California Notary Public Law and Duties
The Statutory Core
A California notary is a public officer commissioned by the Secretary of State, not a state employee. Understand the appointment pipeline: application, bond and oath filed within 30 days of the commission's effective date, and a $15,000 surety bond for the four-year term. The bond protects the public, not the notary; a notary who performs a careless act still bears personal liability. Commissioned notaries must obtain a thumbprint for certain powers of attorney and deeds, keep a sequential journal for every notarial act, and never use a stamp that has expired.
Jurisdiction and Scope
A notary's authority is statewide but limited to California. Never notarize outside state lines, and never certify a copy of a public record such as a birth certificate or a recorded deed. Signature witnessing, acknowledgments, jurats, and copy certifications of original documents (not public records) are the core acts. Refuse any act where the signer's identity is unverified or the signer appears unaware.
Common Traps
Questions love the following: (1) a notary asked to notarize a document with no signature yet - a jurat requires the signer to sign in the notary's presence, while an acknowledgment can be signed beforehand and acknowledged later; (2) a notary who is also a party to the document; (3) an expired commission still using the seal; (4) a notary charging more than the statutory maximum fee. Remember that a notary may not give legal advice or select the certificate for the signer.
Rule of Thumb
If the signer is not physically present, or you cannot positively identify them, stop. Presence and identification precede every act.