Notary Public Handbook - California Page 38
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4836
CIVIL CODE
CIVIL CODE
§ 14.
Words and phrases; construction; tense; gender; number
* * * signature or subscription includes mark, when the person cannot write, his name being
written near it, by a person who writes his own name as a witness; provided, that when a
signature is by mark it must in order that the same may be acknowledged or may serve as the
signature to any sworn statement be witnessed by two persons who must subscribe their own
names as witnesses thereto. * * *
§ 1181. Notaries public; officers before whom proof or acknowledgment may be made
The proof or acknowledgment of an instrument may be made before a notary public at any
place within this state, or within the county or city and county in this state in which the officer
specified below was elected or appointed, before either:
(a) A clerk of a superior court.
(b) A county clerk.
(c) A court commissioner.
(d) A retired judge of a municipal or justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
(j) Secretary of the Senate.
(k) Chief Clerk of the Assembly.
§ 1185. Acknowledgments; requisites
(a) The acknowledgment of an instrument shall not be taken unless the officer taking it
personally knows, or has satisfactory evidence that the person making the acknowledgment is,
the individual who is described in and who executed the instrument.
(b) For purposes of this article, “personally knows” means having an acquaintance, derived
from association with the individual in relation to other people and based upon a chain of
circumstances surrounding the individual, which establishes the individual’s identity with at
least reasonable certainty.
(c) For the purposes of this section “satisfactory evidence” means the absence of any
information, evidence, or other circumstances which would lead a reasonable person to believe
that the person making the acknowledgment is not the individual he or she claims to be and
any one of the following:
(1) The oath or affirmation of a credible witness personally known to the officer that the
person making the acknowledgment is personally known to the witness and that each of the
following are true:
(A) The person making the acknowledgment is the person named in the document.
(B) The person making the acknowledgment is personally known to the witness.
(C) That it is the reasonable belief of the witness that the circumstances of the person making
the acknowledgment are such that it would be very difficult or impossible for that person to
obtain another form of identification.
(D) The person making the acknowledgment does not possess any of the identification
documents named in paragraphs (3) and (4).
(E) The witness does not have a financial interest in the document being acknowledged and
is not named in the document.
(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities
are proven to the officer upon the presentation of satisfactory evidence, that each statement in
paragraph (1) of this subdivision is true.
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