BILL NUMBER: SB 1050 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
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 of
content of documents. identity: notice.
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 notice
to be included in those documents indicating
in a specified typeface and enclosed in a
box, as specified, stating that the acknowledgment,
proof of execution, or a notarial certificate of a jurat
does not authenticate or verify the contents of those documents
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 document .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1189 of the Civil Code is amended to read:
1189. (a) (1) Any certificate of acknowledgment taken within this
state shall be include a notice at the top
of the certificate of acknowledgment in not less than 12-point
boldface font type enclosed in a box stating: "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."
(2) The physical format of the boxed
notice at the top of the certificate of acknowledgment required
pursuant to paragraph (3) is an example, for purposes of illustration
and not limitation, of the physical format of a boxed notice fulfi
lling the requirements of paragraph (1).
(3) A certificate of acknowledgment
taken within this state shall be in the following form:
----------------------------------
|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. |
----------------------------------
State of California )
County of_____ )
This acknowledgment does not authenticate or
verify the contents of the document.
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)
(2)
(4) A notary public who willfully states as true any
material fact that he or she knows to be false shall be subject to a
civil penalty not exceeding ten thousand dollars ($10,000). An action
to impose a civil penalty under this subdivision may be brought by
the Secretary of State in an administrative proceeding or any public
prosecutor in superior court, and shall be enforced as a civil
judgment. A public prosecutor shall inform the secretary of any civil
penalty imposed under this section.
(b) Any certificate of acknowledgment taken in another place shall
be sufficient in this state if it is taken in accordance with the
laws of the place where the acknowledgment is made.
(c) On documents to be filed in another state or jurisdiction of
the United States, a California notary public may complete any
acknowledgment form as may be required in that other state or
jurisdiction on a document, provided the form does not require the
notary to determine or certify that the signer holds a particular
representative capacity or to make other determinations and
certifications not allowed by California law.
(d) An acknowledgment provided prior to January 1, 1993, and
conforming to applicable provisions of former Sections 1189, 1190,
1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the
Statutes of 1990, shall have the same force and effect as if those
sections had not been repealed.
SEC. 2. Section 1195 of the Civil Code is amended to read:
1195. (a) Proof of the execution of an instrument, when not
acknowledged, may be made by any of the following:
(1) By the party executing it, or either of them.
(2) By a subscribing witness.
(3) By other witnesses, in cases mentioned in Section 1198.
(b) (1) Proof of the execution of a power of attorney, grant
deed, mortgage, deed of trust, quitclaim deed, security agreement, or
any instrument affecting real property is not permitted pursuant to
Section 27287 of the Government Code, though proof of the execution
of a trustee's deed or deed of reconveyance is permitted.
(2) Proof of the execution for any instrument requiring a notary
public to obtain a thumbprint from the party signing the document in
the notary public's journal is not permitted.
(c) Any certificate for proof of execution taken within this state
shall be include a notice at the top of the
certificate for proof of execution in not less than 12-point boldface
font type enclosed in a box stating: "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."
(d) The physical format of the boxed
notice at the top of the certificate for proof of execution required
pursuant to subdivision (e) is an example, for purposes of
illustration and not limitation, of the physical format of a boxed
notice fulfilling the require ments of subdivision (c).
(e) A certificate for proof of
execution taken within this state shall be in the following
form:
----------------------------------
|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. |
----------------------------------
State of California )
ss.
County of __________ )
This proof of execution does not authenticate or verify
the contents of the document. On ____ (date), before me,
_____ (name and title of officer), personally appeared ____ (name of
subscribing witness), proved to me to be the person whose name is
subscribed to the within instrument, as a witness thereto, on the
oath of ____ (name of credible witness), a credible witness who is
known to me and provided a satisfactory identifying document. ____
(name of subscribing witness), being by me duly sworn, said that
he/she was present and saw/heard ____ (name s] of principals]),
the same person(s) described in and whose name(s) is/are subscribed
to the within or attached instrument in his/her/their authorized
capacity(ies) as (a) party(ies) thereto, execute or acknowledge
executing the same, and that said affiant subscribed his/her name to
the within or attached instrument as a witness at the request of ____
(names] of principals]).
WITNESS my hand and official seal.
Signature__________________________________ (Seal)
SEC. 3. Section 8202 of the Government Code is amended to read:
8202. (a) When executing a jurat, a notary shall administer an
oath or affirmation to the affiant and shall determine, from
satisfactory evidence as described in Section 1185 of the Civil Code,
that the affiant is the person executing the document. The affiant
shall sign the document in the presence of the notary.
(b) To any affidavit subscribed and sworn to before a notary,
there shall be attached a jurat in that
includes a notice at the top, in not less than 12-point boldface font
type enclosed in a box, stating: "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."
(c) The physical format of the boxed
notice at the top of the jurat required pursuant to subdivision (d)
is an example, for purposes of illustration and not limitation, of
the physical format of a boxed notice fulfilling the requirements of
subdivision (b).
(d) A jurat executed pursuant to
this section shall be in the following form:
----------------------------------
|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. |
----------------------------------
State of California
County of _______________
This notarial certificate does not authenticate or verify
the contents of the document.
Subscribed and sworn to (or affirmed) before me on this _____ day
of _______, 20__, by _________________________, proved to me on the
basis of satisfactory evidence to be the person(s) who appeared
before me.
Seal________________________
Signature___________________