Notary Public Handbook - California Page 31
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4829
GOVERNMENT CODE
the county clerk to which the principal place of business was transferred. If the notary public
elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an
official seal which shall include the name of the county to which the notary public has transferred.
In a case where the notary public elects to make a new filing, the same filing and recording
fees are applicable as in the case of the original filing and recording of the bond.
(c) If a notary public submits an application for a name change to the Secretary of State, the
notary public shall, within 30 days from the date an amended commission is issued, file a new
oath of office and an amendment to the bond with the county clerk in which the principal place
of business is located. The amended commission with the name change shall not take effect
unless the filing is completed within the 30-day period. The amended commission with the
name change takes effect the date the oath and amendment to the bond is filed with the county
clerk. If the principal place of business address was changed in the application for name
change, either a new or duplicate of the original bond shall be filed with the county clerk with
the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an
official seal that includes the name of the notary public and the name of the county to which
the notary public has transferred, if applicable.
(d) The recording fee specified in Section 27361 of the Government Code shall be paid by
the person appointed a notary public. The fee may be paid to the county clerk who shall
transmit it to the county recorder.
(e) The county recorder shall record the bond and shall thereafter mail, unless specified to
the contrary, it to the person named in the instrument and, if no person is named, to the party
leaving it for recording.
§ 8213.5. Change in location or address of business or residence; notice
A notary public shall notify the Secretary of State by certified mail within 30 days as to any
change in the location or address of the principal place of business or residence.
§ 8213.6. Name changes; application; filing
If a notary public changes his or her name, the notary public shall complete an application
for name change form and file that application with the Secretary of State. Information on this
form shall be subject to the confidentiality provisions described in Section 8201.5. Upon
approval of the name change form, the Secretary of State shall issue a commission that reflects
the new name of the notary public. The term of the commission and commission number shall
remain the same.
§ 8214. Misconduct or neglect
For the official misconduct or neglect of a notary public, the notary public and the sureties
on the notary public’s official bond are liable in a civil action to the persons injured thereby for
all the damages sustained.
§ 8214.1. Grounds for refusal, revocation or suspension of commission
The Secretary of State may refuse to appoint any person as notary public or may revoke or
suspend the commission of any notary public upon any of the following grounds:
(a) Substantial and material misstatement or omission in the application submitted to the
Secretary of State.
(b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of
a nature incompatible with the duties of a notary public. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this subdivision.
(c) Revocation, suspension, restriction, or denial of a professional license, if the revocation,
suspension, restriction, or denial was for misconduct, for dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary public.
(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a
notary public.
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