reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8207.

8207. A notary public shall provide and keep an official seal, which shall clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words “Notary Public,” and the name of the county wherein the bond and oath of office are filed, and the date the notary public’s commission expires. The seal of every notary public commissioned on or after January 1, 1992, shall contain the sequential identification number assigned to the notary and the sequential identification number assigned to the manufacturer or vendor. The notary public shall authenticate with the official seal all official acts.
A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter. A notary public shall not use the title “notary public” except for the purpose of rendering notarial service.
The seal of every notary public shall be affixed by a seal press or stamp that will print or emboss a seal which legibly reproduces under photographic methods the required elements of the seal. The seal may be circular not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border, and shall contain the information required by this section.
The seal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the seal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person. The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission.
This section shall become operative on January 1, 1992.
(Amended by Stats. 1997, Ch. 319, Sec. 5. Effective January 1, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8207.1.

8207.1. The Secretary of State shall assign a sequential identification number to each notary which shall appear on the notary commission.
This section shall become operative on January 1, 1992.
(Added by Stats. 1990, Ch. 828, Sec. 3. Section operative January 1, 1992, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8207.2.

8207.2. (a) No notary seal or press stamp shall be manufactured, duplicated, sold, or offered for sale unless authorized by the Secretary of State.
(b) The Secretary of State shall develop and implement procedures and guidelines for the issuance of notary seals on or before January 1, 1992.
(c) The Secretary of State shall issue a permit with a sequential identification number to each manufacturer or vendor authorized to issue notary seals. The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit.
(d) The Secretary of State shall develop a certificate of authorization to purchase a notary stamp from an authorized vendor.
(e) The certificate of authorization shall be designed to prevent forgeries and shall contain a sequential identification number.
(f) This section shall become operative on January 1, 1992.
(Added by Stats. 1990, Ch. 828, Sec. 4. Section operative January 1, 1992, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8207.3.

8207.3. (a) The Secretary of State shall issue certificates of authorization with which a notary public can obtain an official notary seal.
(b) A vendor or manufacturer is authorized to provide a notary with an official seal only upon presentation by the notary public of a certificate of authorization.
(c) A vendor of official seals shall note the receipt of certificates of authorization and sequential identification numbers of certificates presented by a notary public upon a certificate of authorization.
(d) A copy of a certificate of authorization shall be retained by a vendor and the original, which shall contain a sample impression of the seal issued to the notary public, shall be submitted to the Secretary of State for verification and recordkeeping. The Secretary of State shall develop guidelines for submitting certificates of authorization by vendors.
(e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization which a notary may use to obtain a replacement seal.
(f) This section shall become operative on January 1, 1992.
(Added by Stats. 1990, Ch. 828, Sec. 5. Section operative January 1, 1992, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8207.4.

8207.4. (a) Any person who willfully violates any part of Section 8207, 8207.1, 8207.2, 8207.3, 8231.7, or 8231.8 shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation, which may be recovered in a civil action brought by the Attorney General or the district attorney or city attorney, or by a city prosecutor in any city and county.
(b) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law.
(c) This section shall become operative on January 1, 1992.
(Amended by Stats. 2023, Ch. 291, Sec. 6. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8208.

8208. The protest of a notary public acting in the course and scope of employment by a financial institution, under his or her hand and official seal, of a bill of exchange or promissory note for nonacceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein:
(a) The time and place of presentment.
(b) The fact that presentment was made and the manner thereof.
(c) The cause or reason for protesting the bill.
(d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
(Amended by Stats. 2011, Ch. 269, Sec. 6. (AB 75) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8209.

8209. (a) If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file. If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction.
(b) In the case of the death of a notary public, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.
(c) After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court.
(Amended by Stats. 1982, Ch. 1543, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8211.

8211. Fees charged by a notary public for the following services shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of fifteen dollars ($15) for each signature taken.
(b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of fifteen dollars ($15).
(c) For all services rendered in connection with the taking of any deposition, the sum of thirty dollars ($30), and in addition thereto, the sum of seven dollars ($7) for administering the oath to the witness and the sum of seven dollars ($7) for the certificate to the deposition.
(d) No fee may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.
(e) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of fifteen dollars ($15).
(f) In accordance with 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.
(Amended by Stats. 2016, Ch. 133, Sec. 1. (AB 2217) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8212.

8212. Every person appointed a notary public shall execute an official bond in the sum of fifteen thousand dollars ($15,000). The bond shall be in the form of a bond executed by an admitted surety insurer and not a deposit in lieu of bond.
(Amended by Stats. 1996, Ch. 79, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8213.5.

8213.5. A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
(Amended by Stats. 2016, Ch. 366, Sec. 7. (SB 974) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8213.6.

8213.6. If a notary public changes his or her name, the notary public shall complete an application for name change form and file that application with the Secretary of State. Information on this form shall be subject to the confidentiality provisions described in Section 8201.5. Upon approval of the name change form, the Secretary of State shall issue a commission that reflects the new name of the notary public. The term of the commission and commission number shall remain the same. Willful failure to notify the Secretary of State of a name change shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
(Amended by Stats. 2007, Ch. 399, Sec. 10. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.

8214. For the official misconduct or neglect of a notary public, the notary public and the sureties on the notary public’s official bond are liable in a civil action to the persons injured thereby for all the damages sustained.
(Amended by Stats. 1982, Ch. 517, Sec. 248.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.15.

8214.15. (a) In addition to any commissioning or disciplinary sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d) of Section 8214.1, is punishable by a civil penalty not to exceed one thousand five hundred dollars ($1,500).
(b) In addition to any commissioning or disciplinary sanction, a violation of subdivision (h), (j), or (k) of Section 8214.1, or a negligent violation of subdivision (d) of Section 8214.1 is punishable by a civil penalty not to exceed seven hundred fifty dollars ($750).
(c) The civil penalty may be imposed by the Secretary of State if a hearing is not requested pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the determination.
(d) Any civil penalties collected pursuant to this section shall be transferred to the General Fund. It is the intent of the Legislature that to the extent General Fund moneys are raised by penalties collected pursuant to this section, that money shall be made available to the Secretary of State’s office to defray its costs of investigating and pursuing commissioning and monetary remedies for violations of the notary public law.
(Amended by Stats. 2014, Ch. 913, Sec. 20. (AB 2747) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.2.

8214.2. (a) A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony.
(b) The penalty provided by this section is not an exclusive remedy and does not affect any other relief or remedy provided by law.
(Amended by Stats. 2007, Ch. 399, Sec. 12. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.21.

8214.21. A notary public who willfully fails to provide access to the sequential journal of notarial acts when requested by a peace officer shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
(Added by Stats. 2007, Ch. 399, Sec. 14. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.23.

8214.23. (a) A notary public who fails to obtain a thumbprint, as required by Section 8206, from a party signing a document shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(Added by Stats. 2007, Ch. 399, Sec. 15. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.3.

8214.3. Prior to a revocation or suspension pursuant to this chapter or after a denial of a commission, or prior to the imposition of a civil penalty, the person affected shall have a right to a hearing on the matter and the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, except that a person shall not have a right to a hearing after a denial of an application for a notary public commission in either of the following cases:
(a) The Secretary of State has, within one year previous to the application, and after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, denied or revoked the applicant’s application or commission.
(b) The Secretary of State has entered an order pursuant to Section 8214.4 finding that the applicant has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission.
(Amended by Stats. 1993, Ch. 664, Sec. 2. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.4.

8214.4. Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, if the Secretary of State determines, after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, that any notary public has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission, the resignation or expiration of the notary public’s commission shall not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary proceedings. Upon completion of the disciplinary proceedings, the Secretary of State shall enter an order finding the facts and stating the conclusion that the facts would or would not have constituted grounds for suspension or revocation of the commission if the commission had still been in effect.
(Amended by Stats. 1983, Ch. 142, Sec. 31.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.5.

8214.5. Whenever the Secretary of State revokes the commission of any notary public, the Secretary of State shall file with the county clerk of the county in which the notary public’s principal place of business is located a copy of the revocation. The county clerk shall note such revocation and its date upon the original record of such certificate.
(Added by Stats. 1977, Ch. 1009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8214.8.

8214.8. Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public. The court shall forward the seal, together with a certified copy of the judgment of conviction, to the Secretary of State.
(Added by Stats. 2005, Ch. 295, Sec. 2. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8216.

8216. When a surety of a notary desires to be released from responsibility on account of future acts, the release shall be pursuant to Article 11 (commencing with Section 996.110), and not by cancellation or withdrawal pursuant to Article 13 (commencing with Section 996.310), of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure. For this purpose the surety shall make application to the superior court of the county in which the notary public’s principal place of business is located and the copy of the application and notice of hearing shall be served on the Secretary of State as the beneficiary.
(Amended by Stats. 1982, Ch. 517, Sec. 249.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8219.5.

8219.5. (a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English by signs or other means of written communication, with the exception of a single desk plaque, shall post with that advertisement a notice in English and in the other language which sets forth the following:
(1) This statement: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters.
(2) The fees set by statute which a notary public may charge.
(b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State.
(c) Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated.
(d) The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c). However, on the second offense the commission of such notary public shall be revoked permanently.
(Amended by Stats. 1998, Ch. 879, Sec. 30. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8220.

8220. The Secretary of State may adopt rules and regulations to carry out the provisions of this chapter.
The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3).
(Amended by Stats. 2004, Ch. 183, Sec. 137. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8221.

8221. (a) If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy and does not affect any other relief or remedy provided by law.
(Amended by Stats. 2007, Ch. 399, Sec. 16. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8222.

8222. (a) Whenever it appears to the Secretary of State that any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule or regulation prescribed under the authority thereof, the Secretary of State may apply for an injunction, and upon a proper showing, any court of competent jurisdiction has power to issue a permanent or temporary injunction or restraining order to enforce the provisions of this chapter, and any party to the action has the right to prosecute an appeal from the order or judgment of the court.
(b) The court may order a person subject to an injunction or restraining order provided for in this section to reimburse the Secretary of State for expenses incurred in the investigation related to the petition. The Secretary of State shall refund any amount received as reimbursement should the injunction or restraining order be dissolved by an appellate court.
(Amended by Stats. 1982, Ch. 517, Sec. 252.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8223.

8223. (a) A notary public who holds himself or herself out as being an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public.
(b) A notary public qualified and bonded as an immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code may enter data, provided by the client, on immigration forms provided by a federal or state agency. The fee for this service shall not exceed fifteen dollars ($15) per individual for each set of forms. If notary services are performed in relation to the set of immigration forms, additional fees may be collected pursuant to Section 8211. This fee limitation shall not apply to an attorney, who is also a notary public, who is rendering professional services regarding immigration matters.
(c) This section shall not be construed to exempt a notary public who enters data on an immigration form at the direction of a client, or otherwise performs the services of an immigration consultant, as defined by Section 22441 of the Business and Professions Code, from the requirements of Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code. A notary public who is not qualified and bonded as an immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code may not enter data provided by a client on immigration forms nor otherwise perform the services of an immigration consultant.
(Amended by Stats. 2016, Ch. 133, Sec. 2. (AB 2217) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8224.

8224. A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction.
For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public:
(a) With respect to a financial transaction, is named, individually, as a principal to the transaction.
(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction.
For purposes of this section, a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction.
(Added by Stats. 1977, Ch. 1009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8224.1.

8224.1. A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public.
(Added by Stats. 1977, Ch. 1009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8225.

8225. (a) Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law.
(Amended by Stats. 2007, Ch. 399, Sec. 17. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8227.1.

8227.1. It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California to do any of the following:
(a) Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public.
(b) Assume, use or advertise the title of notary public in such a manner as to convey the impression that the person is a notary public.
(c) Purport to act as a notary public.
(Added by Stats. 1977, Ch. 1009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8227.3.

8227.3. Any person who is not a duly commissioned, qualified, and acting notary public who does any of the acts prohibited by Section 8227.1 in relation to any document or instrument affecting title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, is guilty of a felony.
(Added by Stats. 1984, Ch. 1397, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8228.

8228. The Secretary of State or a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing reasonable suspicion and acting in his or her official capacity and within his or her authority, may enforce the provisions of this chapter through the examination of a notary public’s books, records, letters, contracts, and other pertinent documents relating to the official acts of the notary public.
(Amended by Stats. 2007, Ch. 399, Sec. 18. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8228.1.

8228.1. (a) Any notary public who willfully fails to perform any duty required of a notary public under Section 8206, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law.
(Amended by Stats. 2007, Ch. 399, Sec. 19. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 1 - Notaries Public › Section 8230.

8230. If a notary public executes a jurat and the statement sworn or subscribed to is contained in a document purporting to identify the affiant, and includes the birthdate or age of the person and a purported photograph or finger or thumbprint of the person so swearing or subscribing, the notary public shall require, as a condition to executing the jurat, that the person verify the birthdate or age contained in the statement by showing either:
(a) A certified copy of the person’s birth certificate, or
(b) An identification card or driver’s license issued by the Department of Motor Vehicles.
For the purposes of preparing for submission of forms required by the United States Immigration and Naturalization Service, and only for such purposes, a notary public may also accept for identification any documents or declarations acceptable to the United States Immigration and Naturalization Service.
(Added by Stats. 1977, Ch. 1009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.

8231. (a) This article shall be known, and may be cited, as the Online Notarization Act.
(b) An online notarization platform shall not be authorized for use by a notary public in California and a notary public shall not provide online notarization for any principal pursuant to this article prior to registration with the Secretary of State or prior to completion of the Secretary of State’s technology project necessary to implement statutes related to online notarization. The Secretary of State shall complete the technology project no later than January 1, 2030, unless the Secretary of State informs the Legislature and the Governor in writing on or before January 1, 2029, that the technology project necessary to implement statutes related to online notarization is incomplete.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.2.

8231.2. (a) The Secretary of State shall adopt rules and regulations necessary to implement this article. The rules and regulations shall set and maintain standards for online notarizations and notaries public authorized to perform online notarization, including, but not limited to, all of the following:
(1) Audio-video communication, including ensuring that principals with disabilities are accommodated by online notarization systems of online notarization platforms and notaries public in a manner consistent with applicable laws.
(2) Credential analysis.
(3) Electronic and tangible journals, including their form and content.
(4) Electronic seals.
(5) Identity proofing, which shall be performed at least at Identity Assurance Level 2, as established in NIST Special Publication 800-63A, dated June 2017, promulgated by the National Institutes of Standards and Technology, or any successor publication. If this standard cannot be met due to applicable state or federal laws, such as California law governing the disclosure of information regarding driver’s licenses or other identification cards, then the Secretary of State shall adopt the most rigorous standard for identity proofing that also conforms to those laws.
(6) Online notarization systems.
(7) Depositories, including standards for security measures and storage capacity.
(8) Registration with the Secretary of State as a notary public authorized to perform online notarizations, or registration as a depository or an online notarization platform.
(9) Remote presentation.
(10) Retention and storage of records of online notarial acts.
(11) Security and encryption.
(b) The Secretary of State may confer with other state entities, departments, or agencies on matters relating to equipment, security, and technological aspects of online notarization standards.
(c) The Secretary of State, in developing the rules and regulations required by this section, may consider the views of other state entities, departments, or agencies, and members of the public.
(d) A commissioned notary public shall not provide online notarization for any principal before the adoption of rules by the Secretary of State pursuant to this section.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.4.

8231.4. (a) A notary public authorized to perform online notarization and physically located in this state may perform an online notarization that meets the requirements of this article and the rules and regulations adopted by the Secretary of State pursuant to this article for a principal who is located in any of the following places:
(1) Within this state.
(2) Outside this state but within the United States.
(3) Outside the United States if the act is not prohibited in the jurisdiction in which the principal is physically located at the time of the act.
(b) (1) A requirement under any law of this state that a principal appear before or in the presence of the notary public shall be satisfied by appearing by means of audio-video communication before a notary public authorized to perform online notarization in compliance with the requirements of this article and the rules or regulations adopted by the Secretary of State pursuant to this article.
(2) Audio-video communication with a notary public authorized to perform online notarization shall consist of continuous, synchronous audio and video feeds with adequate clarity such that all participants can be clearly seen and understood at all times. The notary public shall terminate the session if, in the notary public’s judgment, the adequacy of communications is insufficient for all participants to be clearly seen and understood at all times.
(3) The notary public, by use of the online notarization system, shall create the audio-video recording required by Section 8231.6.
(c) A requirement under Section 8205 that a certificate of acknowledgment or proof, or a deposition, affidavit, oath, or affirmation, or certification of a copy, be signed in the notary public’s own handwriting, is satisfied by the notary public’s electronic signature if the notarial act is performed by online notarization.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.6.

8231.6. (a) A notary public shall create an audio-video recording of the audio-visual communication of each online notarial act performed through the online notarization platform pursuant to Section 8231.4 and this section.
(b) (1) The notary public shall retain the audio-video recording on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. The audio-video recording shall be created in an open format and shall not include images of any electronic record that was the subject of the online notarization. The notary public shall utilize an online notarization platform or depository approved by the Secretary of State for purposes of this section.
(2) An online notarization platform may retain custody of the audio-video recording on behalf of the notary public if it expressly provides custodial services and provided that information to the Secretary of State in its application under Section 8231.14. If the online notarization platform does not provide custodial services for a notary public, the online notarization platform has a duty not to retain the audio-video recordings after providing a reasonable opportunity for the download by the notary public as required by subdivision (i) of Section 8231.14. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading the audio-video recording.
(c) A notary public shall retain the audio-video recording of each online notarial act with either of the following:
(1) An online notarization platform that provides custodial services to the notary public and provided that information to the Secretary of State in its registration under Section 8231.14.
(2) A depository registered with the Secretary of State under Section 8231.14.
(d) The notary public shall retain each audio-video recording created as required by this section for at least 10 years after the performance of the notarial act documented in the audio-video recording, regardless of the notary public’s current authorization status to perform online notarizations. The notary public shall cause the audio-video recording to be retained either:
(1) Personally.
(2) By a depository registered with the Secretary of State.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.9.

8231.9. Fees charged by a notary public for the following services related to an online notarization shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment of a deed or other instrument, to include the electronic seal and the completion of the electronic notarial certificate, the sum of thirty dollars ($30) for each signature taken.
(b) For administering an oath or affirmation to one person and executing the jurat, including the electronic seal and the completion of the electronic online notarial certificate, the sum of thirty dollars ($30).
(c) No fee may be charged for any online notarization pursuant to subdivisions (d) and (f) of Section 8211.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.10.

8231.10. Every person appointed as a notary public authorized to perform online notarizations shall execute an official bond in the sum of twenty-five thousand dollars ($25,000) in lieu of the bond required by Section 8212. The bond shall be in the form of a bond executed by an admitted surety insurer and not a deposit in lieu of bond. For the official misconduct or neglect of a notary public related to this article, the notary public and the sureties on the notary public’s official bond required by this section are liable in a civil action to a person injured thereby provided, however, that the amount of the surety’s liability shall be limited to fifteen thousand dollars ($15,000) for notarial acts arising under Article 1 (commencing with Section 8200), and twenty-five thousand dollars ($25,000) for online notarial acts arising under this article. Under no circumstances shall the surety’s liability exceed the aggregate amount of twenty-five thousand dollars ($25,000). The bond shall be filed with the county clerk within which the notary public maintains a principal place of business pursuant to Section 8213.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.11.

8231.11. (a) A notary public authorized to perform online notarization who resigns, is disqualified or removed from office, or allows the notary public’s registration to perform online notarization to expire without obtaining a reappointment, within 30 days, pursuant to Section 8209, shall take all necessary measures to disable the electronic affixation of the notary public’s electronic signature or seal by the notary public or another person including, but not limited to, notifying the online notarization platform providing the online notarization system utilized by the notary public that their electronic signature and seal should be disabled, as well as adhering to any other requirements set forth in regulations adopted by the Secretary of State.
(b) An online notarization platform notified by a notary public pursuant to subdivision (a) shall disable, destroy, or otherwise prevent the use of the notary public’s electronic signature and electronic seal.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.12.

8231.12. (a) The Secretary of State may approve registrations of notaries public authorized to perform online notarizations for the military and naval reservations of the Army, Navy, Coast Guard, Air Force, and Marine Corps of the United States that are located in the State of California. Such registrants shall meet the requirements of Article 1 (commencing with Section 8200) in addition to the requirements of this article.
(b) Notwithstanding Section 8203.2, a notary public authorized to perform online notarizations approved for registration under subdivision (a) may perform notarial acts for principals who are stationed at the reservation for which that notary public was approved, regardless of whether the principal was physically located on the reservation at the time of the notarial act.
(c) Notwithstanding Section 8203.5, the electronic online notarial certificate by a notary public authorized to perform online notarizations shall contain the name of the reservation for which the notary public was approved and where the principal for which the online notarization was performed was stationed at the time of the online notarial act. A notation in the following form shall be sufficient for purposes of this subdivision:
State of California Online Notarial Act
Military Reservation of ________
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 1 - GENERAL › CHAPTER 3 - Notaries Public › ARTICLE 2 - Online Notarization › Section 8231.13.

8231.13. A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling a notary public to affix the notary public’s electronic signature or electronic seal is guilty of a misdemeanor.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)