Frequently Asked Questions
Who is a Notary Public?
A notary public is a public official that performs invaluable services for the legal, business, financial, and real estate communities. There are now more than 260,000 notaries public in the State of California.
Who is Protected by a Notary Public Bond?
In order to provide some protection to the public, California law requires every notary public to file an official bond in the amount of $15,000. The notary public bond is not an insurance policy for the notary public. The bond is designed only to provide a limited source of funds for paying claims against the notary public.
Geographic Jurisdiction of the Notary Public
A notary public can provide notarial services throughout the State of California. A notary public is not limited to providing services only in the county where the oath and bond are on file.
Can a Notary Public Notarize Documents for Relatives?
A notary public is not prohibited from notarizing for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. With California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner.
Can A Notary Public Certify Power of Attorney?
A notary public can certify copies of powers of attorney. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney. (Probate Code section 4307)
Can A Notary Public Certify Copies?
A notary public may only certify copies of powers of attorney under Probate Code section 4307 and his or her notary public journal. (Government Code sections 8205(a)(4), 8205(b)(1), and 8206(e))
Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)
Does Notario Publico means the Same as Notary Public?
In any event, a notary public may not translate the term “Notary Public,” defined as “notario publico” or “notario,” into Spanish.
Can a Notary Public Give Legal Advise?
California law requires any non-attorney notary public who advertises notarial services in a language other than English to post a prescribed notice, in English and the other language, that the notary public is not an attorney and cannot give legal advice about immigration or any other legal matters.
Can a Notary Public Notarize a Document in Foreign Language?
A notary public can notarize a signature on a document in a foreign language with which they are not familiar, since a notary public’s function only relates to the signature and not the contents of the document. The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. If unable to identify the type of document, the notary public must make an entry to that effect in their journal, e.g. “a document in a foreign language.”
Meet Irina, a founder of the Academy of Finance and Notarial Services. Her experience comes from the years of working in a wholesale mortgage banking industry. It is essential in the loan funding process to have correctly signed and notarized documents. That is where she learnt how to make document signing smooth and easy for customers and at the same time perfectly acceptable for any lender.
