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Chapter 1.
Obtaining and Managing a Commission |
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Part A. Eligibility for Appointment |
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Section 1. Residence/Citizenship Requirement |
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Section 2. Age Requirement |
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Section 3. Course of Study Requirement |
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Section 4. Examination Requirement |
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Section 5. Background Check Requirement |
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Section 6. Application |
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Part B. Commission |
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Section 1. Term of Office |
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Section 2. Geographic Jurisdiction |
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Section 3. Bond |
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Section 4. Public Employee Notaries Public |
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Part C. Managing a Commission |
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Section 1. Filing the Oath and Bond |
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Section 2. Address Change |
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a. Address Requirements |
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i.Business Address |
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ii.Residence Address |
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iii.Mailing Address |
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b.Address Change Procedures |
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Section 3. Name Change |
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Section 4. Responding to Written Requests of the California Secretary of State |
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Section 5. Agreements with Private Employers |
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Chapter II
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Notarial Acts and Procedures |
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Part A: Tools to function as a notary Public |
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Section 1. The notary journal |
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a. One Active Journal |
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b. Securing the Journal |
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c. Sequential Recording of Official Acts |
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d. Copying and Inspection of Journal |
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e. Surrender, Loss or Destruction of Journal |
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Section 2. Seal |
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a. Form of Seal |
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b. Obtaining a Seal |
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c. Securing the Seal |
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d. Use of the Seal |
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e. Lost or Damaged Seal; Destroying Seal |
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Part B. Types of Notary Public Acts and How to Perform the Acts |
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Section 1. Essential Basics |
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a. Examine Document |
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i. Incomplete Documents |
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ii. Foreign Language Documents |
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b. Verify Identity of the Signer |
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i. Satisfactory Evidence |
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ii. Paper Identification Documents |
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iii. Oath or Affirmation of a Single Credible Witness |
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iv. Oath or Affirmation of Two Credible Witnesses |
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c. Recording Journal Entry |
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Section 2. Acknowledgments |
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a. Examine for Completeness |
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b. Confirm Identity of Signer and Acknowledgment of Signature |
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c. Journal Entry |
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i. Sample Journal Entries |
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d. Certificate of Acknowledgment |
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e. Penalties |
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Section 3. Jurats |
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a. Examine for Completeness |
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b. Confirm Identity |
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c. Administer Oath or Affirmation and Witness Signature |
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d. Journal Entry |
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e. Notarial Certificate for a Jurat |
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f. Jurats for Documents with Birthdates and Age |
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Section 4. Proof of Execution by a Subscribing Witness |
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a. Examine for Completeness |
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b. Confirm the Identity of the Credible Witness |
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c. Administer the Oaths or Affirmations |
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d. Journal Entry |
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e. Proof of Execution Certificate |
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Section 5. Signature by Mark |
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Section 6. Certifying Copies |
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a. Certificate |
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b. Journal Entry |
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Section 7. Immigration Documents |
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Section 8. Protests |
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Section 9. Depositions |
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Section 10. Confidential Marriages |
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Part C. Fees |
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Section 1. Maximum Fees Allowed |
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Section 2. Required Fees |
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Section 3. When Fees Cannot Be Charged |
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Chapter III.
Misconduct by Notaries Public or Others Relating to Notarial Acts |
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Part A. Conflict of Interest |
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Section 1. Financial Transactions |
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Section 2. Real Property |
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Section 3. No Conflict of Interest if Acting for Someone Else |
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Part B. Giving Legal Advice/Practicing Law |
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Part C. Reasons for Commission Revocation or Suspension, or Application Denial |
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Part D. Civil Penalties |
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Section 1. $1,500 Penalties Imposed by California Secretary of State on Notaries Public |
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Section 2. $750 Penalties Imposed by California Secretary of State on Notaries Public |
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Section 3. Other Substantial Civil Penalties |
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Part E. Felonies or Possible Felonies |
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Section 1. Frauds Relating to Deed of Trust; Single-Family Residence |
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Section 2. Unlawful Acts by One Not a Notary Public; Deeds of Trust on Single-Family Residences |
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Section 3. Filing False or Forged Documents Relating to Single-Family Residences; False Statements to Notary Public |
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Section 4. Forgery; Signatures or Seals; Corruption of Records |
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Section 5. Perjury |
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Section 6. Conviction |
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Part F. Misdemeanors or Possible Misdemeanors |
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Section 1. Failure to Deliver Records to County Clerk |
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Section 2. Destruction, Defacement or Concealment of Records or Papers |
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Section 3. Improper Notarial Acts, Solicitation, Coercion or Influence of Performance |
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Section 4.Willful Failure to Perform Duty Relating to Official Journal or Control Notarial Seal |
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Section 5. False Certificate or Writing by Officer |
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Section 6. Unlawful Practice of Law |
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Part G. Infractions by Notaries Public |
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Summary of Fines |
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| Final Comments for the Proof of Completion and Notary Exam |