Notary Public Handbook - California Page 33
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4831
GOVERNMENT CODE
(a) The Secretary of State has, within one year previous to the application, and after
proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3, denied or revoked the applicant’s application or commission.
(b) The Secretary of State has entered an order pursuant to Section 8214.4 finding that the
applicant has committed or omitted acts constituting grounds for suspension or revocation of
a notary public’s commission.
§ 8214.4. Resignation or expiration of commission not a bar to investigation or
disciplinary proceedings
Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3, if the Secretary of State determines, after proceedings conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, that any notary
public has committed or omitted acts constituting grounds for suspension or revocation of a
notary public’s commission, the resignation or expiration of the notary public’s commission
shall not bar the Secretary of State from instituting or continuing an investigation or instituting
disciplinary proceedings. Upon completion of the disciplinary proceedings, the Secretary of
State shall enter an order finding the facts and stating the conclusion that the facts would or
would not have constituted grounds for suspension or revocation of the commission if the
commission had still been in effect.
§ 8214.5. Revocation of commission; filing copy with county clerk
Whenever the Secretary of State revokes the commission of any notary public, the Secretary
of State shall file with the county clerk of the county in which the notary public’s principal
place of business is located a copy of the revocation. The county clerk shall note such revocation
and its date upon the original record of such certificate.
§ 8214.8.
Revocation upon certain convictions
Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a
person commissioned as a notary public, in addition to any other penalty, the court shall revoke
the commission of the notary public, and shall require the notary public to surrender to the
court the seal of the notary public. The court shall forward the seal, together with a certified
copy of the judgment of conviction, to the Secretary of State.
§ 8216. Release of surety
When a surety of a notary desires to be released from responsibility on account of future
acts, the release shall be pursuant to Article 11 (commencing with Section 996.110), and not
by cancellation or withdrawal pursuant to Article 13 (commencing with Section 996.310), of
Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure. For this purpose the surety shall
make application to the superior court of the county in which the notary public’s principal
place of business is located and the copy of the application and notice of hearing shall be
served on the Secretary of State as the beneficiary.
§ 8219.5. Advertising in language other than English; posting of notice relating to legal
advice and fees; translation of notary public into Spanish; suspension
(a) Every notary public who is not an attorney who advertises the services of a notary public
in a language other than English by signs or other means of written communication, with the
exception of a single desk plaque, shall post with that advertisement a notice in English and in
the other language which sets forth the following:
(1) This statement: I am not an attorney and, therefore, cannot give legal advice about
immigration or any other legal matters.
(2) The fees set by statute which a notary public may charge.
(b) The notice required by subdivision (a) shall be printed and posted as prescribed by the
Secretary of State.
(c) Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario
publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a
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