2026 Legal Reference•California Law

California Notary Public Handbook Enriched Statutory Glossary

Official statutory reference citing California Secretary of State (Cal. Gov. Code § 8200 et seq.). Master these precise definitions to ace your state examination.

Showing 25 California statutory termsCalifornia Secretary of State (Cal. Gov. Code § 8200 et seq.)
Notarial Acts#acknowledgment

Acknowledgment

Civil Code §§ 1185, 1189; Gov. Code § 8205(a)(2)

A formal declaration by a signer before a notary public that they executed a document voluntarily. The notary verifies the signer's identity based on satisfactory evidence and completes a statutory certificate under penalty of perjury. Pre-signed documents are permitted.

Related Concepts:
JuratSatisfactory EvidenceCertificate of Acknowledgment
Notarial Acts#jurat

Jurat

Government Code § 8202; Civil Code § 1185

A notarial certificate attached to an affidavit or sworn statement certifying that the affiant personally appeared, took an oath or affirmation administered by the notary, and signed the document in the physical presence of the notary.

Related Concepts:
AcknowledgmentOathAffidavitPerjury
Legal Documents#affidavit

Affidavit

Code of Civil Procedure § 2003; Gov. Code § 8202

A written declaration of facts made voluntarily under oath or affirmation administered by an authorized officer (such as a notary public). Execution requires a completed jurat certificate.

Related Concepts:
JuratOathAffirmation
Notarial Acts#oath

Oath

Code of Civil Procedure § 2094; Gov. Code § 8202

A solemn verbal pledge invoking a Supreme Being or made under penalty of perjury that the statements in a document or testimony are true. Acceptable form: 'Do you solemnly state, under penalty of perjury, that the evidence... shall be the truth...?'

Related Concepts:
AffirmationJuratPerjury
Notarial Acts#affirmation

Affirmation

Code of Civil Procedure § 2094

A solemn secular declaration made under penalty of perjury without invoking a deity, carrying identical legal weight and criminal liability as a religious oath.

Related Concepts:
OathJuratPerjury
Legal Documents#deposition

Deposition

Government Code § 8211(c); Code of Civil Procedure § 2093

Out-of-court witness testimony taken under oath for legal proceedings. Statutory maximum fees: $30 for deposition services, $7 for oath administration, and $7 for the deposition certificate.

Related Concepts:
OathAffidavitStatutory Fees

Notarial Certificate

Civil Code §§ 1188, 1189; Gov. Code § 8202

The official written endorsement completed, signed, and sealed by a notary public recording the venue, date, personal appearance, identity verification, and specific notarial act performed.

Related Concepts:
AcknowledgmentJuratVenueBoxed Statutory Notice
Notarial Acts#venue

Venue

Civil Code § 1189; Gov. Code § 8200

The heading on a notarial certificate ('State of California, County of _____') establishing the physical county and state location where the signer and notary were physically present when the act occurred.

Related Concepts:
Notarial CertificatePersonal Appearance
Identity Verification#personal-appearance

Personal Appearance

Civil Code § 1189; Gov. Code § 8202, § 8231

The mandatory requirement that the document signer be physically in the direct physical presence of the notary public. Audio-video or remote online representations do not satisfy personal appearance under CA law until state certification of NAP 2.0 (up to 2030).

Related Concepts:
AcknowledgmentJuratRemote Online Notarization

Satisfactory Evidence of Identity

Civil Code § 1185(b); Gov. Code § 8206

Statutory proof of identity consisting of an unexpired or 5-year fresh government photo ID (DMV license, U.S. passport, CDCR/Sheriff inmate ID, tribal ID, foreign passport/consular ID with photo/description/signature/number) or the oath of credible witness(es).

Related Concepts:
Personal AppearanceCredible WitnessInmate Identification
Identity Verification#credible-witness

Credible Witness

Civil Code § 1185(b)(1)-(2); Gov. Code § 8206

An individual swearing under oath to a signer's identity when the signer lacks ID. Single witness: must be personally known to notary and signer. Two witnesses: do not need to be known to notary but must present qualifying paper ID. Both must sign the journal.

Related Concepts:
Satisfactory EvidenceOathJournal Signature
Fees & Commissions#surety-bond

Surety Bond ($15,000)

Government Code §§ 8212, 8213, 8214

A mandatory $15,000 bond filed with the county clerk within 30 calendar days of commission start. Protects the public from financial damage caused by notary misconduct or neglect. The surety has full subrogation rights to seek reimbursement from the notary.

Related Concepts:
County Clerk FilingCivil LiabilityCommission

Errors and Omissions Insurance

Private Professional Liability (Optional)

Optional insurance protecting the notary public from personal loss due to unintentional professional mistakes. Unlike the mandatory surety bond, E&O insurance directly protects the notary.

Related Concepts:
Surety BondCivil Liability
Fees & Commissions#commission

Commission

Government Code §§ 8200, 8204, 8213

The 4-year official authorization granted by the California Secretary of State. Takes effect only after filing the oath of office and $15,000 bond with the county clerk within 30 calendar days.

Related Concepts:
Secretary of StateOath of OfficeSurety Bond
Legal Concepts#apostille

Apostille & Authentication

Government Code § 8205; Hague Convention of 1961

A state-level certificate issued by the California Secretary of State authenticating the official signature and seal of a commissioned notary public for documents sent abroad.

Related Concepts:
Secretary of StateNotarial Certificate

Power of Attorney - Copy Certification

Probate Code § 4307; Gov. Code § 8205(a)(4), § 8211(e)

A statutory duty permitting California notaries to examine an original power of attorney and certify a photostatic copy as true and correct. Statutory fee: $15 per copy certification.

Related Concepts:
Copy Certification LimitationsProbate Code
Notarial Acts#protest

Protest

Government Code § 8205(a)(1); Commercial Code § 3505

A formal certificate of dishonor executed under seal by a notary public employed by a financial institution certifying nonacceptance or nonpayment of a foreign/inland bill of exchange or note.

Related Concepts:
Financial Institution NotaryCommercial Code
Identity Verification#subscribing-witness

Subscribing Witness & Proof of Execution

Civil Code §§ 1195-1197; Gov. Code § 27287

A procedure where a witness proves a principal's signature under oath. STRICTLY PROHIBITED for grant deeds, quitclaim deeds, deeds of trust, mortgages, real property instruments, and powers of attorney (exceptions: trustee's deeds of foreclosure, reconveyance deeds).

Related Concepts:
Proof of ExecutionCredible WitnessReal Property Prohibitions
Misconduct & Penalties#coercion

Coercion & Unlawful Influence

Government Code § 8225

Soliciting, coercing, or influencing a notary public to perform an improper act is a misdemeanor offense. Notaries must refuse service if a signer acts under threat or intimidation.

Related Concepts:
MisdemeanorRefusal to Notarize
Official Journal & Seal#sequential-journal

Sequential Journal

Government Code § 8206, § 8228.1; Penal Code § 830.1

A bound book with sequentially numbered pages maintained as the exclusive property of the notary. Must be kept in a locked, secure area under direct control. Must be delivered to county clerk within 30 days of commission expiration/resignation.

Related Concepts:
Thumbprint RequirementExclusive PropertyCounty Clerk Delivery
Official Journal & Seal#right-thumbprint-mandate

Right Thumbprint Mandate

Government Code § 8206(a)(2)(G), § 8214.23

Mandatory journal right thumbprint required for deeds, quitclaim deeds, deeds of trust, powers of attorney, or real property instruments. Willful failure carries a civil penalty up to $2,500 under Gov. Code § 8214.23.

Related Concepts:
Sequential JournalReal Property TransactionsCivil Penalties
Misconduct & Penalties#notario-publico-prohibition

Notario Público Prohibition

Government Code § 8219.5

Prohibits non-attorney notaries from translating 'Notary Public' into Spanish as 'Notario Público' or 'Notario'. First offense: minimum 1-year suspension or revocation. Second offense: permanent revocation.

Related Concepts:
Illegal AdvertisingImmigration Documents
Legal Concepts#conflict-of-interest

Conflict of Interest

Government Code § 8224

Strict prohibition against notarizing any transaction where the notary is individually named as a principal, grantor, grantee, beneficiary, trustor, trustee, lessor, or lessee, or holds a direct financial/beneficial interest.

Related Concepts:
Direct Financial InterestCommunity Property

Boxed Statutory Notice

Civil Code § 1189(a); Gov. Code § 8202(b)

Mandatory boxed notice at top of all CA acknowledgments, jurats, and proofs of execution stating the notary verifies only identity, not truthfulness, accuracy, or validity of the underlying document.

Related Concepts:
AcknowledgmentJuratProof of Execution
Misconduct & Penalties#statutory-civil-fine-tiers

Statutory Civil Fine Tiers

Gov. Code § 8214.15, § 8214.23; Civil Code § 1189(a)(4)

Statutory fine structure: $750 (overcharging fees, missing venue/oath/jurat completion); $1,500 (willful breach of duty, illegal advertising); $2,500 (failure to obtain thumbprint or grant peace officer access); $10,000 (false certificate statements or failure of ID evidence).

Related Concepts:
Disciplinary GuidelinesSecretary of State

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