A California Notary Public is a public official commissioned by the Secretary of State to administer oaths and affirmations, witness signatures, and perform other duties as permitted by state law.  Notaries are most commonly called upon to act as the official, unbiased witness to the identity and signature of the person who comes before the Notary for a specific purpose.

Every person appointed as a notary public shall:

• be 18 years of age or older (there is no maximum age set by statute)
• be a legal California resident
• complete a mandatory course of study approved by the Secretary of State (every four years, a notary is required to complete continuing education requirements prior to expiration of his or her commission)
• satisfactorily complete and pass a written examination prescribed by the Secretary of State (every four years, a notary must submit to re-examination)
• clear a background check, submit two sets of fingerprints, and provide a 2" x 2" photograph of herself or himself (every four years, a notary must submit to the background check, provide fingerprints, and a 2" x 2" photo)

Government Code, Sections 8201, 8201.1,

8201.2, 8201.5, and 8214.1)

A Certified Loan Signing Agent (aka Notary Signing Agent) is a commissioned Notary who has completed training in real estate and loan documents and passed an examination (in addition to the State administered examination every four years) administered by an industry-recognized company (such as the National Notary Association). A Notary Public who has earned the designation "Certified Loan Signing Agent" must submit to and pass a  "Signing Agent" examination every two years testing, in addition to notarial laws, their knowledge of the lending process, regulatory compliance, and the processing of loan documents. A Loan Signing Agent is hired as an independent contractor by a lender, title company, or closing agent to ensure real estate loan documents are properly executed, notarized, and returned for processing. People buying or refinancing homes can enjoy the benefits of Loan Signing Agents coming to them, at their convenience, to facilitate the loan signing process.

Gramm-Leach-Bliley Act (GLBA) regulations require organizations to protect themselves against unauthorized access, anticipated hazards and risks threatening the security or integrity of consumer financial information. To comply with this law and the Interagency Guidelines that have been set, some financial and lending institutions have begun to require regulatory compliance training and background screening for all persons involved in the lending process and who render real estate settlement services. Since Loan Signing Agents have access to consumers' private and financial information, many lenders now require notaries to receive regulatory compliance training (typically a Certified Loan Signing Agent has satisfied the educational requirements) and to submit to a background check (in addition to the background check completed by the state when the Notary acquires or renews a commission).

California stipulates exactly what types of identification a Notary Public may use to identify a signer. Effective January 1, 2008, a Notary may rely on any of the following as acceptable identification: (Civil Code §1185).

Effective January 1, 2008, Personal Knowledge alone is no
longer acceptable identification.

All identifying documents must include or comply with the following information: (Civil Code §1185):

• Current or have been issued within five (5) years.
• Contain a photograph.
• Contain a physical description.
• Must be signed by the person named.
• Must have a serial or other identifying number.
• If it is a foreign passport, it must be stamped by the United States Immigration and Naturalization Service (USCIS).

As previously discussed, only the forms of identification listed in Civil Code §1185 are acceptable in California. Some of the commonly presented but unacceptable forms of identification are as follows:

If you do not have valid identification as defined by Civil Code §1185, you may be identified by either one or two credible identifying witnesses who must produce acceptable identification.

Only one credible identifying witness is required provided that individual is personally known by the notary, and is able to produce acceptable identification.

Two credible identifying witnesses are required if neither of them are personally known by the Notary.  They must also produce acceptable identification

The witnesses must personally know you and take an oath attesting to your identity. The witnesses may not have an interest in or be named in the document.

 Effective January 1, 2008, every credible witness
 - known or unknown to the Notary -
must present valid identification to the Notary.

When a signer is unable to present proper identification (see “What Identification Is Acceptable For Notarizations” above), the signer may be identified on the oath or affirmation of one or two credible identifying witnesses. If there is only one credible identifying witness, he/she must be personally known by the Notary, otherwise two credible identifying witnesses are required. 

 
Effective January 1, 2008, every credible witness
- known or unknown to the Notary -
must present valid identification to the Notary.

 
The witnesses, whether personally known or unknown by the Notary, must present acceptable identification as defined in Civil Code §1185. In either case, each witness must swear or affirm that the following is true:

• The document signer appearing before the Notary is the person that is named in the document.
• The document signer is personally known to the witness.
• The witness believes that it would be difficult or impossible for the document signer to obtain acceptable identification.
• The document signer does not have any acceptable identification.
• That the witness has no financial or beneficial interest in the document and is not named in the document.

"LESS BUT NOT MORE THAN RULE"

May Accept "Less of a Name" Than Appears On The Identification:  

If the document reflects less of a name than what appears on the identification, the Notary may proceed with the notarization. 

For example, if your identification reads "Henry John Smith," and the document reads "Henry J. Smith," the Notary may accept your identification for that document because the "J" is defined.

May Not Accept "More of a Name" Than Appears On The Identification:

If the document reflects more of a name than what appears on the identification, the Notary may not proceed with the notarization.

For example, if your identification reads "Henry J. Smith," but the document reads "Henry John Smith," the Notary may not accept your identification for that document because it does not define the "J."

The name on the identification must either match what is on the document or follow the "less but not more than rule" (see explanation above)." 

If you cannot present acceptable identification, you may also be identified by one or two credible identifying witnesses (discussed above).

A marriage license, social security card, temporary driver's license, or credit card with or without a photo, are not included in the acceptable forms of identification listed in Civil Code §1185.

 
Please note that if you are signing loan documents, the lender may require that they be redrawn to match the name on your identification. Most lenders will not allow a person to sign "Also Known As" or "AKA."

A disabled person may sign a document by marking an "X" in the presence of two witnesses who personally know the signer and who have no interest in nor are named in the document. The witnesses must present acceptable identification. (Civil Code §14).

A Notary is a sworn public servant who follows strict guidelines in identifying a person. They serve as an impartial witness in taking acknowledgments, administering oaths, affirmations and performing other acts authorized by California law. Unless a Notary Public is a licensed attorney, they may not give legal advice, draft legal documents nor accept fees for legal advice. A Notary may not even advise a client what type of notarization a document requires. The notarial wording must be provided by the creator of the document. (Business & Professions Code §6125).

As public officials, notaries public serve an important role in the prevention of fraud and protection of the parties involved by following strict procedures in identifying a person and by acting as an official, unbiased witness for certain documents. Notaries are not responsible for the truth, accuracy or legality of documents they notarize.

California Notaries are prohibited from notarizing any document that is incomplete. Any blanks should be filled in by the signer, lined through, or marked "not applicable." Government Code §8205

An acknowledgment form indicates that the document signer personally appeared before the Notary, was identified by the Notary, and acknowledged to the Notary that the document was freely signed. If the document was signed outside the Notary’s presence, the document signer must make a personal appearance before the Notary to confirm it is their signature. This must be done prior to the document being notarized.  Civil Code §1189 provides the exact wording a California Notary must use in an Acknowledgment.

Effective January 1, 2008, Personal Knowledge alone is no
longer acceptable identification. 
(Civil Code, Section 1185)

 
Effective January 1, 2008, a Notary will be required to sign a 
Certificate of Acknowledgement under penalty of perjury
(Civil Code, Section 1189)


A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty of up to $10,000.
(Civil Code, Section 1189[a][2])

The purpose of a Jurat is to compel truthfulness by appealing to the signer's conscience and fear of criminal penalties for perjury. In signing a jurat, a Notary certifies:

• That the document signer personally appeared before the Notary on the date and in the county indicated
• The document signer was properly identified by the Notary
• The Notary witnessed the person signing the document
• The Notary administered an oath or affirmation to the signer as to the truthfulness of the document's content.

Effective January 1, 2008, Personal Knowledge alone is no
longer acceptable identification.  
(Civil Code, Section 1185)

An Apostille is a form of verification issued by the California Secretary of State’s office verifying the signature and seal of a Notary so that the document bearing his/her signature and seal can take effect in countries which have ratified the Hague Convention Abolishing The Requirement of Legalization For Foreign Public Documents. This is NOT a regular Notary Public Stamp.

No. In Latin countries, the Notario Publico is a high-ranking official with considerable legal skills and training. Unlike the U.S. Notary, the Notario Publico drafts documents, provides legal advice, settles disputes and archives documents.

Notaries must perform all lawful and reasonable requests for notarization. However, the following are some circumstances under which a Notary may decline service:

• If the document signer is unable to produce proper identification.
• If the document signer is unable to produce credible identifying witnesses.
• If the document is incomplete or contains blank spaces.
• If the document does not provide notarial wording and the signer is unable to instruct the Notary as to the appropriate wording. 
• If the Notary is uncertain of a signer's willingness, mental awareness, or has cause to suspect fraud.
• A California Notary Public may not perform notary services outside of the State that he/she is commissioned in.  In other words, a California notary may not travel to Arizona or another state and perform notary services unless they are also commissioned in that State. 
• A California Notary Public may not perform notary services in Mexico or any other foreign country, unless they hold the appropriate commission or license in the particular country.

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