Posted by Belinda/CA on 9/21/12 1:46pm
Msg #435268

New CA thumbprint law - January 1, 2013

Assembly Bill 2326 (Chapter 202) becomes effective on January 1, 2013, and expands the current requirement of a fingerprint in the notary journal to any document affecting real property. You'll want to read the whole chapter.

"Existing law requires a notary public to keep one active sequential journal
at a time, of all official acts performed as a notary public. Existing law
requires a notary public to require a party signing a deed, quitclaim deed,
deed of trust affecting real property, or a power of attorney document, if
the document is to be notarized, to place his or her fingerprint in the journal,
as specified. Under existing law, a notary public that willfully fails to satisfy
these requirements is guilty of a crime.

This bill would expand those provisions to require a notary public to
require a party signing any other document affecting real property to place
his or her fingerprint in the journal, if the document is to be notarized.
Because a willful failure of a notary public to satisfy these requirements
would be a crime, the bill would impose a state-mandated local program.
The bill would make other conforming changes regarding what manner of
proof of execution is permitted for specified documents. The bill would
repeal obsolete provisions of law."

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2301-2350/ab_2326_bill_20120827_chaptered.pdf

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2326&sess=CUR&house=B&author=wagner

Reply by Gregory/CA on 9/21/12 3:05pm
Msg #435270

Prob best to get thumbprint on everything, if you can,

unless people squabble. I've seen some Notaries Public demand a thumbprint for a basic acknowledgement on a letter or contract. I told the NP that it's not the law. Their response, "I don't care, it's my book and I require it of everyone." Yikes.

Reply by Stephanie Santiago on 9/21/12 3:25pm
Msg #435274

As a general practice for myself, I do get a thumbprint

for all docs notarized; I do not however demand a thumbprint and have never encountered any issues with the way I run my business.
Although it is not California notary Law to obtain thumbprints for all notarizations, I do it as part of my business practices.

Stephanie
By the way, I would never force anyone to provide a thumbprint.

Reply by John Tennant on 9/21/12 4:09pm
Msg #435276

Re: As a general practice for myself, I do get a thumbprint

Since my first notarization I have always gotten a thumbprint for every line in my book. I have never had a customer unhappy with that. Of course, if I did not need the thumbprint and the customer resisted I would not push it. It is all in how you approach it.