Amended in Assembly June 2, 2014

Amended in Senate March 26, 2014

Senate Bill No. 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 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 begin insert legible end insert notice to be included in those documents in begin delete a specified typeface and end delete begin insert an end insert enclosed begin delete in a end delete box, as specified, stating that the acknowledgment, proof of execution, or begin delete a notarial certificate of a end delete 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.

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 include a notice at the top of the certificate of
acknowledgment in begin delete not less than 12-point boldface font type end delete begin insert an end insert
enclosed begin delete in a end delete 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.” begin insert This notice shall be legible. end insert

(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 begin delete not less than 12-point boldface font type end delete begin insert an end insert enclosed
begin delete in a end delete 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.” begin insert This notice
shall be legible. end insert

(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 principal[s]), 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 ____ (name[s] of principal[s]).

 

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
begin delete not less than 12-point boldface font type end delete begin insert an end insert enclosed begin delete in a end delete 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.” begin insert This notice shall be legible. end insert

(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 ______