Notary Laws

 

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The State of California has made some changes in notary laws effective January 1, 2008.  Below are some of the changes and how it affects what a notary can do. 

Changes affecting the public:

Jurat and Acknowledgement certificates

Effective January 1, 2008:

The notary must require acceptable identification from the signer even if he or she is personally known by the notary.  Acceptable Identification.

The acknowledgement form has changed.  NEW ACKNOWLEDGEMENT FORM.
The wording "personally known" has been removed.  There is now a Penalty of Perjury clause.

Credible Witness

If a credible witness (CW) is used, the CW must be personally known to the notary AND prove his/her identity with Acceptable Identification.

If two credible witnesses (CWs) are used, they do not have to know the notary, but must prove their identity with Acceptable Identification.

Thumbprints

Deeds, Deed of Trust and Power of Attorney require thumbprints in the notary journal.  PLEASE NOTE: As further safeguard, I will require a thumbprint with every notarized document.

Additional Notary Forms

 

Certified Copies*

There is a great deal of confusion regarding certified copies.  On Page 6 of the California Notary Handbook, it clearly states:

California statute specifies that a notary public may only certify copies of powers of attorney (POA) and copies of his/her notary public journal.  I must have the original POA and make the copy to certify it.

I CANNOT copy certify:

  • Births
  • Fetal deaths
  • Death
  • Marriage

Copies of these documents are all available at the State and/or County Registrar's office.

*Exception to the rule, please check here

IMMIGRATION DOCUMENTS

I am not an immigration specialist and will not notarize any immigration documents.

 

 

Unlawful Practice of Law

California notaries are prohibited from performing any duties which may be construed as the unlawful practice of law.  Among these acts are:
  • Preparation of documents
  • Drafting of documents
  • Determination of the kind of legal document
  • Giving advice regarding any legal document or matter.