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California - New Notary Laws

By
Services for Real Estate Pros

These are a few of the most important Laws regarding Notarization in California:

  • No acknowledgment may be taken or jurat executed on the basis of personal knowledge alone.The notary public journal must contain a notation that the identity of the person making an acknowledgment, or taking an oath or affirmation, must be based on “satisfactory evidence” and not “personal knowledge.”
  • A power of attorney document is added to the list of documents that requires a thumbprint in the journal.
  • Certificate of Acknowledgment: Effective January 1, 2008, the California certificate of acknowledgment will
    change. The signer’s identification must be based on “satisfactory evidence” and the certificate must be signed under penalty of perjury. Variations in the California form are not permitted, but the portion of the law regarding acknowledgments to be used with documents to be filed in other states has not changed.
  • Jurat: Effective January 1, 2008, the jurat form will change and any jurat taken within California shall be in the form shown below. Identification of the signer must be based on satisfactory evidence.

Comments(1)

Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Effective January 1, 2015, every certificate of acknowledgment, jurat, and proof of execution by a subscribing witness must include the following disclaimer. The disclaimer must be legible in an enclosed box at the top of the certificate above the venue statement.

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
 
All certificates of acknowledgment, jurats, and proofs of execution completed by a notary public must be worded exactly the same as required by California Civil Code section 1189 (certificate of acknowledgment), California Government Code section 8202 (jurat), and California Civil Code section 1195 (proof of execution by a subscribing witness certificate).
It is not acceptable to affix a notary public seal and signature to a document without the correct notarial wording.
Jun 18, 2015 02:06 AM