 | California Notary Handbook
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
surrendered to an employer upon termination of employment, whether or not the employer
paid for the seal, or to any other person. Because of the legal requirement that the seal be photographically reproducible, the rubber
stamp seal has become all but universal; however, notaries may also use an embosser seal in addition to the rubber stamp.
The legal requirements for a seal are shown below. (Government
Code section 8207)
- It is photographically reproducible when it is affixed to a document.
- It contains the State Seal and the words “Notary Public.”
- It contains the name of the notary public as shown on the commission.
- It contains the name of the county where the oath of office and notary public bond are on file.
- It contains the expiration date of the notary public commission.
- It contains the sequential identification number (commission number) assigned to the
notary public as well as the identification number assigned to the manufacturer or vendor.
- It may be circular not over two inches in diameter, or may be a rectangular form of not
more than one inch in width by two and one-half inches in length, with a serrated or
milled edged border.
Using your Notary Public seal
Many documents that are acknowledged may later be recorded. A document may not be
accepted by the recorder if the notary public seal is illegible. Notaries are cautioned to take
care that the notary public stamp leaves a clear impression.
- All the elements must be easily discernible.
- The seal should not be placed over signatures or any printed matter on the document.
- An illegible or improperly placed seal may result in rejection of the document for recordation
and result in inconveniences and extra expenses for all those involved.
- The law allows a condition under which a notary public may authenticate an official act
without using an official notary public seal.
- Because subdivision maps are usually drawn on a
material that will not accept standard stamp pad ink and other acceptable inks are not as
readily available, acknowledgments for California subdivision map certificates may be notarized
without the official seal.
The notary public’s name, the county of the notary public’s principal
place of business, and the commission expiration date must be typed or printed below or
immediately adjacent to the notary public’s signature on the acknowledgment. (Government
Code section 66436(c))
- A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY
PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL
SERVICE. (Government Code section 8207)
- A notary public is guilty of a misdemeanor if the notary public willfully fails to keep his or
her notary public seal under the notary public’s direct and exclusive control or if the notary
public willfully surrenders the notary public’s seal to any person not authorized to possess it.
(Government Code section 8228.1)
- When the notary public commission is no longer valid, the notary public seal must be destroyed
to protect the notary public from possible fraudulent use by another. (Government Code section
8207)
California Notary Law
A notary public shall provide and keep an official seal, which shall clearly show, when
embossed, stamped, impressed or affixed to a document, the name of the notary, the State
Seal, the words “Notary Public,” and the name of the county wherein the bond and oath of
office are filed, and the date the notary public’s commission expires. The seal of every notary
public commissioned on or after January 1, 1992, shall contain the sequential identification
number assigned to the notary and the sequential identification number assigned to the
manufacturer or vendor. The notary public shall authenticate with the official seal all official
acts.
A notary public shall not use the official notarial seal except for the purpose of carrying out
the duties and responsibilities as set forth in this chapter. A notary public shall not use the title
“notary public” except for the purpose of rendering notarial service.
The seal of every notary public shall be affixed by a seal press or stamp that will print or
emboss a seal which legibly reproduces under photographic methods the required elements of
the seal. The seal may be circular not over two inches in diameter, or may be a rectangular
form of not more than one inch in width by two and one-half inches in length, with a serrated
or milled edged border, and shall contain the information required by this section.
The seal shall be kept in a locked and secured area, under the direct and exclusive control of
the notary. Failure to secure the seal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary public pursuant to Section
8214.1.
The official seal of a notary public is the exclusive property of that notary public, and shall
not be surrendered to an employer upon the termination of employment, whether or not the
employer paid for the seal, or to any other person. The notary, or his or her representative,
shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s
commission.
This section shall become operative on January 1, 1992.
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