Posted by Charles_Ca on 10/24/09 12:09pm
Msg #308557
California Jurats
it appears after some discussion and some research that I was mistaken under current Ca Law when I said that in California it's $10 per Jurat and $10 per Oath. The current law (Government Code ss8211) states in part:
8211. Fees charged by a notary public for the following services
shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the certificate,
the sum of ten dollars ($10) for each signature taken.
(b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
(c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
(d) For every protest for the nonpayment of a promissory note or
for the nonpayment or nonacceptance of a bill of exchange, draft, or
check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or
of nonpayment or nonacceptance of a bill of exchange, order, draft,
or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on vote by mail
ballot identification envelopes or other voting materials.
(h) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a
United States military veteran for notarization of an application or
a claim for a pension, allotment, allowance, compensation, insurance,
or any other veteran's benefit.
It used to state that a Notory could charge for taking an Oath also and now that appears to be gone.
| Reply by BrendaTx on 10/24/09 12:29pm
Msg #308558
Actually, Charles, I remember something about this
years ago posted about one of the state's laws...maybe it was Ca. I do remember this... kudos to you for double-checking and posting the current rules.
| Reply by Marian_in_CA on 10/24/09 9:56pm
Msg #308582
I think I missed that conversation, but good for you for checking, Charles.
We CAN charge a fee for giving an oath, but it's only a maximum of $5 when administering an oath to a witness in a deposition. When administering the oath for a jurat certificate, no additional fee can be charged.
The way they set worded it is confusing. After all, if we can charge $5 for an oath for a deposition, then why not a jurat, too? It's really the same thing, right? It's easy to be confused. I know I was when I was learning about it.
However, the law has been that way since at least the 2005 "shake-up"...
http://www.sos.ca.gov/business/notary/forms/notary-handbook-2005.pdf
Page 26 of the 2005 handbook reads the same way under 8211(b).
| Reply by JanetK_CA on 10/27/09 4:31pm
Msg #308883
Thanks for correcting, Charles!
I dunno, I always thought it was pretty clear that this was one all-inclusive charge.
"(c) For all services rendered in connection with the taking of any deposition, the sum of
twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering
the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition."
These are listed as two separate line items. If they intended for us to be able to charge $5 every time we administered an oath, I think it would have been listed as a separate entry, as well.
I wanted to add my thanks to Charles for correcting this. I had seen that post - very late at night - and was planning to post a response the next day, but forgot. [Surprise, surprise...  ] this is, of course, a very important point to be clear on.
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