What You Need to Know Before You Hire a Notary Public in California

What is a Notary Public?

You've undoubtedly seen notary public signs in your community, and have probably even required the services of a notary at some point. But how much do you really know about notaries? Quite simply, a notary public is an officer appointed by state government. A notary is empowered to:

1) witness the signing of important documents,
2) administer oaths and affirmations, and
3) perform other acts as authorized by law.

As an impartial, third-party witness, a notary identifies signers for the purpose of screening out impostors and detering fraud. A notary also verifies that signers have knowingly and willingly entered into agreements. For this reason, signers must personally appear before a notary with proper identification at the time of notarization. While not always convenient, this requirement is for the protection of the public.

The responsibilities of a notary are limited. For example, a notary is not allowed to prepare legal documents or offer legal advice about a particular document (unless he or she is also an attorney). In 2008 the laws affecting California notaries were changed, so you'll want to be sure your legal documents include the proper notarial wording.

Several resources for legal forms and contracts are provided below. In addition, you'll find links to free California-approved acknowledgment and jurat forms.

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Notary Public Glossary of Terms

California Notary Public

Acknowledgment A statement made in front of a notary public or other person who is authorized to administer oaths stating that a document bearing your signature was actually signed by you.

Affiant A person who signs an affidavit and swears to its truth before someone authorized to take oaths, like a notary public or county clerk.

Affidavit A written declaration made under oath before a notary public or other authorized officer.

Deed A document that transfers ownership of real estate.

Durable Power of Attorney A power of attorney that remains in effect if the principal becomes incapacitated. If a power of attorney is not specifically made durable, it automatically expires if the principal becomes incapacitated.

Jurat A certificate added to an affidavit stating when, before whom, and where it was made.

Notarize Certification by a notary public to establish the authenticity of a signature on a legal document. Many legal documents, such as deeds and powers of attorney, are commonly notarized.

Notary Public A licensed public officer who administers oaths, certifies documents and performs other specified functions. A notary public's signature and seal is required to authenticate the signatures on many legal documents.

Power of Attorney A document that gives another person legal authority to act on your behalf. If you create such a document, you are called the principal, and the person to whom you give this authority is called your attorney-in-fact. If you make a durable power of attorney, the document will continue in effect even if you become incapacitated.

Satisfactory Evidence The absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual he or she claims to be. This is supported by paper identification documents, the oath of a single credible witness, or the oaths of two credible witnesses under penalty of perjury.

Notarial Wording

A notary public cannot sign and stamp a document without the correct notarial language. The acknowledgment and jurat forms associated with your documents must comply with California laws.

What is an Acknowledgment?

The certificate of acknowledgment is the form most frequently completed by a notary public. Basically, a certificate of acknowledgment certifies that the signer personally appeared before the notary on the date and in the county indicated, that the signer provided valid identification, and that the signer acknowledged executing the document. A certificate of acknowledgment must be filled out completely at the time of the notarization. Every notary maintains a journal to record all information pertinent to each signing. In the case of an acknowledgment, the journal will record the type of identification used to establish the signer's identity. Ideally, a signer will be able to provide proper paper identification documents, but there are exceptions to the rule where one or two credible witnesses can vouch for a signer. In cases like this, a notary will record the signatures and identification information about the witnesses in their notary journal. According to California law, the words "personally appeared" must be included in the wording of an acknowledgment. A notary public signature and seal cannot be affixed to a document without the proper notarial wording (see sample acknowledgment form, below).

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Sample Acknowledgment Form

Printable California Acknowledgment Form
Note: When using this form, be sure your notary writes the title "notary public" after their name.

Free California Acknowledgment Form

What is a Jurat?

The second most common form to be completed by a notary is the jurat, which is identified by the wording "subscribed and sworn to (or affirmed) before me." A jurat certifies that the signer personally appeared before the notary on the date and in the county indicated, that the signer signed the document in the presence of the notary public, and that the notary public administered the oath or affirmation. Additionally, the notary public must certify the identity of the signer. The oath wording is typically: Do you swear or affirm that the statements on this document are true? When administering the oath, the signer and notary public usually raise their right hands, but there is no legal requirement to do so. According to California law, a jurat cannot be affixed to a document whereby the signer did not personally appear, take an oath, and sign in the presence of the notary public (even if the signer is known to the notary public). A notary public signature and seal cannot be affixed to a document without the proper notarial wording (see sample jurat form, below).

Government Code § 8202. California Notary Public Jurat
(a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or 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.

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Sample Jurat Form

Printable California Jurat Form

Free California Jurat Form

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Proper Identification

Each signer must present a valid form of identification at the time of notarization. If you're scheduling a notary on behalf of someone else, particularly someone who does not drive or travel, please be sure they have a valid identification card.

Valid Forms of Identification in California

You Must Present Valid Identification to the Notary

Identity of the signer can be established by the notary public's reasonable reliance on the presentation of any one of the following documents, if the identification document is current or has been issued within five years (Civil Code section 1185(b)(3) & (4)):

1. An identification card or driver's license issued by the California Department of Motor Vehicles;
2. A United States passport;
3. Other California-approved identification card, consisting of any one of the following, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number:
(a) A passport issued by a foreign government, provided that it has been stamped by the U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;
(b) A driver's license issued by another state or by a Canadian or Mexican public agency authorized to issue driver's licenses;
(c) An identification card issued by another state;
(d) A United States military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.);
(e) An inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody.
(f) An employee identification card issued by an agency or office of the State of California, or an agency or office of a city, county, or city and county in California.
Source: California Notary Public Handbook (2012)

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Are Your Forms in Order?

State laws prohibit notaries from choosing or completing legal documents for their clients. Several resources for legal forms and contracts are provided below.

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Money Saving Tip

Many legal forms, like the ones available at office supply stores
(i.e., Staples, Office Max) include just one set of documents. Make copies of blank legal forms before filling them out, in case something needs to be revised or changed.

Who Can Become a Notary Public?

State of California

In order to qualify for a notary public commission in California, applicants must meet the following conditions:

Applicant must be 18 years of age.
Applicant must be a legal resident of the State of California.
Applicant must pass a written examination prescribed by the Secretary of State.
Applicant must pass a criminal livescan background check.
Applicant must satisfactorily complete a six-hour course of study approved by the Secretary of State.
Applicant must submit a 2" x 2" passport photo with application.
New Laws Affecting California Notaries

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Recent Laws Affecting California Notaries

California Notary Public

Expanded Background Checks All applicants appointed or reappointed as a notary public on or after January 1, 2008, must undergo a background check by the FBI as well as the California Department of Justice.

Photo Requirement All applicants appointed or reappointed as a notary public on or after January 1, 2008, are required to attach a 2" x 2" color passport photo of their person to the back of the completed notary public application form.

Education All applicants are required to complete a course of study approved by the Secretary of State prior to appointment or reappointment as a notary public.

Thumbprint Requirement In addition to a deed, quitclaim deed, or deed of trust affecting real property, a notary public must obtain a thumbprint in the journal for a power of attorney document.

Journal Surrender When requested by a peace officer investigating a criminal offense, a notary public must surrender his or her journal immediately or as soon as possible if the journal is not present. The peace officer must have probable cause to believe the journal contains evidence of a criminal offense.

Line Item Request A notary public must respond within 15 days from the receipt of a request by a member of the public for a line item from the notary public's journal. The notary public must supply either a photostatic copy of the line item or acknowledge that no such line item exists.

Certificate of Acknowledgment Effective January 1, 2008, the California certificate of acknowledgment will change. The signer's identification must be based on satisfactory evidence and the certificate must be signed under penalty of perjury. Variations in the California form are not permitted, but the portion of the law regarding acknowledgments to be used with documents to be filed in other states has not changed.

Jurat Effective January 1, 2008, the jurat form will change. Identification of the signer must be based on satisfactory evidence.

California Notarization Fees

Notarization Fees are Governed by the California Secretary of State

Government Code section 8211 specifies the maximum fees that may be charged for notary public services. However, a notary public may decide to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public's employer, provided it does not exceed the maximum fees. The notary public is required to make an entry in the notary public journal even if no fee was charged, such as "no fee" or "0." (Government Code section 8206)

Exceptions: 1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries public appointed to military and naval reservations in accordance with 8203.1; 2) Pursuant to Elections Code section 8080, no fee shall be collected by notaries public for verifying any nomination document or circulator's affidavit; 3) Pursuant to Government Code section 6106, no fee shall be collected by a notary public working for a public entity for services rendered in an affidavit, application, or voucher in relation to the securing of a pension; 4) Pursuant to Government Code 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; and 5) Pursuant to Government Code section 8211(d) no fee can be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.

In addition, Government Code section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5, to charge for all services and remit the fees received to the employing agency. Each fee charged must be entered in the journal.

Source: California Notary Public Handbook (2012)

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These Items Can't Be Notarized

Incomplete Documents A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (Government Code section 8205)
Copies of Birth, Death or Marriage Records Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)

(Affidavit of Birth, Marriage, or Death can be notarized)

Source: California Notary Public Handbook (2009)