A non-attorney notary public posts a Spanish-language sign advertising notary services. Under California law, what must accompany that advertisement?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
California Notary Exam · Immigration
California Notary Exam Practice Questions: Immigration and Foreign-Language Rules (2026)
California bans a notary public from translating the title into Spanish: Government Code § 8219.5(c) prohibits the use of notario publico or notario, and Business and Professions Code § 6126.7 makes the same literal translation unlawful for any non-attorney, with a civil penalty of up to $1,000 per day. Foreign-language advertising must carry a statutory notice that the notary is not an attorney, and under § 8223 a notary who holds themselves out as an immigration consultant may not advertise as a notary at all. These rules exist because the Spanish word notario suggests a legal professional, which a California notary is not.
Practice
Free practice questions
The foreign-language advertising notice requirement for non-attorney notaries applies to written advertisements except for one specific item. What is that exception?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
Which exact wording must appear in the required foreign-language notice posted by a non-attorney notary advertising in another language?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
Who determines how the required foreign-language advertising notice must be printed and posted?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
Translating the phrase "notary public" into Spanish as "notario publico" or "notario" is treated by the statute as what kind of translation, and is it permitted?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
As used in the prohibition on translating "notary public," how does the statute define a "literal translation"?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
What is the minimum suspension period the Secretary of State must impose on a notary who fails to comply with the advertising-notice or notario-publico rules of Section 8219.5?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
What happens to a notary's commission on a second offense of the foreign-language advertising or notario-publico rules?
Based on: Gov. Code § 8219.5: Foreign-language advertising and "notario publico"
A notary public who holds himself out as an immigration specialist or immigration consultant faces what advertising restriction?
Based on: Gov. Code § 8223: Immigration consultant restrictions
A notary public who is properly qualified and bonded as an immigration consultant enters client-provided data on a federal immigration form. What is the maximum fee for that service?
Based on: Gov. Code § 8223: Immigration consultant restrictions
The notario publico ban, twice over
Two separate statutes attack the same abuse from different directions, and the exam expects you to keep them apart. Government Code § 8219.5(c) declares that the literal translation of the phrase notary public into Spanish, as notario publico or notario, is prohibited, defining literal translation as translation without regard to the true meaning of the word in the language being translated. Enforcement is disciplinary and severe: for a first violation of subdivision (a) or (c), § 8219.5(d) directs the Secretary of State to suspend the commission for not less than one year or revoke it, and on the second offense the commission shall be revoked permanently. Business and Professions Code § 6126.7 runs on a parallel track for any non-attorney, notary or not: it prohibits the literal translation of notary public, and of other words such as licensed, attorney or lawyer, on any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, and treats it as a violation of § 6126(a). The State Bar enforces it through a civil action, with a penalty not to exceed $1,000 per day for each violation, commenced within four years, and the collected penalties are directed to funds for free immigration-related legal services or to mitigate unpaid claims of injured immigrant clients.
Advertising notices and immigration paperwork
A California notary who advertises notarial services in a language other than English, by signs or other means of written communication, with the exception of a single desk plaque, must post a notice in English and in the other language under Government Code § 8219.5(a). The notice must contain the exact statement prescribed by the statute, I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters, together with the fees set by statute which a notary public may charge. Immigration paperwork gets its own section: under § 8223(a), a notary who holds himself or herself out as an immigration specialist or consultant may not advertise in any manner whatsoever that he or she is a notary public. A notary may enter data, provided by the client, on immigration forms provided by a federal or state agency only if qualified and bonded as an immigration consultant under Chapter 19.5 of the Business and Professions Code; an unbonded notary may not enter that data nor otherwise perform the services of an immigration consultant. The fee is capped at fifteen dollars ($15) per individual for each set of forms, though separate notarial fees under § 8211 may be collected if notarial services are performed, and the cap does not apply to an attorney-notary rendering professional services on immigration matters. Finally, § 8230 adds a jurat rule: when a sworn statement appears in a document purporting to identify the affiant that includes a birthdate or age plus a photograph or thumbprint, the notary must require the person to verify the birthdate or age with a certified birth certificate or a DMV identification card or driver's license, accepted for preparing federal immigration forms and only for such purposes. Violations of § 8223 and § 8219.5 are express grounds for discipline under § 8214.1(m) and (p).
| Point | Gov. Code § 8219.5(c) | Bus. & Prof. Code § 6126.7 |
|---|---|---|
| Who it covers | Notaries public | Any non-attorney |
| What it bans | Literal translation of notary public as notario publico or notario | The same translation, plus words like licensed, attorney or lawyer implying attorney status |
| Where it applies | Notarial advertising | Any document, including advertisements, stationery, letterhead and business cards |
| Enforced by | Secretary of State discipline | Civil action brought by the State Bar |
| Penalty | First violation: suspension of at least one year or revocation; second: permanent revocation | Civil penalty up to $1,000 per day for each violation |
FAQ
Frequently asked questions
Can a California notary advertise as a notario publico?
No. Government Code § 8219.5(c) prohibits the literal translation of notary public into Spanish as notario publico or notario, and § 8219.5(d) requires the Secretary of State to suspend the commission for at least one year or revoke it for a first violation, with permanent revocation on the second offense. Business and Professions Code § 6126.7 separately bans the same translation for any non-attorney, enforced by the State Bar.
Can a California notary help clients fill in immigration forms?
Only if separately qualified. Under Government Code § 8223(b), a California notary may enter data provided by the client on immigration forms provided by a federal or state agency only when qualified and bonded as an immigration consultant under Chapter 19.5 (commencing with Section 22440) of the Business and Professions Code. Under § 8223(c), an unbonded notary may not enter that data nor otherwise perform the services of an immigration consultant.
How much can a California notary charge for immigration forms?
Fifteen dollars ($15) per individual for each set of forms, under Government Code § 8223(b). If notarial services are performed in relation to the forms, additional fees may be collected pursuant to § 8211, such as the $15 jurat fee. The cap does not apply to an attorney who is also a notary public and is rendering professional services regarding immigration matters.
What must a California notary's foreign-language advertising include?
Under Government Code § 8219.5(a), advertising in a language other than English by signs or other written communication, except a single desk plaque, must carry a notice in English and in the other language stating: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters. The notice must also set out the fees a notary may charge by statute, printed and posted as prescribed by the Secretary of State.
Is the notario ban a ground for losing a California commission?
Yes, twice over. Government Code § 8214.1(p) makes a violation of § 8219.5 a ground for the Secretary of State to refuse, revoke or suspend a commission, and § 8214.1(m) does the same for a violation of the immigration-consultant restrictions in § 8223. On top of the disciplinary track, § 8219.5(d) itself mandates suspension of at least one year or revocation for the first advertising violation.