For Clients
What You Should Know About the Notarization Process
What is a Notary?
A Notary Public is a person of required honesty, credibility, truthfulness and integrity appointed by the State of California to serve the public as an impartial witness in performing a variety of acts related to the signing of important documents, taking oaths and affirmations and performing other acts authorized by law (GC 8201.1 and 8205).
What is a Notarization?
Notaries fulfill three important roles when performing notarial acts. They serve the public, act as impartial witnesses, and deter fraud. The Notary protects the document and the public against fraud by fulfilling proper steps to notarization: requires personal appearance; scan the document for completeness; identify and screen the signer; record the journal entry; and complete the notarial certificate.
What to Bring - Proper ID
Identity is established if the Notary is presented with satisfactory evidence of the signer's identity. California permits notaries to accept the following forms of identification, provided they are current or issued within 5 years:
A. Identification Documents:
California driver's license or nondriver's ID
A U.S. passport (or passport card)
An inmate identification card issued by the California Dept. of Corrections and Rehabilitation if the inmate is in prison or any form of inmate identification issued by a sheriff's dept. if the inmate is in custody in a local detention facility.
California also permits the following IDs, provided they include a photograph, signature, description of the person, and a serial or ID number, and provided they are current or issued within 5 years.
a driver's license or official nondriver's ID issued by a U.S. state
Canadian or Mexican driver's license issued by an appropriate public agency
A U.S. military ID
A valid foreign passport from the applicant's country of citizenship
An employee ID issued by an agency or office of a California city, county, or city and county
An identification card issued by a federally recognized tribal government
A valid consular identification document issued by a consulate from the applicant's country of citizenship that meets specific requirements. (Note: Matricula consular cards issued by the government of Mexico do not meet California's statutory requirements.)
B. Oath of a Single Credible Witness that is personally known to the Notary; or
C. Oaths or Two Credible Witness (not known to the Notary)
Acknowledgment
Jurat
Certified Copy of Power of Attorney
Oaths or Affirmation of public office
Which notarial act is right for me?
If the certificate wording is preprinted on the document, the Notary should read the certificate wording to determine the type of notarization to perform.
The Notary must never choose the notarial act or the certificate wording for the document. This would constitute the unauthorized practice of law.
If the certificate wording is not preprinted on the document, a Notary should either refer the signer to an attorney to determine which notarial act is needed; or check with the issuer of the document; or ask the receiving agency what type of notarization they need.
The signer may choose the notarial act themselves. (Acknowledgment: signer proves they are who they say they are; Jurat: the signer signs the document before the Notary, and speaks aloud an oath or affirmation that the statements in the document are true.)
Pledge of Ethical Practice
I am not an attorney and therefore, by law, I cannot explain or interpret the contents of any document for you, instruct you on how to complete a document, or direct you on the advisability of signing a particular document. By doing so I would be engaging in the unauthorized practice of law, and could face legal penalties that include the possibility of incarceration. Any important questions about your document should be addressed to the issuing/receiving agency or an attorney.