Notary Public Handbook - California Page 17
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4815
GENERAL INFORMATION
POWERS OF ATTORNEY - CERTIFYING
A notary public can certify copies of powers of attorney. A certified copy of a power of
attorney that has been certified by a notary public has the same force and effect as the original
power of attorney. (Probate Code section 4307)
A suggested format for the certification is shown below. Other formats with similar wording
may also be acceptable.
}
State of California
ss.
County of _______________
I
(name of notary public)
, Notary Public, certify that on
(date)
, I examined
the original power of attorney and the copy of the power of attorney. I further certify that
the copy is a true and correct copy of the original power of attorney.
NOTARY PUBLIC SIGNATURE
NOTARY PUBLIC SEAL
NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
NOTARIZATION OF INCOMPLETE DOCUMENTS
A notary public may not notarize a document which is incomplete. If presented with a
document for notarization, which the notary public knows from his or her experience to be
incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize
the document. (Government Code section 8205)
CERTIFIED COPIES
California statute specifies that a notary public may only certify copies of powers of attorney
under Probate Code section 4307, and copies of his or her notary public journal. (Government
Code sections 8205(a)(4) and 8205(b)(1))
Certified copies of birth, fetal death, death, and marriage records may be made only by the
State Registrar, by duly appointed and acting local registrars during their term of office, and
by county recorders. (Health & Safety Code section 103545)
ILLEGAL ADVERTISING
California law requires any non-attorney notary public who advertises notarial services in a
language other than English to post a prescribed notice, in English and the other language, that
the notary public is not an attorney and cannot give legal advice about immigration or any
other legal matters. The notary public must also list the fees set by statute which a notary
public may charge for notarial services. In any event, a notary public may not translate the
term “Notary Public,” defined as “notario publico” or “notario,” into Spanish, even if the
prescribed notice is also posted. A first offense of this law is grounds for the suspension or
revocation of a notary public’s commission. A second offense shall be grounds for the permanent
revocation of a notary public’s commission. (Government Code section 8219.5)
A notary public is legally barred from advertising in any manner whatsoever that he or she is
a notary public if the notary public promotes himself or herself as an immigration specialist or
consultant. (Government Code section 8223)
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