FAQ

What is a Notary & Why Do I Need One?

Considered the first line of defense to help deter fraud and fraudulent acts when signing important documents, a Notary Public is a state appointed individual, by the California Secretary of State, to serve the public as an impartial witness. Notaries also observe whether signers are knowingly or willingly signing documents. The signer must be in the physical presence of the notary before the notary may lawfully notarize. They may refuse if there is concern.

What Documents Can Be Notarized?

Practically any documents can be notarized, even foreign documents where the notary public does not understand the language within the documents. However, every document must be complete, meaning there are no blank spaces in the document, the signer must be able to directly communicate with the notary, the document must be notarized in English (notary wording only). There are a few limitations such as marriage, birth, and death certification (vital record documents).

Does notarizing a document legalize or bind the contained information?

No. By completing an acknowledgment, the notary public does not certify the legality of the document. This acknowledgment confirms the identity of the signer, through proper identification, their physical presence in front of the notary, and their acknowledgment as signer.

Are Social Security card, birth certificates, or marriage licenses acceptable forms of ID?

No. They do not meet the listed requirements for identification.

Can I get a Birth, Marriage, or Death Certificate certified?

No. A notary may not certify copies of vital records. Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders.

What if a client cannot appear personally before a Notary?

California requires Proof of Execution by a Subscribing Witness and a Credible Witness known to both subscribing witness and notary. Both subscribing and credible witness must present an ID card, allowed by law, to the Notary and sign the notary journal.

*NOTE:

A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure or to a deed of reconveyance), mortgage, deed of trust, security agreement, any instrument affecting real property, or any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal.