Notary Public Handbook - California Page 8
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GENERAL INFORMATION
approves any course of study that includes all material that a person is expected to know to
satisfactorily complete the written examination. The Secretary of State compiles a list of all
persons offering an approved course of study and provides this list with the Notary Public
Handbook and on the Secretary of State’s website. (Government Code section 8201.2)
REQUIREMENTS AND TIME LIMIT FOR QUALIFYING
Once the commission has been issued, a person has 30 calendar days to take, subscribe, and
file an oath of office and file a $15,000 surety bond with the county clerk’s office. The
commission does not take effect until the oath and bond are filed with the county clerk’s
office. The filing must take place in the county where the notary public maintains a principal
place of business as shown in the application on file with the Secretary of State. If the oath and
bond are not filed within the 30-calendar-day time period, the commission will not be valid,
and the person commissioned may not act as a notary public until a new appointment is obtained
and the person has properly qualified within the 30-calendar-day time limit. Government
Code section 8213(a) permits the mailing of completed oaths and bonds to the applicable
county clerk for filing of the initial oath and bond. It should be noted that exceptions to the
30-day filing requirement are not made due to mail service or county clerk mail processing
delays or for any other reason. If mailing an oath and bond to the county clerk, sufficient time
must be allowed by the newly appointed notary public to ensure timely filing. (Government
Code sections 8212 and 8213)
NOTARY PUBLIC BONDS
In order to provide some protection to the public, California law requires every notary public
to file an official bond in the amount of $15,000. It is important to note that the notary public
bond is not an insurance policy for the notary public. It is designed only to provide a limited
fund for paying claims against the notary public. The notary public remains personally liable
to the full extent of the damage sustained and may be required to reimburse the bonding
company for sums paid by the company because of misconduct or negligence of the notary
public. (Government Code sections 8212 to 8214)
GEOGRAPHIC JURISDICTION
A notary public can provide notarial services throughout the State of California. A notary
public is not limited to providing services only in the county where the oath and bond are on
file. In virtually all of the certificates the notary public is called on to complete, there will be
a venue heading such as “State of California, County of ___________.” The county named in
the heading is the county where the signer personally appeared before the notary public and
acknowledged signing the document or where the signer swore to (or affirmed) and signed the
document before the notary public in the case of a jurat. (Government Code section 8200)
ACTS CONSTITUTING THE PRACTICE OF LAW
California notaries are prohibited from performing any duties which may be construed as
the unlawful practice of law. Among the acts which constitute the practice of law are the
preparation, drafting, or selection or determination of the kind of any legal document, or giving
advice with relation to any legal documents or matters. If asked to perform such tasks, a
California notary public should decline and refer the requester to an attorney.
NOTARY PUBLIC SEAL
Each notary public is required to have and to use a seal. The seal must be kept in a locked
and secured area, under the direct and exclusive control of the notary public and must not be
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