The primary job duty of a notary is to help prevent fraud. This is accomplished by witnessing the signing of documents and verifying their authenticity. Notaries public must also keep documentation of all that they’ve notarized in a journal.
While that sounds simple, the duties of a notary public require extensive knowledge and training to ensure that document signers don’t run afoul of the law or expose themselves to unexpected liability.
Here is an overview of the duties of a notary public and the reasons why it’s important to work with a notary who is experienced with a wide range of notarization.
Duties and Responsibilities of Notary in California
You can use this table of contents to skip to any section.
The process for becoming a notary and maintaining notary certification in California
The specific process and requirements for notarizing different types of documents
The different types of notary seals or stamps in California and their specific uses
Consequences for notaries who fail to follow state laws or exercise proper subjective judgment
Staying current with California notary laws and regulations
How to know if a Notary Public is authorized and in good standing
How technology and digital documents have impacted the role of notaries in modern society
The process for becoming a notary and maintaining notary certification in California
In California, the process for becoming a notary public involves the following steps:
✔️ Meet the eligibility requirements. Notaries must be at least 18 years of age, be a legal resident of California, and pass a background check.
✔️ Complete a six-hour notary education course approved by the California Secretary of State.
✔️ Pass the California Notary Public Examination, which is a two-part test covering California notary laws and procedures, as well as notary best practices.
✔️ Submit an application and pay the required fees to the California Secretary of State’s office.
✔️ Once the application is approved, the notary will receive a commission and will be able to purchase a notary seal and journal.
To maintain notary certification in California, a notary must renew their commission every four years by completing a three-hour notary education course, passing a background check, and paying the required fees to the California Secretary of State’s office. Notaries are also required to maintain a journal of their notarial acts and to comply with all state laws and regulations related to notary practice.
The specific process and requirements for notarizing different types of documents
In carrying out his or her duties, a notary must follow what is dictated in state law. They must also exercise subjective judgment on matters regarding the state of mind of the signer, the signer’s comprehension of the transaction, and whether fraud or coercion are present. A journal is kept by the notary and every transaction is entered in the journal following the guidelines by the Secretary of State.
Some document transactions require that the signer make a formal declaration before a notary, thereby “acknowledging” execution (signing) of the document. In acknowledging before the notary , the signer is stating that:
- The signer understands the contents and purpose of the document;
- The signature is his/her own
- The document was signed willingly with no coercion present
Some of the types of documents that typically require an acknowledgment are contracts, deeds, agreements, powers of attorney, etc. Documents requiring acknowledgment can be signed earlier than or at the time of notarization. Regardless the signature must clearly be an original one, written clearly and signed with an ink pen.
There may be additional requirements to successfully notarize specific types of transactions.
For example, notarizing a deed may require the signer to provide proof of identification and proof of ownership of the property in question.
Notarizing a power of attorney document typically requires the signer to provide proof of identity and a statement that they understand the authority they are granting to the person they are naming as their attorney-in-fact.
Additionally, some states require that certain documents be notarized in the presence of specific witnesses or be accompanied by additional documentation.
Completing the Notarization
The facts of a notarial act are conveyed by completing an official statement called the “notarial certificate.” This is a very important part of the notary’s job.
The notary must ensure that the notarial certificate is always signed, and often sealed by the notary. The notarial certificate can be located in different parts of a document, however it often appears at the end of a document or can be attached to the document as a separate sheet.
The most familiar notarial certificate language reads like these:
“Acknowledged before me by (Signer’s Name) this (date) day of (month), (year)” or
“Sworn/affirmed and subscribed (signed) before me this (date) day of (month), (year).”
The notarial transaction cannot have errors and the seal and writing must be legible, or some entities will require the notary to be completely redone.
The different types of notary seals or stamps in California and their specific uses
In California, notaries are required to have an official seal or stamp that must be used to authenticate notarized documents. There are two types of notary seals or stamps that can be used in California: the traditional embosser and the ink stamp.
The traditional embosser is a metal stamp that is pressed onto the document to create a raised seal on the document itself. The embosser typically includes the notary’s name, commission number, and the words “Notary Public – State of California.”
An ink stamp is an alternative to the traditional embosser and it is a rubber stamp that is used to apply ink to the document. The ink stamp includes the notary’s name, commission number, the words “Notary Public – State of California.” and the expiration date of the notary’s commission. The ink stamp should be used to create an impression on the document itself or on a sticky notary certificate that is attached to the document.
Both traditional embosser and ink stamp must be always kept in the possession of the notary public and should be used only to authenticate notarized documents. Notaries are also required to keep a record of all notarized documents in a journal, which is an important tool for maintaining the integrity of the notary process.
Consequences for notaries who fail to follow state laws or exercise proper subjective judgment
The California Secretary of State’s office is responsible for enforcing the laws and regulations related to notaries public. Consequences for notaries who fail to follow state laws or exercise subjective judgment appropriately can include disciplinary action, fines, and/or revocation of their commission.
The California Secretary of State’s office may investigate complaints and take disciplinary action against notaries who fail to comply with these requirements.
The specific penalties for violations of state laws or regulations may vary depending on the nature and severity of the violation.
For example, a notary who falsely notarizes a document may face a fine of up to $1,000 and/or revocation of their commission. A notary who fails to maintain proper records may face a fine of up to $500. Repeat offenders may face harsher penalties.
In addition, if a notary is found to have committed fraud or other criminal acts, they may be subject to criminal prosecution. It is important for notaries in California to stay informed about and comply with state laws and regulations, as well as to exercise subjective judgment appropriately, in order to avoid these types of consequences.
Staying current with California notary laws and regulations
Here are sources for some of the many laws and regulations that notaries must follow to remain legally compliant and to serve the best interests of their clients.
California Notary Public Handbook
This handbook provides information on laws, regulations, and best practices for notaries public in California. It’s updated annually.
The Government Code includes the laws related to notaries public in California, including the requirements for becoming a notary, the duties and responsibilities of notaries, and the penalties for violations of the law. It also contains requirements for all types of personal and business legal transactions.
California Code of Regulations
The Code of Regulations includes the rules and regulations that govern notaries public in California. It provides more specific guidance on notary practices and procedures, as well as the process for filing complaints against notaries.
California Secretary of State Notary Public & Apostille
This page on the California Secretary of State’s website provides a wealth of information on notary public laws and regulations, including forms, FAQs, and updates on changes to the law.
How to know if a Notary Public is authorized and in good standing
A client can find out if a Notary Public is authorized and in good standing by checking the Notary’s commission status with the California Secretary of State’s Notary Public Listing page. This information is publicly available, is updated daily, and can be accessed online or by contacting the agency directly.
Additionally, clients may also check the Notary’s status with professional organizations such as the National Notary Association (NNA) or the American Association of Notaries (AAN) that provide notary resources and education. These organizations also provide a listing of notaries and their status, which can be useful to confirm if the Notary is authorized and in good standing.
Another way to check the Notary’s status is to verify the Notary Seal, which is issued by the state and must be used on all notarized documents. The Notary Seal should include the Notary’s name, commission number, and expiration date. If the Notary’s commission has expired, the Notary is no longer authorized to notarize documents, and the seal should not be used.
Andrea’s Mobile Notary is current with the Secretary of State, is certified with the National Notary Association, the Loan Signing System, and is approved by all the major title companies.
How technology and digital documents have impacted the role of notaries in modern society
Technology and digital documents have had a significant impact in modern society. Electronic notarization (also called e-notarization or remote notarization,) is the act of notarizing documents virtually via online services. It’s becoming accepted in some states, especially since the start of the pandemic.
However, e-notarization is not legal in California.
According to the California Secretary of State’s statement on remote online notarization,
“California Law does not provide the authority for California notaries public to perform a remote online notarization. The personal appearance of the document signer is required before the notary public. However, California citizens who wish to have their documents notarized can seek a mobile California notary public.”
Remote online notarization must be avoided if you want your documents to be legally notarized. You can call Andrea’s Mobile Notary at 818-357-0208 any time to schedule a convenient meeting and avoid the complications and liability of an improperly notarized document.
I hope this brief overview provides you some basic facts about the job duties of a notary! If you have a question or need to schedule mobile notary appointment in your area, call me anytime at 818-357-0208.