Notary Public Handbook - California Page 27
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4825
GOVERNMENT CODE
was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then 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 upon the presentation of satisfactory evidence, the type of identifying documents, the
identifying numbers of the documents and the dates of issuance or expiration of the documents
presented by the witnesses to establish their identity.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real
property, 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.
(b) If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced,
destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information,
the notary public shall immediately notify the Secretary of State by certified or registered
mail. The notification shall include the period of the journal entries, the notary public
commission number, and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c) Upon written request of any member of the public, which request shall include the name
of the parties, the type of document, and the month and year in which notarized, the notary
shall supply a photostatic copy of the line item representing the requested transaction at a cost
of not more than thirty cents ($0.30) per page.
(d) The journal of notarial acts of a notary public is the exclusive property of that notary
public, and shall not be surrendered to an employer upon termination of employment, whether
or not the employer paid for the journal, or at any other time. The notary public shall not
surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or
to a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in
his or her official capacity and within his or her authority, in response to a criminal search
warrant signed by a magistrate and served upon the notary public by the peace officer. The
notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by
certified mail within 10 days that the journal was relinquished to a peace officer. The notification
shall include the period of the journal entries, the commission number of the notary public, the
expiration date of the commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the
notary public and a new journal has been obtained, the notary public shall make no new entries
in the returned journal. A notary public who is an employee shall permit inspection and
copying of journal transactions by a duly designated auditor or agent of the notary public’s
employer, provided that the inspection and copying is done in the presence of the notary public
and the transactions are directly associated with the business purposes of the employer. The
notary public, upon the request of the employer, shall regularly provide copies of all transactions
that are directly associated with the business purposes of the employer, but shall not be required
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