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Publication by: CSNP, Inc. |
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 MONTHLY
NEWS LETTER
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From the Desk of:
Debra Bowen,
Secretary of State
Notary News
The California
Secretary of State has sole authority to commission notaries public, approve
notary public education vendors, authorize notary public seal manufacturers,
and discipline notaries public for violating notarial law. New legal
responsibilities have added greater complexity and accountability to the
role of a notary public. This newsletter highlights some of the most crucial
aspects of the job, and may serve as a refresher for both new and
experienced notaries public.
•
A new year brings new laws regarding
identification and witnesses.
Beginning January 1,
2009, a notary public may use an additional form of identification as
satisfactory evidence to prove the identity of the signer. An employee
identification card issued by an agency or office of the State of California
or a city, county, or city/county in this state, has been added to the list
of acceptable forms of identification in Civil Code section 1185. The
identification card
must have been issued within the last five years and contain a photograph,
physical description, and signature of the person, as well as an identifying
number.
Additionally,
Civil Code section 1196 requires the identity of a subscribing witness to be
proven by the oath of a credible witness who is personally known by the
notary public and provides satisfactory evidence as described in Civil Code
section 1185. The following is a suggested Proof of Execution by a
Subscribing Witness form
______________________________________________________________________
State of California
} ss.
County of
___________ }
On ______(date),
before me, the undersigned, a notary public for the state, personally
appeared ________ (subscribing witness’s name), proved to me to be the
person whose name is subscribed to the within instrument, as a witness
thereto, on the oath of ________ (credible witness’s name), a credible
witness who is known to me and provided a satisfactory identifying document.
______________ (subscribing witness’s name) being by me duly sworn, deposed
and said that he/she was present and saw/heard _______ (name(s) of
principal(s)), the same person(s) described in and whose name(s) is/are
subscribed to the
within, or attached,
instrument in his/her/their authorized capacity(ies) as (a) party(ies)
thereto, execute or acknowledge executing the same, and that said affiant
subscribed his/her name to the within instrument as a witness at the request
of _________(name(s) of principal(s)).
WITNESS my hand and
official seal.
Notary Public Signature
______________________________________________________________________
•
Already a law since January 1, 2008,
identifying persons requesting notarial acts must be based on the
presentation of satisfactory evidence; “personal knowledge” alone cannot be
used for a person making an acknowledgment or executing a jurat.
•
Other requirements such as FBI background
checks and increased civil penalties for failure to conduct duties have also
been in effect for the past year.
•
No matter how many commission terms someone
may have held in the past, all notaries public appointed on or after July 1,
2005, are required to satisfactorily complete a six-hour course of study
approved by the Secretary of State prior to appointment.
Notaries public who hold current California
commissions and have completed an approved six-hour education course at
least once are required to satisfactorily complete an approved three-hour
refresher course prior to reappointment. To meet that requirement, one must
apply for reappointment before the current commission expires.
If a notary public applies for reappointment
after the commission expires, he or she must take an approved six-hour
course in order to be reappointed.
The Secretary of
State relies on notaries public to perform their duties with honesty,
credibility, and integrity on behalf of the people of California. Thank you
for your public service and dedication.
Remember to use the
correct Certificate of Acknowledgment and jurat forms, which are available
in a format that can be viewed, filled in, and printed at
www.sos.ca.gov/business/notary/notary.htm.
______________________________________________________________________
(ACKNOWLEDGMENT
FORM)
State of
California
County of
___________
On ____________
before me, (here insert name and title of the 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
______________________________________
Every jurat taken
within this state must be in the following form:
______________________________________________________________________
(JURAT 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
______________________________________
______________________________________________________________________
The Secretary of
State’s office continues to see some notaries public using outdated forms
and not establishing the signers’ identities through satisfactory evidence.
In order to protect yourself as a notary public, it is critical that you use
the exact wording as prescribed in current law when completing a Certificate
of Acknowledgment or jurat. Failure to do so may subject you to civil
penalties in an administrative action brought by the Secretary of State’s
office or a public prosecutor.
Notify the
Secretary of State!
►Government Code
section 8213.5 requires you to notify the Secretary of State of changes in
business or residence addresses. The notification must be made by certified
mail within 30 days of the change.
►If you change
your name, Government Code section 8213.6 requires you to complete a Name
Change form and file that application with the Secretary of State. The forms
are available at
www.sos.ca.gov/business/notary/notary.htm
►If your notary
public stamp or journal is lost, stolen, or unusable, you must notify the
Secretary of State immediately in writing by certified or registered mail.
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