Posted by JanetK_CA on 11/6/07 10:11pm
Msg #219983

CA Notaries: Save yourself some $$ - NNA's lastest gimmick

If you've been reading this board, you know that several changes to CA notary laws will go into effect as of the first of 2008. And if you haven't already, you will probably soon receive a bulletin from the NNA entitled "Major Changes to Notary Laws in California". They have put together a package for training on the new laws - with seminars and some tools you probably don't need, plus a free one-year membership. Whoop-de-do!! IMHO, it's another slick approach to separate us from some more $$. I believe you can learn pretty much everything you need to know on the Secretary of State website and can save yourself the time and money.

Below is a general description of the upcoming changes, copied directly from the SOS website. I'm sure that they will eventually also post whatever changes will be required to ack & jurat certificates, as well. Why not just copy that verbiage into a Word document and create your own certificates? I've been doing that for years and I never have to worry about ordering more. I can print out more at any time. It may take them a while, but they will also have to redo the Notary Handbook - which has been available on-line for many years now. Here is the link, in case you don't already have it in your favorites: http://www.sos.ca.gov/business/notary/notary.htm.

If you prefer to purchase pre-printed certificates, I'd bet dollars-to-donuts that Harry will have them available here in plenty of time to order and receive before the first of the year. The new Handbooks may not be available from the SOS before then [we shall see...], but as we get closer to the first of the year when the changes take effect, I think it's a safe bet that there will be plenty of discussion and information exchange on this forum!

The NNA letter lists seven bullet points, each of which seem to be explained in one or two sentences below. I think it's important to state that I'm not trying to make light of these changes. I think it's essential that each of us in CA make sure we become very familiar with these changes. I also think those of us who are self-employed have better things to do with our time and money - especially in this market! If your employer pays your notary expenses and you want an excuse to get out of the office, go for it. Otherwise, I feel that for any reasonably intelligent person this isn't something that you need to fall prey to.... oops! I meant to say "something that you need to worry about"... [As always, jmho]


"Notary Public


AB 434
(Chapter 496) This act requires a notary public to respond within 15 business days from the receipt of a request by a member of the public for a line item from the notary public's journal. The notary public is required to provide either a photostatic copy of the line item representing the requested transaction or acknowledge that no such line item exists. In a disciplinary proceeding for noncompliance with this provision, a notary public may defend their delayed action on the basis of unavoidable, exigent business or personal circumstances.

AB 886
(Chapter 399)
This act includes several provisions affecting notaries public:

Under the new act, “personally known” to the notary for taking an acknowledgment and executing a jurat is no longer allowed. No acknowledgment may be taken or jurat executed on personal knowledge alone. Violation subjects a notary to a civil penalty of up to $10,000 in an administrative action brought by the Secretary of State or a public prosecutor.
The certificate of acknowledgment now is executed under penalty of perjury. A notary who willfully states as true any material fact known to be false can be subject to a civil penalty of up to $10,000.
A notary public applicant must submit a photograph of their person to the Secretary of State along with the application.
The notary public journal must contain a notation that the identity of the person making an acknowledgment, or taking an oath or affirmation must be based on “satisfactory evidence” and not “personal knowledge.”
A power of attorney document is added to the list of documents that requires a thumbprint.
When requested by a peace officer investigating a criminal offense, a notary must surrender their journal immediately or as soon as possible if the journal is not present. The peace officer must have probable cause to believe that the journal contains evidence of a criminal offense. The peace officer who seizes a journal must notify the Secretary of State within 24 hours or as soon as possible of the name of the notary public whose journal was seized.
Willful failure to notify the Secretary of State of a change of address is punishable as an infraction by a fine of up to $500, willful failure to notify the Secretary of State of a name change is punishable as an infraction by a fine of up to $500, willful failure of a notary to provide a peace officer with a journal when requested is punishable by a civil penalty of up to $2,500, and a notary who fails to obtain a thumbprint as required by Government Code section 8206 is subject to a civil penalty up to $2,500.
Willful failure to report the theft or loss of a journal is grounds for revocation or suspension of a notary commission. New grounds for denial of an application or revocation or suspension have been added for crimes connected to notarial acts: making a false writing, fraud relating to a deed of trust, improper notarial acts, unlawfully acting as a notary, filing false or forged documents, forgery, embezzlement, and falsely obtaining personal information. Also, willful failure to provide access to a journal when requested by a police officer is grounds for revocation or suspension. "

Reply by LCS_CA on 11/7/07 1:00am
Msg #219993

I agree. Everything you need to know is on the SOS website. Plus the required form of acknowledgment and jurat is there as well, which can be reproduced in any word processing software. I, too, received NNA's seminar flyer today (couldn't shred it fast enough).

I am curious, since I renew my commission next year, what type of photo they will require - passport type? Will have to wait and see...

Reply by JanetK_CA on 11/7/07 2:58am
Msg #219996

I'll be looking for that photo info, too, as I'm in the same boat. (You're probably right, though.) My commission is up again in June, so I think I'm going to start the process as early into the first of the year as possible, just in case. BTW, thanks for mentioning that the required verbiage is also there. I didn't click on that last link earlier. It's nice to know it is ALL there!

Reply by Harry [NR] on 11/7/07 1:26am
Msg #219994

"If you prefer to purchase pre-printed certificates, I'd bet dollars-to-donuts that Harry will have them available here in plenty of time to order and receive before the first of the year."

Yep. We will have 2008 California acknowledgment certificates printed and ready-to-ship within the next 10 days, or so. (As usual, 2-color, padded and shrink-wrapped 100 per package.) We'll also make the 2008 version of the jurat stamp available. To help notaries with the transition, our plan is to offer these items at Premier Member prices (or less) for a limited time.

Harry
Notary Rotary, Inc.

Reply by Marlene/USNA on 11/7/07 8:12am
Msg #220010

And Assembly Bill 18 re: Election Code

Assembly Bill 18 clarifies the use of signature stamps by disabled individuals by establishing the Warren Mattingly Signature Stamp Act. The Act provides that an individual with a physical disability who is unable to write may use a signature stamp for any purpose specified in the Election Code.

Notaries must treat the stamped signature in the same manner as they treat a handwritten signature. The bill imposes certain conditions on the use of the signature stamp, including that using a signature stamp to obtain a ballot must be done before a state or local election official.

Signed by Gov Oct. 11, effective Jan. 1, 2008.

Full bill text: http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ab_18_bill_20071011_chaptered.html