BILL NUMBER: SB 1050	CHAPTERED
	BILL TEXT

	CHAPTER  197
	FILED WITH SECRETARY OF STATE  AUGUST 15, 2014
	APPROVED BY GOVERNOR  AUGUST 15, 2014
	PASSED THE SENATE  AUGUST 4, 2014
	PASSED THE ASSEMBLY  JUNE 26, 2014
	AMENDED IN ASSEMBLY  JUNE 2, 2014
	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, Monning. Notaries public: verification of 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 legible notice to be included in those
documents in an enclosed box, as specified, stating that the
acknowledgment, proof of execution, or jurat 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.


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 include a notice at the top of the certificate of
acknowledgment in an enclosed 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." This notice shall be legible.
   (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 fulfilling 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___________  )
  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)


   (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 include a notice at the top of the certificate for proof of
execution in an enclosed 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." This notice shall be legible.
   (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 requirements
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 __________  )


   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 that includes a notice at the top, in
an enclosed 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." This notice shall be legible.
   (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 _______________


  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___________________