Senate BillNo. 1050


Introduced by Senator Monning

February 18, 2014


An act to amend Sections 1189 and 1195 of the Civil Code, and to amend Section 8202 of the Government Code, relating to notaries public.

LEGISLATIVE COUNSEL’S DIGEST

SB 1050, as introduced, Monning. Notaries public: verification of content of documents.

Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a certificate of acknowledgment, proof of execution, and jurat to be in a specified form.

This bill would require a statement to be included in those documents indicating that acknowledgment, proof of execution, or a notarial certificate of a jurat does not authenticate or verify the contents of those documents.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1189 of the Civil Code is amended to
2read:

3

1189.  

(a) (1) Any certificate of acknowledgment taken within
4this state shall be in the following form:

P2   24

 

State of California

   

County of   

   

 

   

begin insert

This acknowledgment does not authenticate or verify the contents of the document.

end insert
begin insert

   

end insert

On   before me,

(here insert name and title of the officer),

personally appeared   ,

who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

 WITNESS my hand and official seal.

 

Signature     (Seal)

 

25(2) A notary public who willfully states as true any material
26fact that he or she knows to be false shall be subject to a civil
27penalty not exceeding ten thousand dollars ($10,000). An action
28to impose a civil penalty under this subdivision may be brought
29by the Secretary of State in an administrative proceeding or any
30public prosecutor in superior court, and shall be enforced as a civil
31judgment. A public prosecutor shall inform the secretary of any
32civil penalty imposed under this section.

33(b) Any certificate of acknowledgment taken in another place
34shall be sufficient in this state if it is taken in accordance with the
35laws of the place where the acknowledgment is made.

36(c) On documents to be filed in another state or jurisdiction of
37the United States, a California notary public may complete any
38acknowledgment form as may be required in that other state or
39jurisdiction on a document, provided the form does not require the
40notary to determine or certify that the signer holds a particular
P3    1representative capacity or to make other determinations and
2certifications not allowed by California law.

3(d) An acknowledgment provided prior to January 1, 1993, and
4conforming to applicable provisions of former Sections 1189,
51190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335
6of the Statutes of 1990, shall have the same force and effect as if
7those sections had not been repealed.

8

SEC. 2.  

Section 1195 of the Civil Code is amended to read:

9

1195.  

(a) Proof of the execution of an instrument, when not
10acknowledged, may be made by any of the following:

11(1) By the party executing it, or either of them.

12(2) By a subscribing witness.

13(3) By other witnesses, in cases mentioned in Section 1198.

14(b) (1)  Proof of the execution of a power of attorney, grant
15deed, mortgage, deed of trust, quitclaim deed, security agreement,
16or any instrument affecting real property is not permitted pursuant
17to Section 27287 of the Government Code, though proof of the
18execution of a trustee’s deed or deed of reconveyance is permitted.

19(2) Proof of the execution for any instrument requiring a notary
20public to obtain a thumbprint from the party signing the document
21in the notary public’s journal is not permitted.

22(c) Any certificate for proof of execution taken within this state
23shall be in the following form:


24

 

State of California

ss.

   

County of    

   

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begin insertend insert
29begin insertThis proof of execution does not authenticate or verify the contents of the
30document.end insert

begin insertend insert
31
begin insertend insert
32On ____ (date), before me, _____ (name and title of officer), personally appeared
33____ (name of subscribing witness), proved to me to be the person whose name
34is subscribed to the within instrument, as a witness thereto, on the oath of ____
35(name of credible witness), a credible witness who is known to me and provided
36a satisfactory identifying document. ____ (name of subscribing witness), being
37by me duly sworn, said that he/she was present and saw/heard ____ (name[s]
38 of principal[s]), the same person(s) described in and whose name(s) is/are
39subscribed to the within or attached instrument in his/her/their authorized
40capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the
P4    1same, and that said affiant subscribed his/her name to the within or attached
2instrument as a witness at the request of ____ (name[s] of principal[s]).

 

 WITNESS my hand and official seal.

 

Signature    (Seal)

 
P3    6

 

7

SEC. 3.  

Section 8202 of the Government Code is amended to
8read:

9

8202.  

(a) When executing a jurat, a notary shall administer an
10oath or affirmation to the affiant and shall determine, from
11satisfactory evidence as described in Section 1185 of the Civil
12Code, that the affiant is the person executing the document. The
13affiant shall sign the document in the presence of the notary.

14(b) To any affidavit subscribed and sworn to before a notary,
15there shall be attached a jurat in the following form:
16

17State of California

18County of _______________
19
begin insertend insert
20begin insertThis notarial certificate does not authenticate or verify the contents
21of the document.end insert

begin insertend insert
22
begin insertend insert


23Subscribed and sworn to (or affirmed) before me on this _____
24day of _______, 20__, by _________________________, proved
25to me on the basis of satisfactory evidence to be the person(s) who
26appeared before me.


27

 

Seal   

Signature ______

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