2008 - Notaries Stricter Regulations

County of Los Angeles
Department of Consumer Affairs
New Consumer Laws 2008

NOTARIES: STRICTER REGULATIONS TO PROTECT CONSUMERS FROM FRAUD

Civil Code Sections 1185 and 1189; Government Code Sections 6203, 8201.1, 8201.2, 8201.5, 8202, 8206, 8213.5, 8213.6, 8214.1, 8214.2, 8214.15, 8221, 8225, 8228, and 8228.1, 8214.21, 8214.23

Existing law requires notaries to keep a journal of all their official transactions, and to keep copies of notarized documents. When notarizing the signing of a deed, quitclaim deed, or deed of trust affecting real property, notaries are required to get the thumbprint of the signing person. This new law applies the thumbprint requirement to all notarized documents. Failure to get a thumbprint subjects notaries to a penalty of up to $2,500 enforceable by the Secretary of State of any public prosecutor.

Existing law requires notaries to determine from personal knowledge or satisfactory evidence the identity of the person acknowledging the document being notarized. This new law deletes the personal knowledge provision, and requires that the determination be from satisfactory evidence. Failure to obtain satisfactory evidence subjects notaries to a civil penalty of up to $10,000, enforceable by the Secretary of State or any public prosecutor.

Existing law requires notaries to notify the Secretary of State of any change of address of their principal place of business or of any name change. This new law makes failure to notify the Secretary of State of a change of address or name punishable by a fine of not more than $500.This new law also prohibits notaries from using a commercial mail receiving place or a post office box as their principal place of business or residence.

Existing law requires peace officers to get a warrant in order to seize a notary’s journal. This new law authorizes peace officers to seize a journal without a warrant, as long as the peace officer has probable cause that a crime has been committed.

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For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
web site: dca.lacounty.gov