Ask the Expert: Wrongful Foreclosures

CALIFORNIA CODE GOVERNMENT CODE TITLE 1. GENERAL DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 2. APPOINTMENTS, NOMINATIONS, COMMISSIONS, AND OATHS ARTICLE 4. OATH OF OFFICE § 1360. Necessity of taking constitutional oath Unless otherwise provided, before any officer enters on the duties of his office, he shall take and subscribe the oath or affirmation set form in Section 3 of Article XX of the Constitution of California. (Amended by Stats. 1953, c. 1250.) § 1362. Administration by authorized officer Unless otherwise provided, the oath may be taken before any officer authorized to administer oaths. (Enacted by Stats. 1943, c. 134.) DIVISION 7. MISCELLANEOUS CHAPTER 2. FEES § 6100. Payment for performance of services; notaries public Officers of the state, or of a county or judicial district, shall not perform any official services unless upon the payment of the fees prescribed by law for the performance of the services, except as provided in this chapter. This section shall not be construed to prohibit any notary public, except a notary public whose fees are required by law to be remitted to the state or any other public agency, from performing notarial services without charging a fee. (Amended by Stats. 1977, c. 197.) § 6107. Veterans 6107. (a) No public entity, including the state, a county, city, or other political subdivision, nor any officer or employee thereof, including notaries public, shall demand or receive any fee or compensation for doing any of the following: (1) Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States. (2) Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans’ benefits. (3) Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration. (4) Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3). Revised 05/05/2008 -1- (b) A certified copy of any record referred to in subdivision (a) may be made available only to one of the following: (1) The person who is the subject of the record upon presentation of proper photo identification. (2) A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record. (3) A county office that provides veteran’s benefits services upon written request of that office. (4) A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services. (Enacted by Stats. 1943, c. 134.) § 6108. Oath of office; claim against county No officer of a county or judicial district shall charge or receive any fee or compensation for administering or certifying the oath of office or for filing or swearing to any claim or demand against any county in the State. (Amended by Stats. 1951, c. 1553.) § 6109. Account of fees received Every officer of a county or judicial district, upon receiving any fees for official duty or service, may be required by the person paying the fees to make out in writing and to deliver to the person a particular account of the fees. The account shall specify for what the fees, respectively, accrued, and the officer shall receipt it. If the officer refuses or neglects to do so when required, he is liable to the person paying the fees in treble the amount so paid. (Amended by Stats. 1951, c. 1553.) § 6110. Performance of services Upon payment of the fees required by law, the officer shall perform the services required. For every failure or refusal to do so, the officer is liable upon his official bond. (Enacted by Stats. 1943, c. 134.) CHAPTER 3. CRIMES RELATING TO PUBLIC RECORDS, DOCUMENTS, AND CERTIFICATES § 6203. False certificate or writing by officer (a) Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he makes and delivers as true any certificate or writing containing statements which he knows to be false. (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. (Enacted by Stats. 1943, c. 134, Amended by Stats. 2007, c. 399, § 3) Revised 05/05/2008 -2- CHAPTER 7. HOLIDAYS § 6707. Last day for filing an instrument When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. (Added by Stats. 1957, c. 1649.) CHAPTER 8. COMPUTATION OF TIME § 6800. Computation of time in which act is to be done The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Added by Stats. 1951, c. 655.) TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA DIVISION 1. GENERAL CHAPTER 3. NOTARIES PUBLIC § 8200. Appointment and commission; number; jurisdiction The Secretary of State may appoint and commission notaries public in such number as the Secretary of State deems necessary for the public convenience. Notaries public may act as such notaries in any part of this state. Amended by Stats. 1977, c. 1009.) § 8201. Qualifications (a) Every person appointed as notary public shall meet all of the following requirements: (1) Be at the time of appointment a legal resident of this state, except as otherwise provided in Section 8203.1. (2) Be not less than 18 years of age. (3) For appointments made on or after July 1, 2005, have satisfactorily completed a six-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public. (4) Have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of the office of notary public. All questions shall be based on the law of this state as set forth in the booklet of the laws of California relating to notaries public distributed by the Secretary of State. (b) (1) Commencing July 1, 2005, each applicant for notary public shall provide satisfactory proof that he or she has completed the course of study required pursuant to paragraph (3) of subdivision (a) prior to approval of his or her appointment as a notary public by the Secretary of State. (2) Commencing July 1, 2005, an applicant for notary public who holds a California notary public commission, and who has satisfactorily completed the six-hour course of study required pursuant to paragraph (1) at least one time, shall provide satisfactory proof when applying for reappointment as a notary public that he or she has satisfactorily completed a three-hour refresher course of study prior to reappointment as a notary public by the Secretary of State. Revised 05/05/2008 -3- (Stats. 1943, c. 134, p. 995, § 8201. Amended by Stats. 1955, c. 244, p. 706, § 1; Stats. 1959, c. 1970, p. 4573, § 2; Stats. 1961, c. 1470, p. 3319, § 1; Stats. 1967, c. 1139, p. 2812, § 2; Stats. 1968, c. 683, p. 1380, § 1; Stats. 1972, c. 579, p. 1001, § 21; Stats. 1973, c. 826, p. 1473, § 1; Stats. 1977, c. 1009, p. 3034, § 2; Stats. 2003, c. 513, § 1; Stats. 2004, c. 539 § 1.) § 8201.1. Additional qualifications; determination; identification; fingerprints (a) Prior to granting an appointment as a notary public, the Secretary of State shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. To assist in determining the identity of the applicant and whether the applicant has been convicted of a disqualifying crime specified in subdivision (b) of Section 8214.1, the Secretary of State shall require that applicants be fingerprinted. (b) Applicants shall submit to the Department of Justice fingerprint images and related information required by the department for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the department establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal. (c) The department shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information. (d) The department shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (e) The Secretary of State shall request from the department subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for each person who submitted information pursuant to subdivision (a). (f) The department shall charge a fee sufficient to cover the cost of processing the requests described in this section. (Added by Stats. 1977, c. 1009, Amended by Stats. 2007, c. 399, § 4) § 8201.2. (a) The Secretary of State shall review the course of study proposed by any vendor to be offered pursuant to paragraph (3) of subdivision (a) and paragraph (2) of subdivision (b) of Section 8201. If the course of study includes all material that a person is expected to know to satisfactorily complete the written examination required pursuant to paragraph (4) of subdivision (a) of Section 8201, the Secretary of State shall approve the course of study. (b) (1) The Secretary of State shall, by regulation, prescribe an application form and adopt a certificate of approval for the notary public education course of study proposed by a vendor. (2) The Secretary of State may also provide a notary public education course of study. (c) The Secretary of State shall compile a list of all persons offering an approved course of study pursuant to subdivision (a) and shall provide the list with every booklet of the laws of California relating to notaries public distributed by the Secretary of State. (d) (1) A person who provides notary public education and violates any of the regulations adopted by the Secretary of State for approved vendors is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation and shall be required to pay restitution where appropriate. Revised 05/05/2008 -4- (2) The local district attorney, city attorney, or the Attorney General may bring a civil action to recover the civil penalty prescribed pursuant to this subdivision. A public prosecutor shall inform the Secretary of State of any civil penalty imposed under this section. (Added by Stats. 2003, c. 513, § 2, Amended by Stats. 2007, c. 399, § 5.) § 8201.5. Application form; confidential nature; use of information The Secretary of State shall require an applicant for appointment and commission as a notary public to complete an application form and submit a photograph of their person as prescribed by the Secretary of State. Information on this form filed by an applicant with the Secretary of State, except for his or her name and address, is confidential and no individual record shall be divulged by an official or employee having access to it to any person other than the applicant, his or her authorized representative, or an employee or officer of the federal government, the state government, or a local agency, as defined in subdivision (b) of Section 6252 of the Government Code, acting in his official capacity. That information shall be used by the Secretary of State for the sole purpose of carrying out the duties of this chapter. (Added by Stats. 1969, c. 1313, Amended by Stats. 2007, c. 399, § 6.) 8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from 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. (b) To any affidavit subscribed and sworn to before a notary, there shall be attached a jurat in the following form: State of California County of _______________ Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Seal____________________________ Signature_______________________ (Added by Stats. 2004, c. 539 § 2, Amended by Stats. 2007, c. 399, § 7.) § 8202.5. State, county and school district employees; certificates; expenses The Secretary of State may appoint and commission the number of state, city, county, and public school district employees as notaries public to act for and on behalf of the governmental entity for which appointed which the Secretary of State deems proper. Whenever a notary is appointed and commissioned, a duly authorized representative of the employing governmental entity shall execute a certificate that the appointment is made for the purposes of the employing governmental entity, and whenever the certificate is filed with any state or county officer, no fees shall be charged by the officer for the filing or issuance of any document in connection with the appointment. The state or any city, county, or school district for which the notary public is appointed and commissioned pursuant to this section may pay from any funds available for its support the premiums on any bond and the cost of any stamps, seals, or other supplies Revised 05/05/2008 -5- required in connection with the appointment, commission, or performance of the duties of the notary public. Any fees collected or obtained by any notary public whose documents have been filed without charge and for whom bond premiums have been paid by the employer of the notary public shall be remitted by the notary public to the employing agency which shall deposit the funds to the credit of the fund from which the salary of the notary public is paid. (Amended by Stats. 1986, c. 1019, § 1.) § 8202.7. Private employers; agreement to pay premium on bonds and costs of supplies; remission of fees to employer A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public. Such agreement may also provide for the remission of fees collected by such notary public to the employer, in which case any fees collected or obtained by such notary public while such agreement is in effect shall be remitted by such notary public to the employer which shall deposit such funds to the credit of the fund from which the compensation of the notary public is paid. (Added by Stats. 1977, c. 197.) § 8202.8. Private employers; limitation on provision of notarial services Notwithstanding any other provision of law, a private employer of a notary public who has entered into an agreement with his or her employee pursuant to Section 8202.7 may limit, during the employee’s ordinary course of employment, the providing of notarial services by the employee solely to transactions directly associated with the business purposes of the employer. (Added by Stats. 1981, c. 236, § 1.) § 8203.1. Military and naval reservations; appointment and commission of notaries; qualifications The Secretary of State may appoint and commission notaries public for the military and naval reservations of the Army, Navy, Coast Guard, Air Force, and Marine Corps of the United States, wherever located in the state; provided, however, that the appointee shall be a citizen of the United States, not less than 18 years of age, and must meet the requirements set forth in paragraphs (3) and (4) of subdivision (a) of Section 8201. (Added by Stats. 1947, c. 1360, p. 2911. § 1. Amended by Stats. 1955, c. 244, p. 707, § 2; Stats. 1959, c. 1970, p. 4574, § 4: Stats. 1967, c. 1139, p. 2813, § 3; Stats. 1972, c. 579, p. 1002, § 22; Stats. 1977, c. 1009, p. 3034, § 7: Stats. 2003, c. 513, § 3.) § 8203.2. Military and naval reservations, recommendation of commanding officer; jurisdiction of notary Such notaries public shall be appointed only upon the recommendation of the commanding officer of the reservation in which they are to act, and they shall be authorized to act only within the boundaries of this reservation. (Added by Stats. 1947, c. 1360.) § 8203.3. Military and naval reservations, qualifications of notaries In addition to the qualifications established in Section 8203.1, appointment will be made Revised 05/05/2008 -6- only from among those persons who are federal civil service employees at the reservation in which they will act as notaries public. (Amended by Stats. 1955, c. 244.) § 8203.4. Military and naval reservations; term of office; termination; resignation The term of office shall be as set forth in Section 8204, except that the appointment shall terminate if the person shall cease to be employed as a federal civil service employee at the reservation for which appointed. The commanding officer of the reservation shall notify the Secretary of State of termination of employment at the reservation for which appointed within 30 days of such termination. A notary public whose appointment terminates pursuant to this section will have such termination treated as a resignation. (Amended by Stats. 1977, c. 1009.) § 8203.5. Military and naval reservations, jurat In addition to the name of the State, the jurat shall also contain the name of the reservation in which the instrument is executed. (Amended by Stats. 1959, c. 1970.) § 8203.6. Military and naval reservations, fees No fees shall be collected by such notaries public for service rendered within the reservation in the capacity of a notary public. (Added by Stats. 1947, c. 1360.) § 8204. Term of office The term of office of a notary public is for four years commencing with the date specified in the commission. (Amended by Stats. 1977, c. 1009.) § 8204.1. Cancellation of commission The Secretary of State may cancel the commission of a notary public if a check or other remittance accepted as payment for the examination, application, commission, and fingerprint fee is not paid upon presentation to the financial institution upon which the check or other remittance was drawn. Upon receiving written notification that the item presented for payment has not been honored for payment, the Secretary of State shall first give a written notice of the applicability of this section to the notary public or the person submitting the instrument. Thereafter, if the amount is not paid by a cashier’s check or the equivalent, the Secretary of State shall give a second written notice of cancellation and the cancellation shall thereupon be effective. This second notice shall be given at least 20 days after the first notice, and no more than 90 days after the commencement date of the commission. (Added by Stats. 1997, c. 319, § 2.) § 8205. Duties (a) It is the duty of a notary public, when requested: (1) To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws Revised 05/05/2008 -7- of any other state, government, or country, may be performed by notaries. (2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary public’s own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete. (3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary public’s own handwriting. (4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary public’s own handwriting. (b) It shall further be the duty of a notary public, upon written request: (1) To furnish to the Secretary of State certified copies of the notary’s journal. (2) To respond within 30 days of receiving written requests sent by certified mail from the Secretary of State’s office for information relating to official acts performed by the notary. (Amended by Stats. 1995, c. 300, § 1, eff. Aug. 3, 1995; Stats. 1995, c. 570, § 1; Stats. 1997, c. 319, § 3; Stats. 1999, c. 658, § 1, operative July 1, 2000.) § 8206. Sequential journal; contents; deeds affecting real property; copies of pages (a) (1) A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal 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. (2) The journal shall be in addition to and apart from any copies of notarized documents that may be in the possession of the notary public and shall include all of the following: (A) Date, time, and type of each official act. (B) Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary. (C) The signature of each person whose signature is being notarized. (D) A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document. (E) If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identity. (F) The fee charged for the notarial service. Revised 05/05/2008 -8- (G) If the document to be notarized is a deed, quitclaim deed, deed of trust affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance. (b) If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts. (c) Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page. (d) The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes the journal shall notify the Secretary of State by facsimilie within 24 hours, or as soon possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employer’s business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall Revised 05/05/2008 -9- be the responsibility of that employer. (e) The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested. (f) Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal. (Added by Stat. 1992, c. 815, § 2, operative Jan. 1, 1996. Amended by Stats. 1995, c. 569, § 1, operative Jan. 1, 1996; Stats. 1995, c. 570, § 2.5, operative Jan. 1, 1996; Stats. 1997, c. 319, § 4; Stats. 2004, c. 539 § 3, Stats. 2007, c. 399, § 8.) § 8206.5. Upon receiving a request for a copy of a transaction pursuant to subdivision (c) of Section 8206, the notary shall respond to the request within 15 business days after receipt of the request and either supply the photostatic copy requested or acknowledge that no such line item exists. In a disciplinary proceeding for noncompliance with subdivision (c) of Section 8206 or this section, a notary may defend his or her delayed action on the basis of unavoidable, exigent business or personal circumstances. (Added by Stat. 2007, c. 496, § 1) § 8207. Seal 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, c. 319, § 5.) Revised 05/05/2008 -10- § 8207.1. Identification number 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, c. 828, § 3. Section operative January 1, 1992, by its own provisions.) § 8207.2. Manufacture, duplication, and sale of seal or stamp; procedures and guidelines for issuance of seals; certificate of authorization (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, c. 828, § 4. Section operative January 1, 1992, by its own provisions.) § 8207.3. Certificates of authorization; authorization to provide seal; lost, misplaced, damaged or otherwise unworkable seal (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, c. 828, § 5. Section operative January 1, 1992, by its own provisions.) § 8207.4. Violations; penalties (a) Any person who willfully violates any part of Section 8207.1, 8207.2, 8207.3, or 8207.4 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 Revised 05/05/2008 -11- 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. (Added by Stats. 1990, c. 828, § 6. Section operative January 1, 1992, by its own provisions.) § 8208. Protest of bill or note for nonacceptance or nonpayment The protest of a notary public, 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. 1983, c. 142, § 29.) § 8209. Resignation, disqualification or removal of notary; records delivered to clerk; misdemeanor; death; destruction of records (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, c. 1543, § 4.) § 8211. Fees 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 ten dollars ($10) for each signature taken. (b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of ten dollars ($10). (c) For all services rendered in connection with the taking of any deposition, the sum of twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition. (d) For every protest for the nonpayment of a promissory note or for the nonpayment or nonacceptance of a bill of exchange, draft, or check, the sum of ten dollars ($10). Revised 05/05/2008 -12- (e) For serving every notice of nonpayment of a promissory note or of nonpayment or nonacceptance of a bill of exchange, order, draft, or check, the sum of five dollars ($5). (f) For recording every protest, the sum of five dollars ($5). (g) No fee may be charged to notarize signatures on absentee ballot identification envelopes or other voting materials. (h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of ten dollars ($10). (i) In accordance with Section 6107, no fee may be charge 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. 1993, c. 1044, § 2; Stats. 1995, c. 300, § 2, eff. Aug. 3, 1995; Stats. 2000, c. 194, § 1.) § 8212. Bond; amount; form 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, c. 79, § 1.) § 8213. Bonds and oaths; filing; certificate; copy of oath as evidence; transfer to new county; fees (a) No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof. (b) If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond. (c) If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name Revised 05/05/2008 -13- change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable. (d) The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder. (e) The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording. (Amended by Stats. 1995, c. 570, § 3; Stats. 1996, c. 97, § 2.) § 8213.5. Change in location or address; notice A notary public shall notify the Secretary of State by certified mail 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. 1995, c. 570, § 4, Stats. 2007, c. 399, § 9.) § 8213.6. Name change 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). (Added by Stats. 1995, c. 570, § 5, Amended by Stats. 2007, c. 399, § 10.) § 8214. Misconduct or neglect 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, c. 517, § 248.) § 8214.1. Grounds for refusal, revocation or suspension of commission The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: (a) Substantial and material misstatement or omission in the application submitted to the Secretary of State to become a notary public. (b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo Revised 05/05/2008 -14- contendere is deemed to be a conviction within the meaning of this subdivision. (c) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct based on dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public. (d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public. (e) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or for a violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public. (f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law. (g) The practice of law in violation of Section 6125 of the Business and Professions Code. (h) Charging more than the fees prescribed by this chapter. (i) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another. (j) Failure to complete the acknowledgment at the time the notary’s signature and seal are affixed to the document. (k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205. (l) Execution of any certificate as a notary public containing a statement known to the notary public to be false. (m) Violation of Section 8223. (n) Failure to submit any remittance payable upon demand by the Secretary of State under this chapter or failure to satisfy any court-ordered money judgment, including restitution. (o) Failure to secure the sequential journal of official acts, pursuant to Section 8206, or the official seal, pursuant to Section 8207, or willful failure to report the theft or loss of the sequential journal, pursuant to subdivision (b) of Section 8206. (p) Violation of Section 8219.5. (q) Commission of an act in violation of Section 6203, 8214.2, 8225, or 8227.3 of the Government Code or of Section 115, 470, 487, or 530.5 of the Penal Code. (r) Willful failure to provide access to the sequential journal of official acts upon request by a peace officer. (Amended by Stats. 1995, c. 570, § 6; Stats. 1997, c. 319, § 6; Stats. 1998, c. 879, § 28, Stats. 2007, c. 399, § 11.) § 8214.2. Fraud relating to deed of trust; single-family residence; felony (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 provide by this section is not an exclusive remedy and does not affect any other relief provided by law. (Added by Stats. 1984, c. 1397, § 4, Amended by Stats. 2007, c. 399, § 12.) § 8214.3. Hearing prior to denial or revocation of commission or imposition of civil penalties; law governing; exceptions 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 Revised 05/05/2008 -15- 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, c. 664, § 2.) § 8214.4. Resignation or expiration of commission not a bar to investigation or disciplinary proceedings 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, c. 142, § 31.) § 8214.5. Revocation of commission; filing copy with county clerk 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, c. 1009.) § 8214.15. Civil penalties (a) In addition to any commissioning or disciplinary sanction, a violation of subdivision (f), (i), (l), (m), or (p) 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. (Added by Stats. 1993, c. 664, § 1. Amended by Stats. 1998, c. 879, § 29, Stats. 2007, c. 399, § 13.) Revised 05/05/2008 -16- § 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. § 8216. Release of surety 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, c. 517, § 249.) § 8219.5. Advertising in language other than English; posting of notice relating to legal advice and fees; translation of notary public into Spanish; suspension (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. 1993, c. 1044, § 3; Stats. 1998, c. 879, § 30.) § 8220. Rules and regulations 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 4.5 (commencing with Section 11371) of Part 1 of Division 3 of this title. (Added by Stats. 1977, c. 1009.) § 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 Revised 05/05/2008 -17- enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section. (Added by Stats. 1977, c. 1009, Amended by Stats. Stats. 2007, c. 399, § 14.) §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, c. 399, § 15.) § 8221. Destruction, defacement or concealment of records or papers; misdemeanor; liability for damages (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. (Added by Stats. 1977, c. 1009, Amended by Stats. 2007, c. 399, § 16.) § 8222. Injunction; reimbursement for expenses (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, c. 517, § 252.) § 8223. Notary public with expertise in immigration matters; prohibition against advertising status as notary public; change in immigration status; fees (a) No 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 advertise in any manner whatsoever that he or she is a notary public. Revised 05/05/2008 -18- (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 ten dollars ($10) 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) Nothing in this section shall 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 may not enter data provided by a client on immigration forms nor otherwise perform the services of an immigration consultant. (Amended by Stats. 1998, c. 879, § 31; Stats. 2000, c. 194, § 2.) § 8224. Conflict of interest; financial or beneficial interest in transaction; exceptions 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, c. 1009.) § 8224.1. Writings, depositions or affidavits of notary public; prohibitions against proof or taking by that notary public 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, c. 1009.) § 8225. Improper notarial acts, solicitation, coercion or influence of performance; misdemeanor (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 Revised 05/05/2008 -19- any other relief or remedy provided by law. (Added by Stats. 1977, c. 1009, Amended by Stats. 2007, c. 399, § 17.) § 8227.1. Unlawful acts by one not a notary public; misdemeanor 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, c. 1009.) § 8227.3. Unlawful acts by one not a notary public; deeds of trust on single-family residences; felony 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, c. 1397, § 5.) § 8228. Enforcement of chapter; examination of notarial books, records, etc. 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. (Added by Stats. 1977, c. 1009, Amended by Stats. 2007, c. 399, § 18.) 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. (Added by Stats. 2005, c. 295, sec. 4, Amended by Stats. 2007, c. 399, § 19.) § 8230. Identification of affiant; verification 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 Revised 05/05/2008 -20- 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, c. 1009.) TITLE 3. GOVERNMENT OF COUNTIES DIVISION 2. OFFICERS PART 3. OTHER OFFICERS CHAPTER 6. RECORDER ARTICLE 1. DUTIES GENERALLY § 27201.5 (a) A notary acknowledgment shall be deemed complete for recording purposes without a photographically reproducible official seal of the notary public if the seal, as described in Section 8207, is present and legible, and the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date are typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. (b) If a request for a certified copy of a birth or death record is received by mail, a notarized statement sworn under penalty of perjury shall accompany the request, stating that the requester is an authorized person, as defined by law. (Added by Stats. 2004, c. 6, § 2, eff. Jan. 22, 2004.) ARTICLE 3. DOCUMENTS TO BE RECORDED § 27287. … before an instrument can be recorded its execution shall be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation, or, except for any quitclaim deed or grant deed other than a trustee’s deed or a deed of reconveyance, mortgage, deed of trust, or security agreement, proved by subscribing witness or as provided in Sections 1198 and 1199 of the Civil Code, and the acknowledgment or proof certified as prescribed by law. (Amended by Stats. 1993, c. 282, § 1; Stats. 1994, c. 587, § 10;Stats. 1997, c. 319, § 7. ARTICLE 5. FEES § 27361. (a) The fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded is four dollars ($4) for recording the first page and three dollars ($3) for each additional page, except the recorder may charge additional fees as follows: (1) If the printing on printed forms is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch measured horizontally for not less than 3 inches in one sentence, the recorder shall charge one dollar ($1) extra for each page or sheet on which printing appears excepting, however, the extra charge shall not apply to printed Revised 05/05/2008 -21- words which are directive or explanatory in nature for completion of the form or on vital statistics forms. Fees collected under this paragraph are not subject to subdivision (b) or (c). (2) If a page or sheet does not conform with the dimensions described in subdivision (a) of Section 27361.5, the recorder shall charge three dollars ($3) extra per page or sheet of the document. The extra charge authorized under this paragraph shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents. Fees collected under this paragraph are not subject to subdivision (b) or (c). (b) One dollar ($1) of each three dollar ($3) fee for each additional page shall be deposited in the county general fund. (c) Notwithstanding Section 68085, one dollar ($1) for recording the first page and one dollar ($1) for each additional page shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents. (Added by Stats. 1947, c. 424, p. 1165, § 1. Amended by Stats. 1955, c. 542, p. 1011, § 1; Stats. 1957, c. 954, p. 2197, § 2, eff. June 8, 1957; Stats. 1971, c. 59, p. 77, § 1; Stats. 1984, c. 1156, § 1; Stats. 1988, c. 344, § 1; Stats. 1991, c. 331, § 2, eff. Aug. 5, 1991; Stats. 1991, c. 1168, § 2.5, eff. Oct. 14, 1991; Stats. 1992, c. 87, § 4, operative July 1, 1994; Stats. 1997, c. 850, § 26; Stats. 1998, c. 146, § 3.) § 27361.5. (a) As used in Section 27361, a page shall be one printed side of a single piece of paper being 81/2 inches by 11 inches. (b) A sheet shall be one printed side of a single piece of paper which is not exactly 8½ inches by 11 inches but not greater than 8½ inches by 14 inches. (Added by Stats. 1992, c. 87, § 6, operative July 1, 1994.) § 27361.7. Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the recorder may require the person presenting it for record to substitute a legible original document or to prepare a legible copy of the first document by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. The handwritten or typewritten legible copy shall be certified by the party creating the copy under penalty of perjury as being a true copy of the original. As used in this section, the word "text" includes the notary seal, certificates, and other appendages thereto. (Amended by Stats. 1981, Ch. 187, § 1.) TITLE 7. PLANNING AND LAND USE DIVISION 2. SUBDIVISIONS CHAPTER 2. MAPS ARTICLE 2. FINAL MAPS § 66436. (a) A statement, signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required, *** (c) A notary acknowledgment shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary’s Revised 05/05/2008 -22- principal place of business, and the notary’s commission expiration date are typed or printed below or immediately adjacent to the notary’s signature in the acknowledgment. (Amended by Stats. 1989, Ch. 847, Sec. 5.) CIVIL CODE PRELIMINARY PROVISIONS § 14. Words and phrases; construction; tense; gender; number Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well as a natural person; county includes city and county; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it, by a person who writes his own name as a witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto. *** (Amended by Stats. 1903, Ch. 281.) DIVISION 2. PROPERTY PART 4. ACQUISITION OF PROPERTY TITLE 4. TRANSFER CHAPTER 4. RECORDING TRANSFERS ARTICLE 3. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS § 1181. Notaries public; city or county officers The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified below was elected or appointed, before either: (a) A clerk of a superior court. (b) A county clerk. (c) A court commissioner. (d) A retired judge of a municipal or justice court. (e) A district attorney. (f) A clerk of a board of supervisors. (g) A city clerk. (h) A county counsel. (i) A city attorney. (j) Secretary of the Senate. (k) Chief Clerk of the Assembly. (Amended by Stats. 1986, c. 1417, § 2; Stats. 1992, c. 876, § 3; Stats. 1998, c. 931, § 13, eff. Sept. 28, 1998; Stats. 1999, c. 20, § 2; Stats. 2002, c. 784, § 12.) § 1182. The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer, before any of the Revised 05/05/2008 -23- following: (1) A justice, judge, or clerk of any court of record of the United States. (2) A justice, judge, or clerk of any court of record of any state. (3) A commissioner appointed by the Governor or Secretary of State for that purpose. (4) A notary public. (5) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment. (Amended by Stats. 1971, Ch. 1611.) Revised 05/05/2008 -24- § 1183. The proof or acknowledgment of an instrument may be made without the United States, before any of the following: (a) A minister, commissioner, or charge d’affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made. (b) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made. (c) A judge of a court of record of the country where the proof or acknowledgment is made. (d) Commissioners appointed by the Governor or Secretary of State for that purpose. (e) A notary public. If the proof or acknowledgment is made before a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is made, or (2) by any American diplomatic officer, consul general, consul, vice consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. (Amended by Stats. 1984, c. 1017, § 1.) § 1183.5. Notarial acts Armed forces. Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510) and any successor statutes may perform all notarial acts for any person serving in the armed forces of the United States, wherever he or she may be, or for any spouse of a person serving in the armed forces, wherever he or she may be, or for any person eligible for legal assistance under laws and regulations of the United States, wherever he or she may be, for any person serving with, employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands, and any person subject to the Uniform Code of Military Justice outside of the United States. Statement of execution; seal or authentication of certificate. Any instrument acknowledged by any such officer or any oath or affirmation made before such officer shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No seal or authentication of the officer’s certificate of acknowledgment or of any jurat signed by him or her shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in a form authorized by the laws of this state or in the following form: On this the ___ day of ____, 19_, before me _____, the undersigned officer, personally appeared _____ known to me (or satisfactorily proven) to be (a) serving in the armed forces of the United States, (b) a spouse of a person serving in the armed forces of the United States, or (c) a person serving with, employed by, or accompanying the armed forces of the United States outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same. And the undersigned does further certify that he or she is at the date of this certificate a commissioned officer of the armed forces of the United States having the general powers of a notary public under the provisions of Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510). _______________________________________ Revised 05/05/2008 -25- _______________________________________ Signature of officer, rank, branch of service and capacity in which signed. Jurat; form. To any affidavit subscribed and sworn to before such officer there shall be attached a jurat substantially in the following form: Subscribed and sworn to before me on this ____ day of _______, 19__. _______________________________________ _______________________________________ Signature of officer, rank, branch of service and capacity in which signed. Recitals and evidence. The recitals contained in any such certificate or jurat shall be prima facie evidence of the truth thereof, and any certificate of acknowledgment, oath or affirmation purporting to have been made by any commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard shall, notwithstanding the omission of any specific recitals therein, constitute presumptive evidence of the existence of the facts necessary to authorize such acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section. (Amended by Stats. 1992, c. 77, § 1; Stats. 1994, c. 587, § 1.) § 1184. When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by a law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal. (Amended by Stats. 1953, Ch. 457.) § 1185. Acknowledgments; requisites (a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is, the individual who is described in and who executed the instrument. (b) For the purposes of this section "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: (1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of any document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty 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 Revised 05/05/2008 -26- secretary of any civil penalty imposed under this subparagraph. (2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of any document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) of this subdivision is true. (3) Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five years: (A) An identification card or driver’s license issued by the California Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Immigration and Naturalization Service: (A) A passport issued by a foreign government. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue drivers’ licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the armed forces of the United States. (E) An inmate identification card issued on or after January 1, 1988, by the Department of Corrections, if the inmate is in custody. (F) An inmate identification card issued prior to January 1, 1988, by the Department of Corrections, if the inmate is in custody. (d) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. (e) Any party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. (f) Any person convicted of perjury under this section shall forfeit any financial interest in the document. (Amended by Stats. 1987, c. 307, § 1; Stats. 1988, c. 842, § 1; Stats. 1993, c. 1044, § 1, Stats. 2007, c. 399, § 1.) § 1188. Certificate of Acknowledgment An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate substantially in the form prescribed in Section 1189. (Amended by Stats. 1990, c. 1070, § 1.) § 1189. Certificate of acknowledgment; form; sufficiency of out of state acknowledgment; force and effect of acknowledgment under prior laws (a)(1) Any certificate of acknowledgment taken within this state shall be in the following form: State of California ) County of _________ ) On __________________ before me, (here insert name and title of the officer), Revised 05/05/2008 -27- personally appeared ________________________________________________ _________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ___________________________ (Seal) (2) 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 not exceeding ten thousand dollars ($10,000). 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) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. (c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. (d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. (Added by Stats. 1990, c. 335, § 2. Amended by Stats. 1990, c. 1070, § 2; Stats. 1991, c. 157, § 1; Stats. 1996, c. 97, § 1, Stats. 2007, c. 399. § 2.) § 1190. Certificate of acknowledgment as prima facie evidence; duly authorized person The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. "Duly authorized person," with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation. (Added by Stats. 1990, c. 1070, § 3.) § 1193. Certificate of acknowledgment; authentication Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are Revised 05/05/2008 -28- required to have official seals. (Enacted 1872.) § 1195. Proof of execution; methods (a) Proof of the execution of an instrument, when not acknowledged, may be made any of the following: 1. By the party executing it, or either of them. 2. By a subscribing witness. 3. By other witnesses, in cases mentioned in Section 1198. (b) Proof of the execution of a grant deed, mortgage, deed of trust, quitclaim deed, or security agreement is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustee’s deed or deed of reconveyance is permitted. (c) Any certificate for proof of execution taken within this state may be in the following form, although the use of other, substantially similar forms is not precluded: State of California) County of _________) ss. On ____ (date), before me, the undersigned, a notary public for the state, personally appeared ____ (subscribing witness’s name), personally known to me (or proved to me on the oath of ____ (credible witness’s name), who is personally known to me) to be the person whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn, deposed and said that he/she was present and saw ____ (name(s) of principal(s)), the same person(s) described in and whose name(s) is/are subscribed to the within and annexed instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute the same, and that said affiant subscribed his/her name to the within instrument as a witness at the request of ____ (name(s) of principal(s)). WITNESS my hand and official seal. Signature ________________________ (Seal) (Amended by Stats. 1997, c. 319, § 1.) § 1196. Subscribing witness; establishment of identity If by a subscribing witness, that witness shall be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness, or shall be proved to be such by the oath of a credible witness who is personally known to the officer taking the proof, as defined in subdivision (b) of Section 1185. (Amended by Stats. 1982, Ch. 197, § 7. Effective May 12, 1982.) § 1197. Subscribing witness; items to be proved The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. Enacted 1872.) DIVISION 3. OBLIGATIONS PART 2. CONTRACTS TITLE 2.5. ELECTRONIC TRANSACTIONS Revised 05/05/2008 -29- § 1633.11. Electronic Notarizations (a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law. (Added by Stats. 1999, c. 428, § 1.) § 1633.12. Electronic Records (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference. (b) A requirement to retain a record in accordance with subdivision (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subdivision (a) by using the services of another person if the requirements of subdivision (a) are satisfied. (d) If a law requires a record to be retained in its original form, or provides consequences if the record is not retained in its original form, that law is satisfied by an electronic record retained in accordance with subdivision (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a). (f) A record retained as an electronic record in accordance with subdivision (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for a specified purpose. (g) This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction. (Added by Stats. 1999, c. 428, § 1.) CODE OF CIVIL PROCEDURE PART 2. OF CIVIL ACTIONS TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS CHAPTER 3. THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY § 338. (f) An action against a notary public on his or her bond or in his or her official capacity except that any cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or his or her agent, of the facts constituting the cause of action; provided, that any action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or his or her agent, of the facts constituting the cause of action or within three years from the performance of the notarial act public on his or her bond or in his or her official capacity shall be commenced within six years. (Amended by Stats. 1982, c. 340, p. 1642, § 1; Stats. 1987, c. 1200, § 1; Stats. 1987, c. 1201, § 1; Stats. 1988, c. 1186, § 1; Stats. 1989, c. 467, § 1; Stats. 1990, c. 669, § 1; Stats. 1995, c. 238, § 1; Stats. 1998, c. 342, § 1.) Revised 05/05/2008 -30- PART 4. MISCELLANEOUS PROVISIONS TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE CHAPTER 3. WRITINGS ARTICLE 3 PRIVATE WRITINGS § 1935. A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness. (Enacted 1872.) TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS CHAPTER 3. ADMINISTRATION OF OATHS AND AFFIRMATIONS § 2093. (a) Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations. (Amended by Stats. 2001, c. 812, § 12.) § 2094. (a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following questions: (1) "Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?" (2) "Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?" (b) In the alternative to the forms prescribed in subdivision (a), the court may administer an oath, affirmation, or declaration in an action or a proceeding in a manner that is calculated to awaken the person’s conscience and impress the person’s mind with the duty to tell the truth. The court shall satisfy itself that the person testifying understands that his or her testimony is being given under penalty of perjury. (Amended by Stats. 2000, c. 688, § 13; Stats. 2002, c. 806, § 17.) PENAL CODE PRELIMINARY PROVISIONS § 17. Felony; misdemeanor; infraction; classification of offenses (a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. (Amended by Stats. 1998, Ch. 960, § 1. Effective January 1, 1999.) PART 1. OF CRIMES AND PUNISHMENTS TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE CHAPTER 4. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS § 115. (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, Revised 05/05/2008 -31- if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. (b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section. (c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons: (1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding. (2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000). (d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense. (Amended by Stats. 1985, Ch. 106, sec. 106.) § 115.5. Filing false or forged documents relating to single-family residences; punishment; false statement to notary public (a) Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or places 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, with knowledge that the document is false or forged, is punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand dollars ($75,000). (b) Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance 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, § 9.) CHAPTER 5. PERJURY AND SUBORNATION OF PERJURY § 118. Perjury defined; evidence necessary to support conviction (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence. (Amended by Stats. 1990, Ch. 950, § 2.) Revised 05/05/2008 -32- § 126. Punishment Perjury is punishable by imprisonment in the state prison for two, three or four years. (Amended by Stats. 1976, Ch. 1139.) TITLE 13. OF CRIMES AGAINST PROPERTY CHAPTER 4. FORGERY AND COUNTERFEITING § 470. (a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery. (b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery. (c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery. (d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier's check, traveler's check, money order, post note, draft, any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false; or any matter described in subdivision (b). (e) Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any forged bill or note, it is not necessary to prove the incorporation of the bank or company by the charter or act of incorporation, but it may be proved by general reputation; and persons of skill are competent witnesses to prove that the bill or note is forged or counterfeited. CHAPTER 8. FALSE PERSONATION AND CHEATS Revised 05/05/2008 -33- § 530. Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received. BUSINESS AND PROFESSIONS CODE DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY CHAPTER 4. ATTORNEYS ARTICLE 7. UNLAWFUL PRACTICE OF LAW § 6125. No person shall practice law in California unless the person is an active member of the State Bar. (Amended by Stats. 1990, c. 1639, § 8.) DIVISION 8. SPECIAL BUSINESS REGULATIONS CHAPTER 19.5. IMMIGRATION CONSULTANTS § 22442.3. An immigration consultant shall not, with the intent to mislead, literally translate, from English into another language, the words or titles, including, but not limited to, "notary public," "notary," "licensed," "attorney," "lawyer," or any other terms that imply that the person is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant. (b) For purposes of this section, "literal translation" of a word or phrase from one language means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated. (c) An immigration consultant may not make or authorize the making of any verbal or written references to his or her compliance with the bonding requirements of Section 22443.1 except as provided in this chapter. (Added by Stats. 1994, Ch. 561, § 2. Effective January 1, 1995.) COMMERCIAL CODE DIVISION 3. NEGOTIABLE INSTRUMENTS CHAPTER 5. DISHONOR § 3505. Protest; Noting for Protest *** (b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. (Added by Stats. 1992, c. 914, § 6.) Revised 05/05/2008 -34- PROBATE CODE DIVISION 4.5. POWERS OF ATTORNEY PART 2. POWERS OF ATTORNEY GENERALLY CHAPTER 2. CREATION AND EFFECT OF POWERS OF ATTORNEY § 4121. A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the principal’s presence and at the principal’s direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. (Added by Stats. 1994, c. 307, § 16. Amended by Stats. 1999, c. 658, § 29, operative July 1, 2000.) CHAPTER 5. RELATIONS WITH THIRD PERSONS § 4307. (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney. (b) A copy of a power of attorney may be certified by any of the following: (1) An attorney authorized to practice law in this state. (2) A notary public in this state. (3) An official of a state or of a political subdivision who is authorized to make certifications. (c) The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney. (d) Nothing in this section is intended to create an implication that a third person may be liable for acting in good faith reliance on a copy of a power of attorney that has not been certified under this section. (Added by Stats. 1994, c. 307, § 16. Amended by Stats. 1995, c. 300, § 9, eff. Aug. 3, 1995.) DIVISION 4.7. HEALTH CARE DECISIONS PART 2. UNIFORM HEALTH CARE DECISIONS ACT CHAPTER 1. ADVANCE CARE DIRECTIVES ARTICLE 1. GENERAL PROVISIONS § 4673. (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date of its execution. (2) The advance directive is signed either by the patient or in the patient’s name by another adult in the patient’s presence and at the patient’s direction. (3) The advance directive is either acknowledged before a notary public or signed by at least two witnesses who satisfy the requirements of Sections 4674 and 4675. (b) An electronic advance health care directive or power of attorney for health care is legally sufficient if the requirements in subdivision (a) are satisfied, except that for the purposes of paragraph (3) of subdivision (a), an acknowledgment before a notary public shall be required, and if a digital signature is used, it meets all of the following Revised 05/05/2008 -35- Revised 05/05/2008 -36- requirements: (1) The digital signature either meets the requirements of Section 16.5 of the Government Code and Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations or the digital signature uses an algorithm approved by the National Institute of Standards and Technology. (2) The digital signature is unique to the person using it. (3) The digital signature is capable of verification. (4) The digital signature is under the sole control of the person using it. (5) The digital signature is linked to data in such a manner that if the data are changed, the digital signature is invalidated. (6) The digital signature persists with the document and not by association in separate files. (7) The digital signature is bound to a digital certificate. (Added by Stats. 1999, c. 658, § 39, operative July 1, 2000; Amended by Stats. 2006, c. 579, § 1) ELECTIONS CODE DIVISION 8. NOMINATIONS PART 1. PRIMARY ELECTION NOMINATIONS CHAPTER 1. DIRECT PRIMARY ARTICLE 5 VERIFICATION OF NOMINATION SIGNATURES § 8080. No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit. (Stats. 1994, c. 920, § 2.)