Notary Public Handbook - California Page 18
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GENERAL INFORMATION
IMMIGRATION DOCUMENTS
Contrary to popular belief, there is no prohibition against notarizing immigration documents.
However, several laws specifically outline what a notary public can and cannot do. Only a
person who is qualified and bonded as an immigration consultant under the Business and
Professions Code may assist a client in completing immigration forms. A notary public may
not charge any individual more than $10 for each set of forms, unless the notary public is also
an attorney who is rendering professional services as an attorney. (Government Code section
8223)
CONFIDENTIAL MARRIAGE LICENSES
A notary public who is interested in authorizing confidential marriages may apply for approval
to the county clerk in the county in which the notary public resides. A notary public shall not
authorize a confidential marriage unless he or she is approved by the county clerk having
jurisdiction. The county clerk offers a course of instruction, which a notary public must complete
before authorization will be granted. Additionally, in order for a notary public to perform the
marriage, he/she must be one of the persons authorized under Family Code sections 400 to
402, e.g., priest, minister, or rabbi. The county clerk in the county where the notary public
resides may or may not approve the authorizing of confidential marriages. It is best to check
with the county clerk if interested in obtaining approval.
GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION OF
APPOINTMENT AND COMMISSION
The Secretary of State may refuse to appoint any person as notary public or may revoke or
suspend the commission of a notary public for specific reasons. These reasons include but are
not limited to: a substantial misstatement or omission in the application; conviction of a
felony or a disqualifying criminal conviction; failure to furnish the Secretary of State with
certified copies of the notary public journal when requested to do so or to provide information
relating to official acts performed by the notary public; charging more than the fee prescribed
by law; failure to complete the acknowledgment at the time the notary public’s seal and signature
are attached to the document; executing a false certificate; failure to submit to the Secretary of
State any court ordered money judgment, including restitution; failure to secure the sequential
journal or the official seal; illegal advertising. (Government Code sections 8205, 8214.1,
8219.5 and 8223)
In addition, the Secretary of State may deny the notary public application or suspend the
notary public commission of a person who has not complied with child or family support
obligations. (Family Code section 17520)
DISCIPLINARY GUIDELINES
The Secretary of State has instituted disciplinary guidelines in order to facilitate due process
and to maintain consistency in reviewing applications, investigating alleged violations, and
implementing administrative actions. (Government Code section 8220)
The disciplinary guidelines are designed to assist administrative law judges, in addition to
assisting attorneys, notaries public, applicants, and others involved in the disciplinary process.
The disciplinary guidelines are used to determine what disciplinary action will be taken for
violations of notary public law. The disciplinary guidelines are available on the Secretary of
State’s website or can be mailed to you upon request. Please refer to the inside front cover of
this handbook for our website and mailing addresses.
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