Notary Public Handbook - California Page 26
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4824
GOVERNMENT CODE
§ 8204.1. Cancellation of Commission; failure to pay; notice
The Secretary of State may cancel the commission of a notary public if a check or other
remittance accepted as payment for the examination, application, commission, and fingerprint
fee is not paid upon presentation to the financial institution upon which the check or other
remittance was drawn. Upon receiving written notification that the item presented for payment
has not been honored for payment, the Secretary of State shall first give a written notice of the
applicability of this section to the notary public or the person submitting the instrument.
Thereafter, if the amount is not paid by a cashier’s check or the equivalent, the Secretary of
State shall give a second written notice of cancellation and the cancellation shall thereupon be
effective. This second notice shall be given at least 20 days after the first notice, and no more
than 90 days after the commencement date of the commission.
§ 8205. Duties
(a) It is the duty of a notary public, when requested:
(1) To demand acceptance and payment of foreign and inland bills of exchange, or promissory
notes, to protest them for nonacceptance and nonpayment, and, with regard only to the
nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that
by the law of nations and according to commercial usages, or by the laws of any other state,
government, or country, may be performed by notaries.
(2) To take the acknowledgment or proof of advance health care directives, powers of attorney,
mortgages, deeds, grants, transfers, and other instruments of writing executed by any person,
and to give a certificate of that proof or acknowledgment, endorsed on or attached to the
instrument. The certificate shall be signed by the notary public in the notary public’s own
handwriting. A notary public may not accept any acknowledgment or proof of any instrument
that is incomplete.
(3) To take depositions and affidavits, and administer oaths and affirmations, in all matters
incident to the duties of the office, or to be used before any court, judge, officer, or board. Any
deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary
public’s own handwriting.
(4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The
certification shall be signed by the notary public in the notary public’s own handwriting.
(b) It shall further be the duty of a notary public, upon written request:
(1) To furnish to the Secretary of State certified copies of the notary’s journal.
(2) To respond within 30 days of receiving written requests sent by certified mail from the
Secretary of State’s office for information relating to official acts performed by the notary.
§ 8206. Sequential journal; contents; thumbprint; loss of journal; copies of pages;
exclusive property of notary public; limitations on surrender
(a) (1) A notary public shall keep one active sequential journal at a time, of all official acts
performed as a notary public. The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the journal shall be cause for the
Secretary of State to take administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to and apart from any copies of notarized documents
that may be in the possession of the notary public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed, acknowledged or proved before the
notary.
(C) The signature of each person whose signature is being notarized.
(D) A statement as to whether the identity of a person making an acknowledgment or taking
an oath or affirmation was based on personal knowledge or satisfactory evidence. If identity
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