Posted by Marian_in_CA on 12/18/13 10:58am
Msg #496483

CA Notaries: the 2014 Workbook is up

Now, this is the Sample workbook... the educational handbook approved by the Sec of State's office and contains a LOT of additional procedural information used in addition to the handbook:

http://www.sos.ca.gov/business/notary/forms/notary-education-sample-workbook-2014.pdf


The 2014 Handbook and Newsletter are not up just yet.

Reply by Notarysigner on 12/18/13 11:01am
Msg #496485

Thanks as always, I downloaded the Workbook last week......and used it this morning already!

Reply by Marian_in_CA on 12/18/13 11:58am
Msg #496493

Yup, me too... I find that I end up referring to the Workbook first, then the handbook when things come up, so I'm pretty happy that they already have the 2014 version out.

Reply by Notarysigner on 12/18/13 12:21pm
Msg #496497

Ditto....

I'm finding a lot of Ca notaries don't even know it (the workbook) exist.....of course they may not visit our S.O.S. much either.

As far as the newsletter, I send THAT to someone (because of it's content) almost every week!

Reply by Marian_in_CA on 12/18/13 12:30pm
Msg #496498

me too!

It's amazing to me that so many notaries aren't aware of these resources. I mean, last year the newsletter TOLD notaries to reference the workbook. And now, the SoS has put a direct link to the workbook right on the main notary page. I mean, it's harder to find the handbook now than the workbook...and yet, people STILL are totally clueless.

I carry copies of the newsletter in my briefcase and have given them out to more notaries than I can count. Just about all of them aren't even aware it exists. How is this even possible?

For those CA notaries who don't know...seriously, guys...USE this workbook. It answers almost all of the basic questions and includes details on how do to things not found in the handbook. It says "sample" but ignore that. It's a sample for the education providers to base their courses on. It is THE approved "textbook" for the 3-6 hour class. Vendors can take that, as-is, and teach the course. they can make changes if they wish, but they have to submit and get approval from the SoS before using it. That's why it's called a sample...but for the notary... it should be a reference guide you go to all the time, if not first.

Reply by Laurie Manzanares on 12/18/13 11:42am
Msg #496492

Re: Thank you :-) n/m

Reply by Marian_in_CA on 12/18/13 12:19pm
Msg #496496

BTW... here are the changes

I compared both the 2013 and the 2014 workbooks using an online tool. There are just a small handful of changes -- mostly involving the proof of execution of a subscribing witness... which I'm sure most of use have likely never or rarely done anyway. be sure to review the procedure and the recommended certificate wording, as it's been updated.

Apparently the felonious removal or transport (grand theft) of an animal carcass is no longer an offense that will automatically get your commission denied. It has been removed from the 2014 workbook, where it appeared before. Nope..not kidding.

That's about it for changes.

Reply by GOLDGIRL/CA on 12/18/13 2:32pm
Msg #496510

WHEW!

What a relief! For all us otherwise legally compliant CA notaries dealing daily with line item entries, proper IDs, multiple thumbprints and the SOS breathing down our necks about staples vs. paperclips and use of abbreviations (forbidden), not to mention you have to "take a number" when you visit their office (like the red plastic paper number dispensers at the bakery) AND fill out a legal-size form explaining what you're doing there, even if there isn't another person for 500 yards, at least we can breathe easier now knowing that our commission isn't in jeopardy as we struggle what to do with road kill.

Actually, it was initially reassuring to know the SOS was leaving no base uncovered, no stone unturned in verifying the spiritual and moral character of all CA notaries as regarding the disposition of dead animals. After all, who'd want to use a notary who unknowingly or otherwise mailed a smoked salmon to a friend against postal regulations regarding "perishable contents"? And BTW, all the time the SOS was focusing on animal carcasses they completely ignored the corner notaries I have used recently who:
1. Did not deliver an oath for a jurat.
2. Did not use a CA compliant jurat.
2. Did not use a CA compliant ack.
3. Did not line out preprinted "Trustees of the XXXX Family Trust" in the DOT ack.
4. Stamped over type on three docs.
5. And best of all, when the receiving agency rejected a doc, saying they wanted two signatures on it (one as an individual and another as a trustee, *and* two acks, which, incidentally, the notary refused to do when I asked her to at the signing, chirping "one signature will do"), she then sent them a new loose leaf ack a few days later without my personal appearance or my second signature.
But apparently the SOS was too busy focusing on dead deer to notice. So, glad they got that out of the way!

Reply by Notarysigner on 12/18/13 4:20pm
Msg #496525

Re: WHEW! DEAD SKUNKS HERE n/m

Reply by Doris_CO on 12/18/13 6:21pm
Msg #496550

Re: WHEW!

Goldgirl/CA .... LIKE!

Reply by JanetK_CA on 12/18/13 8:05pm
Msg #496570

Re: WHEW! LOL!!

Loved this - and the very valuable perspective you provided, imo. I think this post does a great job of pointing out what details are most important when it comes to the execution of our duties, and where I happen to believe the SOS should be focusing their efforts. I don't think there's any harm in them offering their guidelines, which potentially could be very useful to many, but I do think some perspective is in order.

IMO, these guidelines are an *interpretation* of the actual law by the current SOS's office, which is not the governmental body with the right to *make* law. (That's up to the legislature.) So the workbook is NOT the same as the Handbook, with the actual law itself. As a commissioned notary public, I believe I'm responsible to uphold the LAW, not the interpretation of it by whomever happens to be in office at the moment - although they ARE the ones enforcing compliance. (But as I've said before, so far, I believe there have been four different Secretaries of State since I got my first notary commission and I suspect there will be more before I retire my stamp.)

I'm certainly not suggesting we disregard the workbook and these guidelines. I jut believe that there's room on some of the finer points for some common sense when applying the law to widely varying circumstances. I know some of you take issue with this and I don't expect everyone to agree with me. But by the same token, I don't believe we all should be expected to agree with any other particular point of view.

Just my 2 cents... Take it for what it's worth.

Reply by Marian_in_CA on 12/19/13 12:40am
Msg #496582

Re: WHEW! LOL!!

Janet... I agree that having varying opinions is important. It helps us all learn from each other and keep us on our toes as we consider our professional decisions. I certainly appreciatie reading and listening to professional opinions of others, whether I eventually agree with them or not. If we don't understand those other opinions, how can we possibly stand behind our own?

My only issue with what you've said above is that the Sec of State's office has a pretty obvious expectations of us. The Workbook is the official "text" for notaries taking the state required course. These expectations are fairly well laid out. It's material that we are expected to know in order to pass the exam and I dare say, referred to is we are ever investigated or audited.

The Sec of State not only approves the curriculum used, as you know they issue commissions and evaluate applicants. They are also responsible for investigating notaries, up to and including administrative as criminal disciplinary actions.

If we had a level of autonomy from their office, I think what you say might be more applicable. I'm no discounting it... after all, there are things in the handbook and workbook that I very much disagree with personally myself.

I guess I think of it like this... notaries are children, the Sec of State are the parents. The kids live in the house...and as such have to abide by the rules. Now, the kids may obviously have different opinions and desires, but if they want to stay under their parents' roof, they have to keep themselves in check.

If a notary doesn't agree with the Sec of State's interpretation of things and just does what they want... they certainly won't have a commission very long. I mean, you now as well as I, that here in CA we could end up i jail for violating certain expectations of our job. I also have to wonder why anyone would want to hold a commission if they had no intention of doing what the Governing office expects of them. Like I said, I have personal issues with some of the stuff they want and expect. I also totally disagree with certain aspects of the law... bu I go with it because that's what expected of me.

Here's one example: The idea that we have to accept as valid ID a laminated, amateur looking city employee ID card (provided it has all the required elements) from some little city of 10,000K people up north that I've never even heard of. There's no way I can possibly know if that ID is actually valid, nor do I have any guidelines for verifying its' authenticity. I mean, anyone with a color printer and a laminating machine (or a $4,00 pouch) could make one up. I have to accept that as valid ID because state code says so. And yet, I can't accept a Federally issued military smart card, something I see all the time (I live in an Air Force town) and know for a fact is a pretty solid ID... but because it lacks the required elements, it's not acceptable. I solidly disagree with this. I think that if we can accept a US Passport as ID without the specific elements, we should be able to accept a Federal Smart card for military personnel. But, my opinion doesn't really matter much here, so I follow what Iv'e been told to do.

Reply by JanetK_CA on 12/19/13 1:32am
Msg #496586

Re: WHEW! LOL!!

"I mean, you now as well as I, that here in CA we could end up i jail for violating certain expectations of our job."

Actually, what I believe is that we could go to jail for violating certain "laws" relative to our job, whether or not we agree with them. Therein lies the difference.

Reply by GOLDGIRL/CA on 12/19/13 12:34pm
Msg #496633

Pleeeeeze stop playing the jail card

It's just preposterous. It's embarrassing. We're just little ole notaries. Actually, I *wish* the SOS would throw a few notaries in jail ... like the corner store notary who willynilly sent a loose-leaf ack to a receiving agency cos they asked for it... WITHOUT my signature and personal appearance. Or the notaries who stamped a noncompliant jurat *and* without the oath. But "you know as well as I" that the SOS couldn't care less. It would be soooooo easy for the SOS to weed out these incompetents, but it is not on their radar, not a priority. All this jail rhetoric is just theatrics designed to intimidate notaries into proper observance of notary law. I would be shocked to discover that there has been or is now a CA notary in the slammer based on prosecution by the SOS. The most the office would do is revoke a commission. But I doubt they'd make the effort. The notary would probably have "to take a number" anyway to get their attention. If a notary was in cahoots with a mortgage fraudster, for example, they'd be prosecuted under other criminal statutes ... and based on a few cases I've read about that fit this description, they barely get a hand slap. I have never read about a CA notary getting in serious trouble over anything despite all the huffing and puffing by the SOS. Additionally, the courts have bigger fish to fry. We take ourselves way too seriously if we think the SOS would actually enforce any of this. Just a bunch of Runner laws, interpretations, regulations and guidelines that look intimidating and sound good but are nothing but smoke. The CA SOS operates by putting the fear of you know what into notaries ... and apparently have successfully done so ... that's their idea of "enforcement."

Reply by ananotary on 12/19/13 11:04am
Msg #496626

Janet: couldn't agree more! 5 star post IMO. n/m

Reply by Molly/Ca on 12/18/13 12:43pm
Msg #496501

Thank You Marian!!!

Reply by leeinla on 12/18/13 1:59pm
Msg #496507

Re: Thank you Marian...Can you get a free hard copy?

I hope you can still get a free workbook mailed to you. I always request to get two workbooks.

Reply by Notarysigner on 12/18/13 2:06pm
Msg #496508

Re: Thank you Marian...Can you get a free hard copy?

I downloaded it, then emailed it to myself. Then I saved the email attachment and now have it on my cell phone, no need for a hard copy IMO

Reply by Bee_CA on 12/18/13 6:00pm
Msg #496543

Great idea Notarysigner! Thanks! n/m

Reply by LKT/CA on 12/18/13 4:23pm
Msg #496528

Thanks, Marian!!! n/m