Reply by tj_ca on 8/30/04 12:33am Msg #6993
I too checked out the State Assembly page and found one more which had to do with new mandatory wording when executing a jurat. I believe this is what they are talking about. It HAS NOT been enacted as yet.
It is AB 2062, Nakano. Notaries public. It addresses the following:
(1) Existing law generally sets forth the procedures for proof and acknowledgment of instruments executed by notaries public. This bill would additionally set forth the procedures for execution, and the form, of a jurat by a notary public. (2) Existing law requires notaries public that are appointed on or after January 1, 2005, to have satisfactorily completed a 6-hour course of study approved by the Secretary of State concerning the functions and duties of a notary public. This bill instead would apply this requirement to appointments made on or after July 1, 2005. (3) Existing law requires a notary public to keep an active journal of all official acts performed as a notary public, and to include in this journal, among other things, information as to every instrument acknowledged or proved before the notary. This bill would additionally specify that this requirement applies to information as to every instrument sworn to or affirmed before the notary.
8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. (b) To any affidavit subscribed and sworn to before a notary, there shall be attached a jurat in the following form: State of California County of _______________ Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal____________________________ Signature_______________________
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Reply by Jon on 8/30/04 10:41am Msg #7006
AB 1210 was signed into law in Sept. of 2003. AB 2062 amends AB1210 to make the effective date for required notary education July 1, 2005 instead of Jan 1, 2005. AB 2062 also requires positive ID of a person for completing a jurat, using the same criteria we now use for an acknowledgment. AB 2062 has passed the House and Senate and has been given to the Governor for signature. If signed (and I'm sure it will be) the provisions will take effect Jan 1, 2005 and will be incorporated into the 2005 Notary Handbook.
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