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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in California?

Yes, a notary public in the State of California must maintain a notary journal pursuant to Govt. Code 8206 

Journal format

Paper/hardbound or electronic journal acceptable

 

*note - no verbiage exists in CA law that specifics the physical attributes of the journal, thus any journal format is acceptable as long as it adheres to existing law requirements

Journal entry requirements

  • Date, time and type of each official act (notarization)

  • Character of every instrument sworn to, affirmed, acknowledged or proved before the notary (e.g., Deed of trust)

  • The signature of each person whose signature is being notarized

  • A statement that the identity of a person making an acknowledgement or taking an oath of affirmation was based on “satisfactory evidence” pursuant to Civil Code section 1185. If satisfactory evidence was based on;

  1. Paper identification, the journal shall contain the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document;

  2. A single credible witness personally known to the notary public, the journal shall contain the signature of the credible witness or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document establishing the identity of the credible witness; or

  3. Two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the journal shall contain the signatures of the credible witnesses and the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document establishing the identity of the credible witnesses.

  • The fee charged for the notarial service

  • If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal

Journal retention

Indefinitely while commissioned

 

*note - California law does not provide guidance on specific retention periods, only guidance on what to do when you are no longer commissioned

What happens to the journal upon resignation or death?

The journal must be submitted to the county clerk's office where your oath is on file

 

"Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s offce where the oath is on fle. If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall be personally liable for damages to any person injured by that action or inaction. (Government Code section 8209) Any notarial journals, records and papers delivered to the Secretary of State will be returned to the sender"

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of California

No, notaries in the State of California are not authorized to perform remote online notarizations

Reference Links

Helpful resources for California Notaries

  1. California Notary Handbook

  2. “A Notary’s Guide to Completing Journal Entries”

CA Govt Code 8206(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 satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.

  • (E) If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.

  • (F) The fee charged for the notarial service.

  • (G) If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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