Amended in Senate March 26, 2014

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 amended, Monning. Notaries public: verification ofbegin delete content of documents.end deletebegin insert identity: notice.end insert

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 abegin delete statementend deletebegin insert noticeend insert to be included in those documentsbegin delete indicatingend deletebegin insert in a specified typeface and enclosed in a box, as specified, statingend insert thatbegin insert theend insert acknowledgment, proof of execution, or a notarial certificate of a juratbegin delete does not authenticate or verify the contents of those documentsend deletebegin insert verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the documentend insert.

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

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

P2    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 shallbegin delete beend deletebegin insert include a notice at the top of the certificate of
5acknowledgment in not less than 12-point boldface font type
6enclosed in a box stating: “A notary public or other officer
7completing this certificate verifies only the identity of the individual
8who signed the document to which this certificate is attached, and
9not the truthfulness, accuracy, or validity of that document.”end insert

10begin insert(2)end insertbegin insertend insertbegin insertThe physical format of the boxed notice at the top of the
11certificate of acknowledgment required pursuant to paragraph (3)
12is an example, for purposes of illustration and not limitation, of
13the physical format of a boxed notice fulfilling the requirements
14of paragraph (1).end insert

15begin insert(3)end insertbegin insertend insertbegin insertA certificate of acknowledgment taken within this state shall
16beend insert
in the following form:
17
18
19
20
21
22
23
24
25
26


27

 

begin insert
begin insert

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

end insert
end insert
P2   33P2   24

 

 

State of California

   

County of   

   

 

   

begin delete

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

end delete

   

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)

 

begin delete

25(2)

end delete

26begin insert(4)end insert A notary public who willfully states as true any material
27fact that he or she knows to be false shall be subject to a civil
28penalty not exceeding ten thousand dollars ($10,000). An action
29to impose a civil penalty under this subdivision may be brought
30by the Secretary of State in an administrative proceeding or any
31public prosecutor in superior court, and shall be enforced as a civil
32judgment. A public prosecutor shall inform the secretary of any
33civil penalty imposed under this section.

34(b) Any certificate of acknowledgment taken in another place
35shall be sufficient in this state if it is taken in accordance with the
36laws of the place where the acknowledgment is made.

37(c) On documents to be filed in another state or jurisdiction of
38the United States, a California notary public may complete any
39acknowledgment form as may be required in that other state or
40jurisdiction on a document, provided the form does not require the
P4    1notary to determine or certify that the signer holds a particular
2representative capacity or to make other determinations and
3certifications not allowed by California law.

4(d) An acknowledgment provided prior to January 1, 1993, and
5conforming to applicable provisions of former Sections 1189,
61190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335
7of the Statutes of 1990, shall have the same force and effect as if
8those sections had not been repealed.

9

SEC. 2.  

Section 1195 of the Civil Code is amended to read:

10

1195.  

(a) Proof of the execution of an instrument, when not
11acknowledged, may be made by any of the following:

12(1) By the party executing it, or either of them.

13(2) By a subscribing witness.

14(3) By other witnesses, in cases mentioned in Section 1198.

15(b) (1)  Proof of the execution of a power of attorney, grant
16deed, mortgage, deed of trust, quitclaim deed, security agreement,
17or any instrument affecting real property is not permitted pursuant
18to Section 27287 of the Government Code, though proof of the
19execution of a trustee’s deed or deed of reconveyance is permitted.

20(2) Proof of the execution for any instrument requiring a notary
21public to obtain a thumbprint from the party signing the document
22in the notary public’s journal is not permitted.

23(c) Any certificate for proof of execution taken within this state
24shallbegin delete beend deletebegin insert include a notice at the top of the certificate for proof of
25execution in not less than 12-point boldface font type enclosed in
26a box stating: “A notary public or other officer completing this
27certificate verifies only the identity of the individual who signed
28the document to which this certificate is attached, and not the
29truthfulness, accuracy, or validity of that document.”end insert

30begin insert(d)end insertbegin insertend insertbegin insertThe physical format of the boxed notice at the top of the
31certificate for proof of execution required pursuant to subdivision
32(e) is an example, for purposes of illustration and not limitation,
33of the physical format of a boxed notice fulfilling the requirements
34of subdivision (c).end insert

35begin insert(e)end insertbegin insertend insertbegin insertA certificate for proof of execution taken within this state
36shall beend insert
in the following form:
begin insertend insert
37
begin insertend insert
38
begin insertend insert
39
begin insertend insert
40
begin insertend insert

P5    1


2

 

begin insert
begin insert

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

end insert
end insert
P5    8111227P5   30

 

 

State of California

ss.

   

County of    

   

27P5   30

 


13begin deleteThis proof of execution does not authenticate or verify the contents of the
14document.end delete

begin deleteend delete
15
begin deleteend delete
16On ____ (date), before me, _____ (name and title of officer), personally appeared
17____ (name of subscribing witness), proved to me to be the person whose name
18is subscribed to the within instrument, as a witness thereto, on the oath of ____
19(name of credible witness), a credible witness who is known to me and provided
20a satisfactory identifying document. ____ (name of subscribing witness), being
21by me duly sworn, said that he/she was present and saw/heard ____ (name[s]
22 of principal[s]), the same person(s) described in and whose name(s) is/are
23subscribed to the within or attached instrument in his/her/their authorized
24capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the
25same, and that said affiant subscribed his/her name to the within or attached
26instrument as a witness at the request of ____ (name[s] of principal[s]).

 

 WITNESS my hand and official seal.

 

Signature    (Seal)

 
P5   30

 

31

SEC. 3.  

Section 8202 of the Government Code is amended to
32read:

33

8202.  

(a) When executing a jurat, a notary shall administer an
34oath or affirmation to the affiant and shall determine, from
35satisfactory evidence as described in Section 1185 of the Civil
36Code, that the affiant is the person executing the document. The
37affiant shall sign the document in the presence of the notary.

38(b) To any affidavit subscribed and sworn to before a notary,
39there shall be attached a juratbegin delete inend deletebegin insert that includes a notice at the top,
P6    1in not less than 12-point boldface font type enclosed in a box,
2stating: “A notary public or other officer completing this certificate
3verifies only the identity of the individual who signed the document
4to which this certificate is attached, and not the truthfulness,
5accuracy, or validity of that document.”end insert

6begin insert(c)end insertbegin insertend insertbegin insertThe physical format of the boxed notice at the top of the
7jurat required pursuant to subdivision (d) is an example, for
8purposes of illustration and not limitation, of the physical format
9of a boxed notice fulfilling the requirements of subdivision (b).end insert

10begin insert(d)end insertbegin insertend insertbegin insertA jurat executed pursuant to this section shall be inend insert the
11following form:
12


13

 

begin insert
begin insert

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

end insert
end insert
P6   1930P6   34

 

20State of California

21County of _______________
22
begin delete23This notarial certificate does not authenticate or verify the contents
24of the document.end delete


begin deleteend delete

25
26Subscribed and sworn to (or affirmed) before me on this _____
27day of _______, 20__, by _________________________, proved
28to me on the basis of satisfactory evidence to be the person(s) who
29appeared before me.

 

Seal   

Signature ______

P6   34

 



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