Notary Biz Blog

We have all seen signs for notary public services posted around our towns.  Notary public services are available in post offices, banks, and even grocery stores.  A notary public can witness signatures on legal documents, administer legal declarations and oaths and can perform other acts depending on the area of the country that they reside.  Like most other states, to become a notary public in California there are specific qualifications that you need to meet before you can be certified.

To become a notary public in California, you must meet and complete each of these requirements in this order:

·        Be at least 18 years of age or older

·        Be a legal resident of California

·        Complete a Secretary of State approved course of study

·        Pass a written exam

·        Clear a background examination

Prior to being appointed as a notary public you need to complete a Secretary of State approved course of study from an approved vendor.  To find a list of approved vendor in your area, consult the California Secretary of State’s website. 

The classroom instruction will provide the prospective notary public with the training that they will need on the job.  They will receive a full understanding of the responsibilities and duties of a notary public.  They will also learn ways to effectively reduce legal action taken due to misconduct by a notary public.

All students will receive a certificate of completion when they have successfully completed the required six hour classroom instruction.  Once the mandatory course of study is completed, you will need to register for your exam.  The certificate is valid for up to two years, and you will need to present it to sit for your notary public exam.  If the certificate is expired prior to taking the exam, the classroom time will need to be retaken.

Once  notary public exam is passed, you will need to be finger printed and submit to a background examination.  Your exam will expire one year from the date that they test was taken.  If you do not submit for your background examination within the one year period, you will have to retake the test. 

Effective January 1, 2008, all prospective notary publics must submit to a background examination by the FBI as well as the California department of justice.  The background examination must come back clean before appointment of notary public can be issued.  As part of your background examination, you will have to admit any arrest that has a pending court date as well as any convictions.  Convictions dismissed under Penal Code Section 1203.4 and 1203.4a must be disclosed even if they were dismissed.  If you have any questions about arrests or convictions, make sure to contact the California Department of Justice.

All convictions must be disclosed, and the California Secretary of State can recommend denial of your notary public license for any of the following reasons:

·          Failure to disclose any arrest or conviction

·          Conviction of a felony

·        Conviction of a misdemeanor where less than ten years have passed since the completion of probation

When the background examination comes back, the notary public applicant will receive a commission packet.  The packet will include further instructions and a commission certificate.  You will also receive the forms that you need to have your seals manufactured and the instructions to have your final oath and bond issued.

Requirements to become a notary public in the state of California are always changing.  Be sure to check the Secretary of State’s website for any changes that could effect your notary public appointment.

A Notary Public Helps You Protect Your Interests

We would like to believe that the people we do business with are fair and honest, and for the most part, our beliefs are justified. We do business with people that keep up their end of agreements with little more than a verbal agreement. Sometimes, though, whether deliberately or accidentally, a business partnership goes sour. When that happens, given the litigious nature of the modern world, you are going to end up in court. If that happens, a set of notarized documents that spell out the terms and conditions of a business agreement are a key element in protecting your interests.

When rendering a decision, the judge must balance the types of evidence presented in a case. Not all evidence and documentation carries equal weight in the deliberations of a judge. Given a pair of identical documents, whose sole difference is the presence of a valid notary seal, a judge will give more weight to notarized document. Is this unfair? Of course not. A notary public is authorized by a state governing body to verify the identity of persons entering into a formal agreement, and to witness the signing of that agreement. A notary public helps you protect your interests by acting as an officially recognized impartial witness.

A Notary Public Facilitates Business

How willing are you to conduct a large scale transaction with a complete stranger? Using a notary public can help lower the risks of doing business

• Low Cost
• Helps Prevent Fraud
• Can Help in Collections

In the business world, knowing who you are dealing with is always a concern. Although research can reduce some of the uncertainty factor, new business arrangements always carry a certain level of risk. A notary public helps keep business moving by giving you a very affordable extra layer of security against fraud and breach of contract. Simply put, notarizing business agreements lets you concentrate on getting the job done.

Sometimes, a Notary Public Is Required

Depending on the state where you live, the services of a notary public may be required in order to complete some kinds of business. Usually, business that needs the attention of a notary involves the state or local government at some level. Some examples of the kind of transactions that may require the services of a notary are listed here:

• Selling a car
• Selling a house or other real property that is registered with the state
• Transferring financial power of attorney

The types of transactions that require a notary vary from state to state. In some states, the services of a notary may not be required but are often recommended in order for a transaction to be considered durable in a legal sense.

Notary Public: The Short Answer

A notary public is a certified official that is capable of acting as a reliable, impartial witness for the signing of important documents. A notary public is also able to administer oaths and may have other official capacities depending on the jurisdiction.

In the United States, most notary publics charge a nominal fee for their services. Notary publics dispense their official duties by marking documents with their signatures and a distinctive embossed stamp or inked seal. A document which has been witnessed by a notary public has been notarized.

Notary Public: Benefits

The benefits of using a notary public are simple. By certifying the veracity of the signing parties, the notary provides an inexpensive way for organizations and individuals to enter into contracts and conduct business with a reasonable assurance that the notarized documents will be recognized in court.

Using a notary public is a way to protect against fraud, as the notary is responsible for requiring the signer of a legal document to establish his or her identity. Although this is not conclusive proof of identity, it provides reasonable evidence of identity so that every day business can be conducted. A notary also acts as a disinterested third party for parties entering into a legally binding agreement.

Notary Public: More Info, Please

HISTORY

The concept of a notary is as old as the Western concept of civil law, which has its beginnings in the courts of Rome. As the Roman legal system became more codified, the law courts became more and more reliant on the use of scribes for maintaining the court records. These scribes developed a system of legal shorthand, called notae. In time, a legal scribe earned the name notarius.

The name has been handed down through the centuries, living on past the fall of the Roman Empire. During the Middle Ages, the role of the notary public was often taken by the clergy, who were charged with recording private and public transactions, as well as drawing up official documents.

ROLE

Today, a notary public’s duties are somewhat different than the duties of a notarius. In the United States, a notary public has been authorized by a specific body, usually a state government, to perform the services of a notary. These duties are usually confined to the witnessing of documents and the administration of oaths. Some states also allow notary publics to certify copies of official documents

Two of the most common documents that a notary public will witness have to do with the sale or transfer of real property and the granting of power of attorney. A few examples of the documents that a notary public can officially witness include the following:

• Acknowledgements
• Affidavits
• Jurats
• Oaths
• Formal protests

Some states give notary publics significantly more duties. For example notary publics in Louisiana are able to perform most of the duties that a lawyer can provide with the exception of representing another person before a court. Three states–Florida, Maine and South Carolina–allow notary publics to solemnize a marriage ceremony.

Some states will require the notary public to maintain a record of official acts. Although keeping a journal of official acts performed is not mandated by all states, many professional notary organizations recommend that all notaries keep records of their actions.

SIDEBAR: Legal Language

Ever wonder why legal documents are about as clear as mud?

The wording of legal document has to abide by certain customs and restrictions in order to have any binding effect in a court of law. This wording is called acceptable language.

SIDEBAR: Documents and Definitions

Know your jurat from your acknowledgement? Here are the definitions of some of the common documents handled by a notary public.

Acknowledgement: A legal declaration of an act.

Affidavit: A sworn statement of fact

Jurat: A part of an affidavit containing the oath or affirmation.

Becoming a Notary Public

In the United States, each state is responsible for commissioning notary publics to practice within its jurisdiction. In general, the requirements for becoming a notary public are relatively easy to meet. In most states, an applicant must be at least 18 years of age. Most states charge a small fee as part of the application process. Some states require satisfactory performance on an exam before commissioning the notary officer. In some states, the notary is required to hold a bond as insurance in case of a lawsuit leveled against the notary public.