Which state official has the authority to appoint and commission notaries public in California?
Based on: Gov. Code § 8200: Appointment and commission of notaries
To become a California notary you must be at least 18, be a legal resident of the state, complete a six-hour approved course and pass the written exam, all set out in Government Code § 8201. The Secretary of State appoints notaries under § 8200, and every applicant is fingerprinted for a state and federal background check under § 8201.1. After appointment you have 30 days to file a $15,000 surety bond and your oath of office with your county clerk under §§ 8212 and 8213, and the commission then runs four years under § 8204.
Which state official has the authority to appoint and commission notaries public in California?
Based on: Gov. Code § 8200: Appointment and commission of notaries
What standard guides how many notaries public the Secretary of State may commission?
Based on: Gov. Code § 8200: Appointment and commission of notaries
Within what geographic area may a California notary public perform notarial acts?
Based on: Gov. Code § 8200: Appointment and commission of notaries
What is the minimum age a person must be at the time of appointment as a California notary public?
Based on: Gov. Code § 8201: Qualifications for appointment
Regarding residency, what must a person be at the time of appointment as a California notary public?
Based on: Gov. Code § 8201: Qualifications for appointment
For first-time appointments made on or after July 1, 2005, how many hours of approved study on notary functions and duties must an applicant complete?
Based on: Gov. Code § 8201: Qualifications for appointment
The required six-hour notary course must be approved by the Secretary of State under which statutory section?
Based on: Gov. Code § 8201: Qualifications for appointment
In addition to a course of study, what must every notary applicant satisfactorily complete to demonstrate fitness for the office?
Based on: Gov. Code § 8201: Qualifications for appointment
On what source material must all questions on the notary public written examination be based?
Based on: Gov. Code § 8201: Qualifications for appointment
When must an applicant prove completion of the required course of study relative to the Secretary of State's approval of the appointment?
Based on: Gov. Code § 8201: Qualifications for appointment
Government Code § 8201 sets the gateway requirements. An appointee must be not less than 18 years of age and be, at the time of appointment, a legal resident of this state, with a narrow exception in § 8203.1 for notaries appointed to serve military reservations. For appointments made on or after July 1, 2005, the applicant must have satisfactorily completed a six-hour course of study approved by the Secretary of State under § 8201.2, and passed a written examination prescribed by the Secretary of State. The statute also tells you what to study: all questions are based on the law of this state as set forth in the booklet distributed by the Secretary of State. Under § 8201.1 the Secretary must be satisfied the applicant possesses the required honesty, credibility, truthfulness, and integrity, and applicants are fingerprinted: the prints go to the Department of Justice for a record of state and federal convictions and arrests, and are forwarded to the Federal Bureau of Investigation for a federal summary.
Passing the exam is only the midpoint. Government Code § 8212 requires every appointed notary to execute an official bond in the sum of fifteen thousand dollars ($15,000), executed by an admitted surety insurer and not a deposit in lieu of bond. Then comes the deadline the exam loves: under § 8213(a) you must file that bond and your oath of office in the office of the county clerk of the county where you maintain your principal place of business, no later than 30 days after the beginning of the term prescribed in the commission, and the commission shall not take effect unless this is done within the 30-day period. You may take the oath in the clerk's office or before another notary public in that county, in which case the filing can go in by certified mail or any other means of physical delivery that provides a receipt. The clerk transmits a certificate to the Secretary of State and delivers the bond to the county recorder for recording. The housekeeping duties continue for the whole four-year term of § 8204: a change of address must reach the Secretary of State within 30 days under § 8213.5, a name change needs an application under § 8213.6 (the commission number and term stay the same), and willful failure to report either is an infraction punishable by a fine of up to $500. When a notary resigns, is disqualified or is removed, § 8209 requires all notarial records to be delivered to the county clerk within 30 days; failing to do so is a misdemeanor and carries personal liability for damages.
| Event | Deadline | Statute |
|---|---|---|
| File the oath and $15,000 bond with the county clerk | 30 days from the start of the term, or the commission does not take effect | Gov. Code § 8213(a) |
| Report a change of address to the Secretary of State | 30 days | Gov. Code § 8213.5 |
| Obtain a new seal after transferring counties | 30 days of the new filing | Gov. Code § 8213(b) |
| Deliver records to the county clerk on resignation or removal | 30 days | Gov. Code § 8209 |
| Second notice before cancellation for a dishonored check | At least 20 days after the first notice | Gov. Code § 8204.1 |
| Commission term | 4 years from the date specified in the commission | Gov. Code § 8204 |
Under Government Code § 8201, a California notary applicant must be at least 18 years old, be a legal resident of the state at the time of appointment, complete a six-hour course of study approved by the Secretary of State and pass the written examination. Under § 8201.1 applicants are also fingerprinted for a Department of Justice and FBI background check to confirm honesty, credibility, truthfulness and integrity.
California requires an official bond of $15,000 under Government Code § 8212, executed by an admitted surety insurer and not a deposit in lieu of bond. The bond exists for the public: under § 8214, the notary and the sureties on the official bond are liable in a civil action to persons injured by the notary's official misconduct or neglect, for all the damages sustained.
A California notary commission runs for four years, commencing with the date specified in the commission, under Government Code § 8204. To renew, an applicant who holds a commission and has completed the six-hour course at least once may take a three-hour refresher course prior to reappointment under § 8201(b)(2), then pass the exam and file a new oath and bond.
The commission never starts. Government Code § 8213(a) requires the oath and bond to be filed with the county clerk of the county of your principal place of business no later than 30 days after the beginning of the term prescribed in the commission, and states that the commission shall not take effect unless this is done within the 30-day period.
Yes, by agreement. Government Code § 8202.7 lets a private employer pay the bond premium and the cost of stamps, seals and supplies pursuant to an agreement with an employee who is a notary, with fees remitted to the employer while the agreement is in effect, and § 8202.8 lets that employer limit the employee's notarial services to transactions directly associated with the employer's business. Government-employee notaries under § 8202.5 remit fees to the employing agency.
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