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Frequently asked questions

POINTS TO REMEMBER


The commission of a Notary lasts for four years.
A Notary Public can notarize papers anywhere in the state of California.
Before each commission, a Notary must pass a background check by getting Live Scan Fingerprinted.
Certain activities will prevent the Secretary of State from commissioning a Notary:
On the notary application, failure to state any arrests or convictions;
If you've been convicted of a felony and you've been on probation for at least 10 years, you're eligible for parole.
Conviction of a disqualifying misdemeanor where probation has not been completed for at least 5 years; and
Failure to meet child or family support responsibilities.
Unless he or she is an attorney, a Notary cannot give legal advice on immigration or any other legal problem.
When a legitimate request is made, a Notary is required by law to make notarizations.
For all documents involving real property and powers of attorney, a Notary is required to secure a correct thumbprint.
The following are the notarial actions and procedures:
Acknowledgments - Notary Certificate Wording
Jurats - Notary Certificate Wording
Signature by Mark- Signer is unable to sign with a legible signature
Subscribing Witness Certificates as Proof of Execution - Main signer (principle named on a document CAN NOT appear before a Notary Public - A SUB ( SUBSTITUTE) SCRIBING (SIGNER) appears instead of the signer/principle)
Power of Attorney Certified Copies
Copies of the Notary's journal that have been certified
Before a document can be notarized, it must meet the following requirements:
When performing a notarization, it is important to complete each step in its entirety. The process is: Identify the signer; Complete the Journal entry; Signer/Principal’s signature, on document & Journal and When necessary, his/her right thumbprint. Fill out notarial Certificate. Only the Notary completes the Notarial Act (not the signer).
The document or a Loose Leaf Certificate can both have notarial text.
When doing a notarization, it's critical to follow each step to the letter the procedure is as follows:
Determine who signed the document;
Finish the journal entry.
Signature of the Signer/Principal, and
His/her right thumbprint, if necessary.
Fill in the blanks on the notarial act/wording.
The Notary's Seal/Stamp, as well as the Sequential Journal, must be kept under the Notary's sole and direct supervision (i.e., locked box or desk drawer).




Exceptions / Rules California Notary Public


Satisfactory Evidence must be used to identify each signer, which includes: Paper Identification Documents with Specifications Single Credible Witness Oath, or theTwo Credible Witnesses' Oath Except in the following cases, the maximum notarial fee is $15: Deposition costs $30, plus $7 for administering the oath and $7 for the deposition certificate. To get his or her signature notarized, the signer must personally appear before the notary; exception: Subscribing Witness— A signer can have another individual attest to the fact that he or she signed the document. = sub/ substitute - scribing/signedThe document and the notary journal must be signed by each signer, with the following exception: When a signer is unable to sign or write his or her name, the document may be notarized by the signer making a mark in the presence of two witnesses. Notaries notarize signatures but do not certify documents, with the following exceptions: Copies of his or her Notary Journal, as well as Copies of an attorney-in-power fact's of attorney NOTIFY THE SECRETARY OF within 30 day RULE *IMMEDIATELY* When the stamp/seal is lost or stoleni When the journal is misplaced or stolen 10 day Rule The journal is taken by a peace officer Use a stamp/seal on all notarized documents except: Maps of California Subdivisions The Seal/Stamp must not be given to anyone, with the exception of the following: When a notary public's commission is revoked due to Notarial Misconduct, such as the false completion of a notarial certificate, or any Felony, the court/judge will demand the submission of the seal/stamp. The seal will be sent to the California Secretary of State along with a certified copy of the conviction judgment. NOTE: This is the only time anyone can have your seal because you are required to destroy it when your Commission expires.The information in the journal is maintained under the notary's exclusive and exclusive supervision; no one else may have access to it except:On written request, members of the public can acquire a lined item copy of the journal.In the presence of the notary, the court order, examination, and copying may be completed, andIn the presence of the notary, the employer examines and copies his or her business.




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