functioning in a non-notarial capacity and does not

use the phrase “notary public,” a notary public who is

not also an immigration consultant is prohibited from

completing the I-9 Federal Employment Verication

Form.

A notary public acting only in the capacity of a notary

public may notarize the signature(s) on the I-9 Federal

Employment Verication Form. Unless a notary

public also is qualied and bonded as an immigration

consultant, a notary public cannot enter data provided

by a customer on an immigration form, cannot sign

the verication of that data, and cannot otherwise

provide the services of an immigration consultant.

There are special rules that apply to notaries public

IMMIGRATION DOCUMENTS

California Secretary of State

who are also immigration consultants, and those

who advertise their services in a language other than

English. A notary public is barred from advertising

in any manner whatsoever that he or she is a notary

public if the notary public also promotes himself or

herself as an immigration specialist or consultant.

(California Government Code section 8223.)

Notaries public cannot post any sign, distribute any

advertisement or use the words “notario publico” or

“notario.” Notaries public who advertise expertise in

immigration matters also cannot advertise notary public

services. A California notary public’s commission can

be suspended or revoked for such actions. Notaries

public who post signs or distribute advertisements that

do not comply with law should remove the signs or

advertisements immediately. (California Government

Code sections 8219.5(c) and 8223(a).) A rst offense

for a violation of this law is grounds for the suspension

of the notary public’s commission for not less than one

year, or revocation of a notary public’s commission. A

second offense is grounds for the permanent revocation

of a notary public’s commission.

NOTARIO PUBLICO

The California Secretary of State offers a Sample Workbook with all

the information a person is expected to know

to pass the written notary public examination, including references to applicable laws. The Sample Workbook can

be used later as a reference tool for all notarial acts and procedures.

The 2017 Notary

Public Handbook soon will be available online and in hard copy at no charge. Request a copy of

the 2017 Notary Public Handbook by sending a self-addressed envelope (at least 6” by 9” in size) to the California

Secretary of State, Notary Public & Special Filings Section, P.O. Box 942877, Sacramento, CA 94277-0001.

REFERENCE INFORMATION

2017 HANDBOOK

Check the Secretary of State website

for regularly updated processing times for notary public applications and

authentication requests.

PROCESSING TIMES

Notary News 2017

Ofcial Publication of the Notary Public & Special Filings Section

of the California Secretary of State’s Business Programs Division

Notary News is designed to advise California’s notaries public of changes in the law, current

state policies and procedures, and other information of interest.

Secretary of State

Notary Public & Special Filings Section

1500 11th Street, 2nd Floor

Sacramento, CA 95814

Phone: (916)653-3595

Mailing Address

P.O. Box 942877

Sacramento, CA 94277-0001

Email Address

[email protected]

Web Address

www.sos.ca.gov/notary

Voter Hotline: (800) 345-VOTE (8683)

Registertovote.ca.gov

California Secretary of State