Notary Public Handbook - California Page 41
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
4839
CIVIL CODE
§ 1196. Subscribing witness; establishment of identity
If by a subscribing witness, that witness shall be personally known to the officer taking the
proof to be the person whose name is subscribed to the instrument as a witness, or shall be
proved to be such by the oath of a credible witness who is personally known to the officer
taking the proof, as defined in subdivision (b) of Section 1185.
§ 1197. Subscribing witness; items to be proved
The subscribing witness must prove that the person whose name is subscribed to the instrument
as a party is the person described in it, and that such person executed it, and that the witness
subscribed his name thereto as a witness.
§ 1633.11. Notarization and signature under penalty of perjury requirements
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to
an electronic signature if an electronic record includes, in addition to the electronic signature
to be notarized, the electronic signature of a notary public together with all other information
required to be included in a notarization by other applicable law.
* * *
§ 1633.12. Retaining records; electronic satisfaction
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an
electronic record of the information in the record, if the electronic record reflects accurately
the information set forth in the record at the time it was first generated in its final form as an
electronic record or otherwise, and the electronic record remains accessible for later reference.
(b) A requirement to retain a record in accordance with subdivision (a) does not apply to
any information the sole purpose of which is to enable the record to be sent, communicated, or
received.
(c) A person may satisfy subdivision (a) by using the services of another person if the
requirements of subdivision (a) are satisfied.
(d) If a law requires a record to be retained in its original form, or provides consequences if
the record is not retained in its original form, that law is satisfied by an electronic record
retained in accordance with subdivision (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an
electronic record of the information on the front and back of the check in accordance with
subdivision (a).
(f) A record retained as an electronic record in accordance with subdivision (a) satisfies a
law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law
enacted after the effective date of this title specifically prohibits the use of an electronic record
for a specified purpose.
(g) This section does not preclude a governmental agency from specifying additional
requirements for the retention of a record subject to the agency’s jurisdiction.
Table of Contents
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal