Posted by Calnotary on 2/23/11 11:31am
Msg #373811

2011 CA notary Handbook

I was reading message # 373756 and for this reason I always carry a copy of the notary handbook; if a person
questions my way of doing things in regards to notary law I can always show them the HB specially LOs.

Yesterday I was doing a signing at a realtor's office and I asked the borrower's agent if I could get a copy of
the borrower's driver license and she told that it was illegal to make a copy of a DL. I told her that it was my
instruction from escrow but if it was not possible to get it, well escrow will not get a copy because the package needed to be dropped in the next 10 minutes to meet fedex pick up deadline.

She stand up and went to the copy machine raising her voice, this is an illegal act, blah, blah,blah.

Anyway back to my post, I was looking at the CA SOS website and it's not showing the current HB does anybody knows when are we getting the 2011 HB?

Reply by Glenn Strickler on 2/23/11 11:58am
Msg #373813

I don't know a date, but this time of every year, I check the SOS site often looking for the new handbook and then download it. I checked the date stamp on my 2010 download and I downloaded it on 4/9/2010. I don't really know how close that date was to the actual release date. I might have been tardy in downloading it.

I have had the same realtor do the same thing a couple of times . I just asked her to show me the statute that says it's illegal. That usually quiets them down. The second time, I asked the realtor "Did you get that statute yet? That jogged her memory and that was it.

Reply by James Dawson on 2/23/11 12:59pm
Msg #373835

I took my notary exam last week , they hand out 2010...I don't think 2011 is out yet.

Reply by James Dawson on 2/23/11 1:03pm
Msg #373839

As far as agent, next time read them this (It happens so often to me that I have it printed out and I hand them a copy of it.

§ 8225. Improper notarial acts, solicitation, coercion or influence of performance;
misdemeanor
(a) Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a misdemeanor.

Reply by JanetK_CA on 2/23/11 2:46pm
Msg #373872

I'm not aware of any changes since 2010, so I'd assume that the 2010 handbook is still in effect. In fact, with the budget cuts, I wouldn't be surprised if they don't print another one for this year. (Just speculation on my part.) However, I'm keeping my 2010 copy with me and intend to continue to use it, if the need arises.

Reply by Julie/MI on 2/23/11 9:27pm
Msg #373929

Possible to be found in another CA law?

After 9/11, the Michigan legisature drafted a law that prohibited making a photo copy of a drivers license. The law was shortly repealed, but it was not in the notary law, some other random law, so maybe if there really is such a law in CA, it may not be in your notary handbook, but some other place.

Reply by ReneeK_MI on 2/24/11 8:13am
Msg #373951

The places to look are GLBA, BSA & Patriot Act

Tangled together Acts that are all easy enough to find, if you're looking for reading material.

Within them there are requirements specific to financial institutions (which includes insurance agents, check-cashing stores, all kinds of entities) detailing the identification of customers, the whole 'anti-terrorism' spin.

If I remember right, the only rule about copies of driver's licenses was that they could not be KEPT (in the customer's file); obtained, used for identification processes, but then destroyed.