8200-8230
GOVERNMENT CODE
SECTION 8200-8230
8200. The Secretary of State may appoint and commission notaries
public in such number as the Secretary of State deems necessary for
the public convenience. Notaries public may act as such notaries in
any part of this state.
8201. (a) Every person appointed as notary public shall meet all of
the following requirements:
(1) Be at the time of appointment a legal resident of this state,
except as otherwise provided in Section 8203.1.
(2) Be not less than 18 years of age.
(3) For appointments made on or after July 1, 2005, have
satisfactorily completed a six-hour course of study approved by the
Secretary of State pursuant to Section 8201.2 concerning the
functions and duties of a notary public.
(4) Have satisfactorily completed a written examination prescribed
by the Secretary of State to determine the fitness of the person to
exercise the functions and duties of the office of notary public. All
questions shall be based on the law of this state as set forth in
the booklet of the laws of California relating to notaries public
distributed by the Secretary of State.
(b) (1) Commencing July 1, 2005, each applicant for notary public
shall provide satisfactory proof that he or she has completed the
course of study required pursuant to paragraph (3) of subdivision (a)
prior to approval of his or her appointment as a notary public by
the Secretary of State.
(2) Commencing July 1, 2005, an applicant for notary public who
holds a California notary public commission, and who has
satisfactorily completed the six-hour course of study required
pursuant to paragraph (1) at least one time, shall provide
satisfactory proof when applying for reappointment as a notary public
that he or she has satisfactorily completed a three-hour refresher
course of study prior to reappointment as a notary public by the
Secretary of State.
8201.1. (a) Prior to granting an appointment as a notary public,
the Secretary of State shall determine that the applicant possesses
the required honesty, credibility, truthfulness, and integrity to
fulfill the responsibilities of the position. To assist in
determining the identity of the applicant and whether the applicant
has been convicted of a disqualifying crime specified in subdivision
(b) of Section 8214.1, the Secretary of State shall require that
applicants be fingerprinted.
(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.
(e) The Secretary of State shall request from the department
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for each person who submitted information pursuant
to subdivision (a).
(f) The department shall charge a fee sufficient to cover the cost
of processing the requests described in this section.
8201.2. (a) The Secretary of State shall review the course of study
proposed by any vendor to be offered pursuant to paragraph (3) of
subdivision (a) and paragraph (2) of subdivision (b) of Section 8201.
If the course of study includes all material that a person is
expected to know to satisfactorily complete the written examination
required pursuant to paragraph (4) of subdivision (a) of Section
8201, the Secretary of State shall approve the course of study.
(b) (1) The Secretary of State shall, by regulation, prescribe an
application form and adopt a certificate of approval for the notary
public education course of study proposed by a vendor.
(2) The Secretary of State may also provide a notary public
education course of study.
(c) The Secretary of State shall compile a list of all persons
offering an approved course of study pursuant to subdivision (a) and
shall provide the list with every booklet of the laws of California
relating to notaries public distributed by the Secretary of State.
(d) (1) A person who provides notary public education and violates
any of the regulations adopted by the Secretary of State for
approved vendors is subject to a civil penalty not to exceed one
thousand dollars ($1,000) for each violation and shall be required to
pay restitution where appropriate.
(2) The local district attorney, city attorney, or the Attorney
General may bring a civil action to recover the civil penalty
prescribed pursuant to this subdivision. A public prosecutor shall
inform the Secretary of State of any civil penalty imposed under this
section.
8201.5. The Secretary of State shall require an applicant for
appointment and commission as a notary public to complete an
application form and submit a photograph of their person as
prescribed by the Secretary of State. Information on this form filed
by an applicant with the Secretary of State, except for his or her
name and address, is confidential and no individual record shall be
divulged by an official or employee having access to it to any person
other than the applicant, his or her authorized representative, or
an employee or officer of the federal government, the state
government, or a local agency, as defined in subdivision (b) of
Section 6252 of the Government Code, acting in his or her official
capacity. That information shall be used by the Secretary of State
for the sole purpose of carrying out the duties of this chapter.
8202. (a) When executing a jurat, a notary shall administer an oath
or affirmation to the affiant and shall determine, from satisfactory
evidence as described in Section 1185 of the Civil Code, that the
affiant is the person executing the document. The affiant shall sign
the document in the presence of the notary.
(b) To any affidavit subscribed and sworn to before a notary,
there shall be attached a jurat in the following form:
State of California
County of _______________
Subscribed and sworn to (or affirmed) before me on this _____ day
of _______, 20__, by _________________________, proved to me on the
basis of satisfactory evidence to be the person(s) who appeared
before me.
Seal________________________
Signature___________________
8202.5. The Secretary of State may appoint and commission the
number of state, city, county, and public school district employees
as notaries public to act for and on behalf of the governmental
entity for which appointed which the Secretary of State deems proper.
Whenever a notary is appointed and commissioned, a duly authorized
representative of the employing governmental entity shall execute a
certificate that the appointment is made for the purposes of the
employing governmental entity, and whenever the certificate is filed
with any state or county officer, no fees shall be charged by the
officer for the filing or issuance of any document in connection with
the appointment.
The state or any city, county, or school district for which the
notary public is appointed and commissioned pursuant to this section
may pay from any funds available for its support the premiums on any
bond and the cost of any stamps, seals, or other supplies required in
connection with the appointment, commission, or performance of the
duties of the notary public.
Any fees collected or obtained by any notary public whose
documents have been filed without charge and for whom bond premiums
have been paid by the employer of the notary public shall be remitted
by the notary public to the employing agency which shall deposit the
funds to the credit of the fund from which the salary of the notary
public is paid.
8202.7. A private employer, pursuant to an agreement with an
employee who is a notary public, may pay the premiums on any bond and
the cost of any stamps, seals, or other supplies required in
connection with the appointment, commission, or performance of the
duties of such notary public. Such agreement may also provide for the
remission of fees collected by such notary public to the employer,
in which case any fees collected or obtained by such notary public
while such agreement is in effect shall be remitted by such notary
public to the employer which shall deposit such funds to the credit
of the fund from which the compensation of the notary public is paid.
8202.8. Notwithstanding any other provision of law, a private
employer of a notary public who has entered into an agreement with
his or her employee pursuant to Section 8202.7 may limit, during the
employee's ordinary course of employment, the providing of notarial
services by the employee solely to transactions directly associated
with the business purposes of the employer.
8203.1. The Secretary of State may appoint and commission notaries
public for the military and naval reservations of the Army, Navy,
Coast Guard, Air Force, and Marine Corps of the United States,
wherever located in the state; provided, however, that the appointee
shall be a citizen of the United States, not less than 18 years of
age, and must meet the requirements set forth in paragraphs (3) and
(4) of subdivision (a) of Section 8201.
8203.2. Such notaries public shall be appointed only upon the
recommendation of the commanding officer of the reservation in which
they are to act, and they shall be authorized to act only within the
boundaries of this reservation.
8203.3. In addition to the qualifications established in Section
8203.1, appointment will be made only from among those persons who
are federal civil service employees at the reservation in which they
will act as notaries public.
8203.4. The term of office shall be as set forth in Section 8204,
except that the appointment shall terminate if the person shall cease
to be employed as a federal civil service employee at the
reservation for which appointed. The commanding officer of the
reservation shall notify the Secretary of State of termination of
employment at the reservation for which appointed within 30 days of
such termination. A notary public whose appointment terminates
pursuant to this section will have such termination treated as a
resignation.
8203.5. In addition to the name of the State, the jurat shall also
contain the name of the reservation in which the instrument is
executed.
8203.6. No fees shall be collected by such notaries public for
service rendered within the reservation in the capacity of a notary
public.
8204. The term of office of a notary public is for four years
commencing with the date specified in the commission.
8204.1. The Secretary of State may cancel the commission of a
notary public if a check or other remittance accepted as payment for
the examination, application, commission, and fingerprint fee is not
paid upon presentation to the financial institution upon which the
check or other remittance was drawn. Upon receiving written
notification that the item presented for payment has not been honored
for payment, the Secretary of State shall first give a written
notice of the applicability of this section to the notary public or
the person submitting the instrument. Thereafter, if the amount is
not paid by a cashier's check or the equivalent, the Secretary of
State shall give a second written notice of cancellation and the
cancellation shall thereupon be effective. This second notice shall
be given at least 20 days after the first notice, and no more than 90
days after the commencement date of the commission.
8205. (a) It is the duty of a notary public, when requested:
(1) To demand acceptance and payment of foreign and inland bills
of exchange, or promissory notes, to 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.
(2) To take the acknowledgment or proof of advance health care
directives, powers of attorney, mortgages, deeds, grants, transfers,
and other instruments of writing executed by any person, and to give
a certificate of that proof or acknowledgment, endorsed on or
attached to the instrument. The certificate shall be signed by the
notary public in the notary public's own handwriting. A notary public
may not accept any acknowledgment or proof of any instrument that is
incomplete.
(3) To take depositions and affidavits, and administer oaths and
affirmations, in all matters incident to the duties of the office, or
to be used before any court, judge, officer, or board. Any
deposition, affidavit, oath, or affirmation shall be signed by the
notary public in the notary public's own handwriting.
(4) To certify copies of powers of attorney under Section 4307 of
the Probate Code. The certification shall be signed by the notary
public in the notary public's own handwriting.
(b) 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.
(2) To respond within 30 days of receiving written requests sent
by certified mail from the Secretary of State's office for
information relating to official acts performed by the notary.
8206. (a) (1) A notary public shall keep one active sequential
journal at a time, of all official acts performed as a notary public.
The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
journal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to, and apart from, any
copies of notarized documents that may be in the possession of the
notary public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed,
acknowledged, or proved before the notary.
(C) The signature of each person whose signature is being
notarized.
(D) A statement as to whether the identity of a person making an
acknowledgment or taking an oath or affirmation was based on
satisfactory evidence. If identity was established by satisfactory
evidence pursuant to Section 1185 of the Civil Code, the journal
shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of
identifying document, the governmental agency issuing the document,
the serial or identifying number of the document, and the date of
issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or
taking the oath or affirmation was established by the oaths or
affirmations of two credible witnesses whose identities are proven to
the notary public by presentation of any document satisfying the
requirements of paragraph (3) or (4) of subdivision (b) of Section
1185 of the Civil Code, the notary public shall record in the journal
the type of documents identifying the witnesses, the identifying
numbers on the documents identifying the witnesses, and the dates of
issuance or expiration of the documents identifying the witnesses.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed,
deed of trust affecting real property, or a power of attorney
document, the notary public shall require the party signing the
document to place his or her right thumbprint in the journal. If the
right thumbprint is not available, then the notary shall have the
party use his or her left thumb, or any available finger and shall so
indicate in the journal. If the party signing the document is
physically unable to provide a thumbprint or fingerprint, the notary
shall so indicate in the journal and shall also provide an
explanation of that physical condition. This paragraph shall not
apply to a trustee's deed resulting from a decree of foreclosure or a
nonjudicial foreclosure pursuant to Section 2924 of the Civil Code,
nor to a deed of reconveyance.
(b) If a sequential journal of official acts performed by a notary
public is stolen, lost, misplaced, destroyed, damaged, or otherwise
rendered unusable as a record of notarial acts and information, the
notary public shall immediately notify the Secretary of State by
certified or registered mail. The notification shall include the
period of the journal entries, the notary public commission number,
and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the
sequential journal of official acts.
(c) Upon written request of any member of the public, which
request shall include the name of the parties, the type of document,
and the month and year in which notarized, the notary shall supply a
photostatic copy of the line item representing the requested
transaction at a cost of not more than thirty cents ($0.30) per page.
(d) The journal of notarial acts of a notary public is the
exclusive property of that notary public, and shall not be
surrendered to an employer upon termination of employment, whether or
not the employer paid for the journal, or at any other time. The
notary public shall not surrender the journal to any other person,
except the county clerk, pursuant to Section 8209, or immediately, or
if the journal is not present then as soon as possible, upon request
to a peace officer investigating a criminal offense who has
reasonable suspicion to believe the journal contains evidence of a
criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of
the Penal Code, acting in his or her official capacity and within his
or her authority. If the peace officer seizes the notary journal, he
or she must have probable cause as required by the laws of this
state and the United States. A peace officer or law enforcement
agency that seizes a notary journal shall notify the Secretary of
State by facsimile within 24 hours, or as soon as possible
thereafter, of the name of the notary public whose journal has been
seized. The notary public shall obtain a receipt for the journal, and
shall notify the Secretary of State by certified mail within 10 days
that the journal was relinquished to a peace officer. The
notification shall include the period of the journal entries, the
commission number of the notary public, the expiration date of the
commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a
peace officer is returned to the notary public and a new journal has
been obtained, the notary public shall make no new entries in the
returned journal. A notary public who is an employee shall permit
inspection and copying of journal transactions by a duly designated
auditor or agent of the notary public's employer, provided that the
inspection and copying is done in the presence of the notary public
and the transactions are directly associated with the business
purposes of the employer. The notary public, upon the request of the
employer, shall regularly provide copies of all transactions that are
directly associated with the business purposes of the employer, but
shall not be required to provide copies of any transaction that is
unrelated to the employer's business. Confidentiality and safekeeping
of any copies of the journal provided to the employer shall be the
responsibility of that employer.
(e) 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.
(f) Any applicable requirements of, or exceptions to, state and
federal law shall apply to a peace officer engaged in the search or
seizure of a sequential journal.
8206.5. Upon receiving a request for a copy of a transaction
pursuant to subdivision (c) of Section 8206, the notary shall respond
to the request within 15 business days after receipt of the request
and either supply the photostatic copy requested or acknowledge that
no such line item exists. In a disciplinary proceeding for
noncompliance with subdivision (c) of Section 8206 or this section, a
notary may defend his or her delayed action on the basis of
unavoidable, exigent business or personal circumstances.
8207. A notary public shall provide and keep an official seal,
which shall clearly show, when embossed, stamped, impressed or
affixed to a document, the name of the notary, the State Seal, the
words "Notary Public," and the name of the county wherein the bond
and oath of office are filed, and the date the notary public's
commission expires. The seal of every notary public commissioned on
or after January 1, 1992, shall contain the sequential identification
number assigned to the notary and the sequential identification
number assigned to the manufacturer or vendor. The notary public
shall authenticate with the official seal all official acts.
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.
The seal of every notary public shall be affixed by a seal press
or stamp that will print or emboss a seal which legibly reproduces
under photographic methods the required elements of the seal. The
seal may be circular not over two inches in diameter, or may be a
rectangular form of not more than one inch in width by two and
one-half inches in length, with a serrated or milled edged border,
and shall contain the information required by this section.
The seal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
seal shall be cause for the Secretary of State to take administrative
action against the commission held by the notary public pursuant to
Section 8214.1.
The official seal of a notary public is the exclusive property of
that notary public, and shall not be surrendered to an employer upon
the termination of employment, whether or not the employer paid for
the seal, or to any other person. The notary, or his or her
representative, shall destroy or deface the seal upon termination,
resignation, or revocation of the notary's commission.
This section shall become operative on January 1, 1992.
8207.1. The Secretary of State shall assign a sequential
identification number to each notary which shall appear on the notary
commission.
This section shall become operative on January 1, 1992.
8207.2. (a) No notary seal or press stamp shall be manufactured,
duplicated, sold, or offered for sale unless authorized by the
Secretary of State.
(b) The Secretary of State shall develop and implement procedures
and guidelines for the issuance of notary seals on or before January
1, 1992.
(c) The Secretary of State shall issue a permit with a sequential
identification number to each manufacturer or vendor authorized to
issue notary seals. The Secretary of State may establish a fee for
the issuance of the permit which shall not exceed the actual costs of
issuing the permit.
(d) The Secretary of State shall develop a certificate of
authorization to purchase a notary stamp from an authorized vendor.
(e) The certificate of authorization shall be designed to prevent
forgeries and shall contain a sequential identification number.
(f) This section shall become operative on January 1, 1992.
8207.3. (a) The Secretary of State shall issue certificates of
authorization with which a notary public can obtain an official
notary seal.
(b) A vendor or manufacturer is authorized to provide a notary
with an official seal only upon presentation by the notary public of
a certificate of authorization.
(c) A vendor of official seals shall note the receipt of
certificates of authorization and sequential identification numbers
of certificates presented by a notary public upon a certificate of
authorization.
(d) A copy of a certificate of authorization shall be retained by
a vendor and the original, which shall contain a sample impression of
the seal issued to the notary public, shall be submitted to the
Secretary of State for verification and recordkeeping. The Secretary
of State shall develop guidelines for submitting certificates of
authorization by vendors.
(e) Any notary whose official seal is lost, misplaced, destroyed,
broken, damaged, or is rendered otherwise unworkable shall
immediately mail or deliver written notice of that fact to the
Secretary of State. The Secretary of State, within five working days
after receipt of the notice, if requested by a notary, shall issue a
certificate of authorization which a notary may use to obtain a
replacement seal.
(f) This section shall become operative on January 1, 1992.
8207.4. (a) Any person who willfully violates any part of Section
8207.1, 8207.2, 8207.3, or 8207.4 shall be subject to a civil penalty
not to exceed one thousand five hundred dollars ($1,500) for each
violation, which may be recovered in a civil action brought by the
Attorney General or the district attorney or city attorney, or by a
city prosecutor in any city and county.
(b) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
(c) This section shall become operative on January 1, 1992.
8208. The protest of a notary public, under his or her hand and
official seal, of a bill of exchange or promissory note for
nonacceptance or nonpayment, specifying any of the following is prima
facie evidence of the facts recited therein:
(a) The time and place of presentment.
(b) The fact that presentment was made and the manner thereof.
(c) The cause or reason for protesting the bill.
(d) The demand made and the answer given, if any, or the fact that
the drawee or acceptor could not be found.
8209. (a) If any notary public resigns, is disqualified, removed
from office, or allows his or her appointment to expire without
obtaining reappointment within 30 days, all notarial records and
papers shall be delivered within 30 days to the clerk of the county
in which the notary public's current official oath of office is on
file. If the notary public willfully fails or refuses to deliver all
notarial records and papers to the county clerk within 30 days, the
person is guilty of a misdemeanor and shall be personally liable for
damages to any person injured by that action or inaction.
(b) In the case of the death of a notary public, the personal
representative of the deceased shall promptly notify the Secretary of
State of the death of the notary public and shall deliver all
notarial records and papers of the deceased to the clerk of the
county in which the notary public's official oath of office is on
file.
(c) After 10 years from the date of deposit with the county clerk,
if no request for, or reference to such records has been made, they
may be destroyed upon order of court.
8211. Fees charged by a notary public for the following services
shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the certificate,
the sum of ten dollars ($10) for each signature taken.
(b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
(c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
(d) For every protest for the nonpayment of a promissory note or
for the nonpayment or nonacceptance of a bill of exchange, draft, or
check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or
of nonpayment or nonacceptance of a bill of exchange, order, draft,
or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on vote by mail
ballot identification envelopes or other voting materials.
(h) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a
United States military veteran for notarization of an application or
a claim for a pension, allotment, allowance, compensation, insurance,
or any other veteran's benefit.
8212. 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.
8213. (a) No later than 30 days after the beginning of the term
prescribed in the commission, every person appointed a notary public
shall file an official bond and an oath of office in the office of
the county clerk of the county within which the person maintains a
principal place of business as shown in the application submitted to
the Secretary of State, and the commission shall not take effect
unless this is done within the 30-day period. A person appointed to
be a notary public shall take and subscribe the oath of office either
in the office of that county clerk or before another notary public
in that county. If the oath of office is taken and subscribed before
a notary public, the oath and bond may be filed with the county clerk
by certified mail. Upon the filing of the oath and bond, the county
clerk shall immediately transmit to the Secretary of State a
certificate setting forth the fact of the filing and containing a
copy of the official oath, personally signed by the notary public in
the form set forth in the commission and shall immediately deliver
the bond to the county recorder for recording. The county clerk shall
retain the oath of office for one year following the expiration of
the term of the commission for which the oath was taken, after which
the oath may be destroyed or otherwise disposed of. The copy of the
oath, personally signed by the notary public, on file with the
Secretary of State may at any time be read in evidence with like
effect as the original oath, without further proof.
(b) If a notary public transfers the principal place of business
from one county to another, the notary public may file a new oath of
office and bond, or a duplicate of the original bond with the county
clerk to which the principal place of business was transferred. If
the notary public elects to make a new filing, the notary public
shall, within 30 days of the filing, obtain an official seal which
shall include the name of the county to which the notary public has
transferred. In a case where the notary public elects to make a new
filing, the same filing and recording fees are applicable as in the
case of the original filing and recording of the bond.
(c) If a notary public submits an application for a name change to
the Secretary of State, the notary public shall, within 30 days from
the date an amended commission is issued, file a new oath of office
and an amendment to the bond with the county clerk in which the
principal place of business is located. The amended commission with
the name change shall not take effect unless the filing is completed
within the 30-day period. The amended commission with the name change
takes effect the date the oath and amendment to the bond is filed
with the county clerk. If the principal place of business address was
changed in the application for name change, either a new or
duplicate of the original bond shall be filed with the county clerk
with the amendment to the bond. The notary public shall, within 30
days of the filing, obtain an official seal that includes the name of
the notary public and the name of the county to which the notary
public has transferred, if applicable.
(d) The recording fee specified in Section 27361 of the Government
Code shall be paid by the person appointed a notary public. The fee
may be paid to the county clerk who shall transmit it to the county
recorder.
(e) The county recorder shall record the bond and shall thereafter
mail, unless specified to the contrary, it to the person named in
the instrument and, if no person is named, to the party leaving it
for recording.
8213.5. A notary public shall notify the Secretary of State by
certified mail within 30 days as to any change in the location or
address of the principal place of business or residence. A notary
public shall not use a commercial mail receiving agency or post
office box as his or her principal place of business or residence,
unless the notary public also provides the Secretary of State with a
physical street address as the principal place of residence. Willful
failure to notify the Secretary of State of a change of address shall
be punishable as an infraction by a fine of not more than five
hundred dollars ($500).
8213.6. If a notary public changes his or her name, the notary
public shall complete an application for name change form and file
that application with the Secretary of State. Information on this
form shall be subject to the confidentiality provisions described in
Section 8201.5. Upon approval of the name change form, the Secretary
of State shall issue a commission that reflects the new name of the
notary public. The term of the commission and commission number shall
remain the same. Willful failure to notify the Secretary of State of
a name change shall be punishable as an infraction by a fine of not
more than five hundred dollars ($500).
8214. For the official misconduct or neglect of a notary public,
the notary public and the sureties on the notary public's official
bond are liable in a civil action to the persons injured thereby for
all the damages sustained.
8214.1. 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:
(a) Substantial and material misstatement or omission in the
application submitted to the Secretary of State to become a notary
public.
(b) Conviction of a felony, a lesser offense involving moral
turpitude, or a lesser offense of a nature incompatible with the
duties of a notary public. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this
subdivision.
(c) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct based on dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary
public.
(d) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
(e) When adjudicated liable for damages in any suit grounded in
fraud, misrepresentation, or for a violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties as a notary public.
(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.
(g) The practice of law in violation of Section 6125 of the
Business and Professions Code.
(h) Charging more than the fees prescribed by this chapter.
(i) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or
another, or substantially injure another.
(j) Failure to complete the acknowledgment at the time the notary'
s signature and seal are affixed to the document.
(k) Failure to administer the oath or affirmation as required by
paragraph (3) of subdivision (a) of Section 8205.
(l) Execution of any certificate as a notary public containing a
statement known to the notary public to be false.
(m) Violation of Section 8223.
(n) Failure to submit any remittance payable upon demand by the
Secretary of State under this chapter or failure to satisfy any
court-ordered money judgment, including restitution.
(o) Failure to secure the sequential journal of official acts,
pursuant to Section 8206, or the official seal, pursuant to Section
8207, or willful failure to report the theft or loss of the
sequential journal, pursuant to subdivision (b) of Section 8206.
(p) Violation of Section 8219.5.
(q) Commission of an act in violation of Section 6203, 8214.2,
8225, or 8227.3 of the Government Code or of Section 115, 470, 487,
or 530.5 of the Penal Code.
(r) Willful failure to provide access to the sequential journal of
official acts upon request by a peace officer.
8214.15. (a) In addition to any commissioning or disciplinary
sanction, a violation of subdivision (f), (i), (l), (m), or (p) of
Section 8214.1 is punishable by a civil penalty not to exceed one
thousand five hundred dollars ($1,500).
(b) In addition to any commissioning or disciplinary sanction, a
violation of subdivision (h), (j), or (k) of Section 8214.1, or a
negligent violation of subdivision (d) of Section 8214.1 is
punishable by a civil penalty not to exceed seven hundred fifty
dollars ($750).
(c) The civil penalty may be imposed by the Secretary of State if
a hearing is not requested pursuant to Section 8214.3. If a hearing
is requested, the hearing officer shall make the determination.
(d) Any civil penalties collected pursuant to this section shall
be transferred to the General Fund. It is the intent of the
Legislature that to the extent General Fund moneys are raised by
penalties collected pursuant to this section, that money shall be
made available to the Secretary of State's office to defray its costs
of investigating and pursuing commissioning and monetary remedies
for violations of the notary public law.
8214.2. (a) A notary public who knowingly and willfully with intent
to defraud performs any notarial act in relation to a deed of trust
on real property consisting of a single-family residence containing
not more than four dwelling units, with knowledge that the deed of
trust contains any false statements or is forged, in whole or in
part, is guilty of a felony.
(b) The penalty provided by this section is not an exclusive
remedy and does not affect any other relief or remedy provided by
law.
8214.21. A notary public who willfully fails to provide access to
the sequential journal of notarial acts when requested by a peace
officer shall be subject to a civil penalty not exceeding two
thousand five hundred dollars ($2,500). 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.
8214.23. (a) A notary public who fails to obtain a thumbprint, as
required by Section 8206, from a party signing a document shall be
subject to a civil penalty not exceeding two thousand five hundred
dollars ($2,500). 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.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
8214.3. Prior to a revocation or suspension pursuant to this
chapter or after a denial of a commission, or prior to the imposition
of a civil penalty, the person affected shall have a right to a
hearing on the matter and the proceeding shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3, except that a person shall not have a right to a
hearing after a denial of an application for a notary public
commission in either of the following cases:
(a) The Secretary of State has, within one year previous to the
application, and after proceedings conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3,
denied or revoked the applicant's application or commission.
(b) The Secretary of State has entered an order pursuant to
Section 8214.4 finding that the applicant has committed or omitted
acts constituting grounds for suspension or revocation of a notary
public's commission.
8214.4. Notwithstanding this chapter or Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3, if the Secretary of State
determines, after proceedings conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3, that any
notary public has committed or omitted acts constituting grounds for
suspension or revocation of a notary public's commission, the
resignation or expiration of the notary public's commission shall not
bar the Secretary of State from instituting or continuing an
investigation or instituting disciplinary proceedings. Upon
completion of the disciplinary proceedings, the Secretary of State
shall enter an order finding the facts and stating the conclusion
that the facts would or would not have constituted grounds for
suspension or revocation of the commission if the commission had
still been in effect.
8214.5. Whenever the Secretary of State revokes the commission of
any notary public, the Secretary of State shall file with the county
clerk of the county in which the notary public's principal place of
business is located a copy of the revocation. The county clerk shall
note such revocation and its date upon the original record of such
certificate.
8214.8. Upon conviction of any offense in this chapter, or of
Section 6203, or of any felony, of a person commissioned as a notary
public, in addition to any other penalty, the court shall revoke the
commission of the notary public, and shall require the notary public
to surrender to the court the seal of the notary public. The court
shall forward the seal, together with a certified copy of the
judgment of conviction, to the Secretary of State.
8216. When a surety of a notary desires to be released from
responsibility on account of future acts, the release shall be
pursuant to Article 11 (commencing with Section 996.110), and not by
cancellation or withdrawal pursuant to Article 13 (commencing with
Section 996.310), of Chapter 2 of Title 14 of Part 2 of the Code of
Civil Procedure. For this purpose the surety shall make application
to the superior court of the county in which the notary public's
principal place of business is located and the copy of the
application and notice of hearing shall be served on the Secretary of
State as the beneficiary.
8219.5. (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.
(d) The Secretary of State shall suspend for a period of not less
than one year or revoke the commission of any notary public who fails
to comply with subdivision (a) or (c). However, on the second
offense the commission of such notary public shall be revoked
permanently.
8220. The Secretary of State may adopt rules and regulations to
carry out the provisions of this chapter.
The regulations shall be adopted in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3).
8221. (a) If any person shall knowingly destroy, deface, or conceal
any records or papers belonging to the office of a notary public,
such person shall be guilty of a misdemeanor and be liable in a civil
action for damages to any person injured as a result of such
destruction, defacing, or concealment.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy and does not affect any other relief or remedy provided by
law.
8222. (a) Whenever it appears to the Secretary of State that any
person has engaged or is about to engage in any acts or practices
which constitute or will constitute a violation of any provision of
this chapter or any rule or regulation prescribed under the authority
thereof, the Secretary of State may apply for an injunction, and
upon a proper showing, any court of competent jurisdiction has power
to issue a permanent or temporary injunction or restraining order to
enforce the provisions of this chapter, and any party to the action
has the right to prosecute an appeal from the order or judgment of
the court.
(b) The court may order a person subject to an injunction or
restraining order provided for in this section to reimburse the
Secretary of State for expenses incurred in the investigation related
to the petition. The Secretary of State shall refund any amount
received as reimbursement should the injunction or restraining order
be dissolved by an appellate court.
8223. (a) No 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 advertise in any manner whatsoever that he or she is a notary
public.
(b) A notary public qualified and bonded as an immigration
consultant under Chapter 19.5 (commencing with Section 22440) of
Division 8 of the Business and Professions Code may enter data,
provided by the client, on immigration forms provided by a federal or
state agency. The fee for this service shall not exceed ten dollars
($10) per individual for each set of forms. If notary services are
performed in relation to the set of immigration forms, additional
fees may be collected pursuant to Section 8211. This fee limitation
shall not apply to an attorney, who is also a notary public, who is
rendering professional services regarding immigration matters.
(c) Nothing in this section shall be construed to exempt a notary
public who enters data on an immigration form at the direction of a
client, or otherwise performs the services of an immigration
consultant, as defined by Section 22441 of the Business and
Professions Code, from the requirements of Chapter 19.5 (commencing
with Section 22440) of Division 8 of the Business and Professions
Code. A notary public who is not qualified and bonded as an
immigration consultant under Chapter 19.5 (commencing with Section
22440) of Division 8 of the Business and Professions Code may not
enter data provided by a client on immigration forms nor otherwise
perform the services of an immigration consultant.
8224. 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.
For purposes of this section, 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.
8224.1. 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.
8225. (a) Any person who solicits, coerces, or in any manner
influences a notary public to perform an improper notarial act
knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a
misdemeanor.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
8227.1. It shall be a misdemeanor for any person who is not a duly
commissioned, qualified, and acting notary public for the State of
California to do any of the following:
(a) Represent or hold himself or herself out to the public or to
any person as being entitled to act as a notary public.
(b) Assume, use or advertise the title of notary public in such a
manner as to convey the impression that the person is a notary
public.
(c) Purport to act as a notary public.
8227.3. Any person who is not a duly commissioned, qualified, and
acting notary public who does any of the acts prohibited by Section
8227.1 in relation to any document or instrument affecting title to,
placing an encumbrance on, or placing an interest secured by a
mortgage or deed of trust on, real property consisting of a
single-family residence containing not more than four dwelling units,
is guilty of a felony.
8228. The Secretary of State or a peace officer, as defined in
Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing
reasonable suspicion and acting in his or her official capacity and
within his or her authority, may enforce the provisions of this
chapter through the examination of a notary public's books, records,
letters, contracts, and other pertinent documents relating to the
official acts of the notary public.
8228.1. (a) Any notary public who willfully fails to perform any
duty required of a notary public under Section 8206, or who willfully
fails to keep the seal of the notary public under the direct and
exclusive control of the notary public, or who surrenders the seal of
the notary public to any person not otherwise authorized by law to
possess the seal of the notary, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
8230. 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 birthdate 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
birthdate 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.
For the purposes of preparing for submission of forms required by
the United States Immigration and Naturalization Service, and only
for such purposes, a notary public may also accept for identification
any documents or declarations acceptable to the United States
Immigration and Naturalization Service.