Notary Public 101 On-line - The Functions and Duties of a California Notary Public
Government Code
8213. Bonds and oaths; filing; certificate; copy of oath as evidence; transfer to new county; name changes; fees
- 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 the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. 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 or any other means of physical delivery that provides a receipt. 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.
- 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.
- 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 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.
- 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.
- 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.
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Unit 6. The Law
GC 8200. Appointment and commission GC 8201. Qualifications; proof; reappointment GC 8201.1. Qualifications; identification; fingerprints GC 8201.2. Educational courses GC 8201.5. Application GC 8202. Jurat; administration of oath GC 8202.5. Government employees GC 8202.7. Private employers; treatment of notary expenses GC 8202.8. Private employers; limitation on notarial services GC 8203.1. Military and naval reservations; appointment; qualifications GC 8203.2. Military and naval; recommendation and jurisdiction GC 8203.3. Military and naval reservations; additional qualifications GC 8203.4. Military and naval; term, termination and resignation GC 8203.5. Military and naval; jurat GC 8203.6. Military and naval; fees GC 8204. Term of office GC 8204.1. Cancellation of commission; failure to pay; notice GC 8205. Duties GC 8206. Notary journal GC 8206.5. Response time for a request GC 8207. Notary seal GC 8207.1. Identification number GC 8207.2. Notary seal; authorized manufacturers GC 8207.3. Notary seal; procurement procedures GC 8207.4. Violations; penalties GC 8208. Protests GC 8209. Resignation, disqualification or removal; records GC 8211. Fees GC 8212. Bond; amount; form GC 8213. Bonds and oaths; filing; transfer; name changes; fees GC 8213.5. Change of address GC 8213.6. Name changes; application; filing GC 8214. Misconduct or neglect GC 8214.1. Grounds for refusal, revocation or suspension of commission GC 8214.15. Civil penalties GC 8214.2. Fraud relating to deed of trust; felony GC 8214.3. Right to hearing GC 8214.4. State right to investigation and disciplinary proceedings GC 8214.5. Revocation of commission; filing copy with county clerk GC 8214.8. Revocation of commission; surrender of seal GC 8214.21. Failure to provide journal; penalty GC 8214.23. Failure to obtain thumbprint; penalty GC 8216. Release of surety GC 8219.5. Advertising requirements and restrictions GC 8220. Rules and regulations GC 8221. Destruction, defacement or concealment of records; misdemeanor GC 8222. Injunction; reimbursement for expenses GC 8223. Immigration issues affecting notaries GC 8224. Conflict of interest; financial or beneficial interest GC 8224.1. Writings, depositions or affidavits of notary public GC 8225. Improper notarial acts, solicitation, coercion; misdemeanor GC 8227.1. Unlawful acts by one not a notary public; misdemeanor GC 8227.3. Unlawful acts; deeds of trust; felony GC 8228. Enforcement of chapter; examination of books GC 8228.1. Failure to perform duty; misdemeanor GC 8230. Identification of affiant; verification GC 1360. Necessity of taking constitutional oath GC 1362. Administration by authorized officer GC 6100. Performance of services; officers; notaries public GC 6107. Veterans GC 6108. Oaths of office; claim against counties GC 6109. Receipt of fees; written account; officer liability GC 6110. Performance of services following payment; officer liability GC 6203. False certificate or writing by officer GC 6707. Last day for filing an instrument GC 6800. Computation of time in which act is to be done GC 27287. Acknowledgment of execution by subscribing witness; exceptions GC 66433. Content and form; application of article GC 66436. Statement of consent; nonliability for omission; acknowledgment CC 14. Words and phrases; construction; tense; gender; number CC 1181. Notaries public; officers before whom proof may be made CC 1183.5. Notarial acts CC 1185. Acknowledgments; requisites CC 1188. Certificate of acknowledgment CC 1189. Certificate of acknowledgment; form CC 1190. Certificate of acknowledgment as prima facie evidence CC 1193. Certificate of acknowledgment; authentication CC 1195. Proof of execution; methods; certificate form CC 1196. Subscribing witness; establishment of identity CC 1197. Subscribing witness; items to be proved CC 1633.11. Notarization and signature under penalty of perjury requirements CC 1633.12. Retaining records; electronic satisfaction CCP 1935. Subscribing witness defined CCP 2093. Officers authorized to administer oaths or affirmations CCP 2094. Oath to witness; form BPC 6125. Unlawful Practice of Law BPC 22441. Definitions; violations BPC 22442.2. Posted notice; required information; written disclosure BPC 22442.3. Literal translations; misleading use; bonding requirements EC 8080. Fee for verification CMC 3505. Protest; Noting for Protest PC 4307. Certified copies of power of attorney PNC 17. Felony; misdemeanor; infraction; classification of offenses PNC 115.5. Filing false or forged documents relating to single-family residences PNC 118. Perjury defined; evidence necessary to support conviction PNC 126. Punishment PNC 470. Forgery; counterfeiting; falsification of documents; fraud PNC 830.3. Peace officers; employing agencies; authority