Resources

Acknowledge

The most common notarial act performed by a notary public. In an acknowledgment, the signer personally appears before the notary public and declares (acknowledges) that they signed the document voluntarily. The notary then certifies the signer's identity and the fact of the acknowledgment using a certificate. The notary does NOT verify the truthfulness or accuracy of the document's content—only that the signer personally appeared and signed of their own free will. Example: A person signs a grant deed and then appears before a notary public to acknowledge that they did indeed sign it.

Administering an Oath / Affirmation

A formal act in which a notary public asks a person to swear (oath) or affirm (affirmation) that statements they are making or have made are true. An oath invokes a higher power (e.g., 'Do you swear to God...?'), while an affirmation is a solemn declaration made without religious reference. Both carry the same legal weight. Example: Before signing an affidavit, the signer raises their right hand and swears that the contents of the document are true.

Affidavit

A written statement of fact made voluntarily and confirmed by the oath or affirmation of the person making it (called the 'affiant') before a notary public or other authorized officer. Once notarized, the affidavit becomes a sworn statement that can be used as evidence in legal proceedings. Example: A witness to an accident writes out what they saw and swears to its truth before a notary public, creating an affidavit.

Affirmation

A solemn declaration that a statement is true, made without invoking a religious oath. It carries the same legal force as an oath. A person who objects to taking a religious oath may instead make an affirmation. Notaries public are authorized to administer affirmations in place of oaths. Example: A person who objects to swearing by God affirms instead: 'I affirm that the statements in this document are true and correct.'

Apostille

A form of authentication issued by the California Secretary of State for documents that will be used in countries that are members of the Hague Apostille Convention. An apostille verifies the authenticity of the signature, the capacity of the signer, and the official seal or stamp on a public or notarized document. It does not validate the content of the document. Example: A notarized power of attorney signed in California for use in Spain requires an apostille from the California Secretary of State.

Attorney-in-Fact

A person who is authorized to act on another's behalf through a legal document called a Power of Attorney. The attorney-in-fact does not need to be a licensed attorney. Notaries frequently encounter this title when documents are signed by someone acting under a Power of Attorney on behalf of a principal. Example: Jane signs a real estate contract as 'John Smith, by Jane Doe, his Attorney-in-Fact,' based on a Power of Attorney granted to Jane.

Background Check

A mandatory screening process all notary public applicants in California must pass before being commissioned. State law requires all applicants to be fingerprinted (through the Live Scan process) so the California Department of Justice and the FBI can check for disqualifying criminal convictions. The Secretary of State reviews the results before granting an appointment. Example: After passing the notary exam, applicants are fingerprinted at an authorized Live Scan location and the results are forwarded to the Secretary of State.

Bond / Surety Bond

A $15,000 financial guarantee that California requires every notary public to file with the county clerk before their commission takes effect. It is NOT an insurance policy for the notary—it is a limited fund that protects the public from losses caused by a notary's misconduct or negligence. If a claim is paid by the bonding company, the notary public remains personally liable for the full amount of any damages and may be required to reimburse the bonding company. Example: Before performing any notarial acts, a newly appointed notary must purchase a $15,000 surety bond and file it with the county clerk within 30 days of commissioning.

Certificate of Acknowledgment

The official written form that a notary public completes, signs, and seals when performing an acknowledgment. It includes: the state and county where the signing occurred, the date, the notary's name and title, the signer's name, a statement that the signer personally appeared, a statement that the notary established the signer's identity, and a statement that the signer acknowledged executing the document. It is executed under penalty of perjury. The exact form is set by California Civil Code section 1189. Example: After a homeowner signs a deed of trust in front of a notary, the notary completes and attaches the certificate of acknowledgment form to the deed.

Certified Copy

An official copy of a document that has been verified by an authorized official to be a true and accurate reproduction of the original. California notaries public may only certify copies of: (1) Powers of Attorney (under Probate Code section 4307) and (2) their own notary public journal entries. Notaries may NOT certify copies of vital records such as birth, death, or marriage certificates—only the State Registrar or county recorder may do so. Example: A notary public can certify a copy of a client's Power of Attorney so it can be used in the same manner as the original.

Commission

The official appointment granted by the California Secretary of State that authorizes a person to act as a notary public. A commission is valid for a term of four years. The commission does not take effect until the notary files the oath of office and the $15,000 surety bond with the county clerk within 30 calendar days. A commission number (sequential identification number) is assigned to each notary. Example: After passing the exam and background check, Maria receives her commission certificate from the Secretary of State and has 30 days to file her oath and bond.

Commission Number

A unique sequential identification number assigned by the Secretary of State to each notary public upon appointment. This number must appear on the notary's official seal, along with the seal manufacturer's identification number. It is the primary identifier for a notary's commission. Example: When ordering a notary seal, the manufacturer requires the notary to provide their commission number, which is printed on the commission certificate.

Confidential Marriage License

A special type of marriage license in California that is not available to the public (unlike a public marriage license). A notary public may apply to the county clerk to be authorized to issue confidential marriage licenses, but must complete an additional course of instruction and must also be separately authorized to perform marriage ceremonies under Family Code sections 400–402. Example: A couple who have been living together may apply for a confidential marriage license from an authorized notary public instead of going to the county clerk's office.

Conflict of Interest

A situation in which a notary public has a direct financial or beneficial interest in the document being notarized, which disqualifies the notary from performing the notarization. A notary has a disqualifying conflict of interest if they are named individually as a principal, beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee in a real property transaction. Special caution is needed when notarizing for a spouse or domestic partner under California's community property law. Example: A notary who is also named as the beneficiary in a trust document cannot notarize signatures on that trust document.

Consular Identification Document

An identification document issued by the consulate of a foreign country to citizens of that country living abroad. California law recognizes a valid consular identification document as an acceptable form of identification for the purpose of establishing the identity of a document signer, provided it contains a photograph, description of the person, signature, and an identifying number and is current or was issued within the last 5 years. Example: A Mexican citizen living in California presents their Matrícula Consular issued by the Mexican consulate as their identification document to a notary public.

Credible Witness

A person who personally knows the document signer and vouches for the signer's identity under oath before the notary public, when the signer lacks acceptable identification documents. A single credible witness must be personally known to the notary public. Two credible witnesses may be used when neither is personally known to the notary, but both must prove their own identities with acceptable documents. The credible witness must have no financial interest in and must not be named in the document being signed. Example: A signer who lost all their ID documents brings a longtime friend (known to the notary) to swear that the signer is who they claim to be.

Deed of Trust

A legal document used in California in place of a traditional mortgage. It transfers title to real property to a neutral third party (the trustee) as security for a loan. Notarization of a deed of trust requires the signer's right thumbprint in the notary's journal in addition to the standard notarial requirements. Example: When a homebuyer takes out a mortgage in California, they sign a deed of trust which must be notarized and recorded with the county.

Deposition

Sworn out-of-court testimony of a witness, taken in writing. Notaries public may be involved in depositions by administering the oath to the witness and/or certifying the deposition transcript. The maximum fee for all services in connection with taking a deposition is $30, with an additional $7 for each of: administering the oath to the witness and certifying the deposition. Example: An attorney hires a notary public to swear in a witness before a deposition and to certify the resulting transcript.

Disqualifying Conviction

A criminal conviction that may prevent a person from being appointed as, or may result in the revocation of the commission of, a notary public in California. All applicants must disclose ALL arrests and convictions on their application—there is no time limit for disclosure. The Secretary of State's Disciplinary Guidelines list the most common disqualifying convictions. A conviction that has been dismissed under Penal Code section 1203.4 must still be disclosed. Example: A felony conviction is grounds for denial of a notary public application.

Due Diligence (Notarial)

The careful and thorough examination a notary public must perform to verify the identity of a document signer and to ensure all requirements for a notarial act are satisfied before proceeding. This includes carefully examining identification documents for authenticity, ensuring the signer is personally present, and confirming the document is complete. Example: Before notarizing a signature, the notary examines the signer's driver's license carefully, comparing the photo and physical description to the person before them.

Electronic Notarization

A notarial act performed on a document that is in electronic (digital) form rather than on paper. California law authorizes notaries public to perform electronic notarizations, but ALL requirements that apply to traditional paper notarizations must still be met, including the requirement that the signer personally and physically appear before the notary. A video image or virtual appearance is NOT considered a personal appearance under California State law. Example: A notary can notarize an electronically signed PDF document if the signer physically appears before the notary.

Embosser Seal

A mechanical device that creates a raised (embossed) impression on paper. A notary public may use an embosser seal IN ADDITION TO—but not instead of—the required rubber stamp seal. Because embossed impressions are not photographically reproducible on their own, the rubber stamp seal is required for all notarial acts on documents that may need to be photocopied or recorded. Example: Some notaries use both a rubber stamp (for legal compliance) and an embosser seal (for a professional appearance) on important documents.

Executing a Document

The act of signing a document with full legal intent to be bound by its contents. When a notary public's certificate states that a signer 'executed the instrument,' it means the signer voluntarily signed the document. This is a key legal term that appears in the certificate of acknowledgment wording. Example: The certificate of acknowledgment states that the signer 'executed the same in his/her authorized capacity.'

False Certificate

A notarial certificate that contains statements the notary public knows to be false. Completing a false certificate is a criminal offense in California and can also result in civil penalties of up to $10,000 per violation, as well as administrative action against the notary's commission. A false certificate is also grounds for denial, suspension, or revocation of a notary commission. Example: A notary who certifies that a signer personally appeared when in fact they did not is executing a false certificate.

Felony

A serious criminal offense (more serious than a misdemeanor). In the context of notary law, conviction of a felony is an absolute ground for denial or revocation of a notary public commission in California. Applicants must disclose all felony convictions on their application. Example: An applicant convicted of grand theft (a felony) will be denied a notary public commission.

Fingerprinting / Live Scan

The electronic process by which all California notary public applicants must be fingerprinted so that a background check can be conducted through the California Department of Justice and the FBI. The results are forwarded to the California Secretary of State to determine whether the applicant has any disqualifying criminal convictions. Fingerprinting is required for every new application, even for notaries seeking reappointment. Example: After passing the notary exam, an applicant receives fingerprinting instructions and must visit an authorized Live Scan location.

Forgery

The fraudulent creation or alteration of a document, signature, or seal with intent to deceive. Forgery by or involving a notary public is a serious crime and is specifically listed as grounds for revocation of a notary commission. Related offenses include filing forged documents and falsely obtaining personal information. Example: A notary who signs another notary's name on a certificate, or who alters a notarial certificate after signing it, is committing forgery.

Geographic Jurisdiction

The territorial area within which a notary public is authorized to perform notarial acts. In California, a commissioned notary public has statewide jurisdiction—they can perform notarial acts anywhere in California, not just in the county where their oath and bond are filed. The county named in the notarial certificate is the county where the signing took place. Example: A notary whose oath is filed in Los Angeles County can legitimately notarize a document for a client in San Francisco.

Grant Deed

A legal document used to transfer ownership of real property in California. It contains implied warranties that the grantor has not previously transferred the property to anyone else and that the property is free of encumbrances made by the grantor (except those disclosed in the deed). Notarization of a grant deed generally requires the signer's right thumbprint in the notary's journal. Example: When a house is sold in California, the seller signs a grant deed, which is notarized and then recorded in the county recorder's office.

Identification Documents (Acceptable Forms)

The specific documents a notary public may accept to verify a signer's identity. Two categories exist under California Civil Code section 1185: (1) Documents acceptable based on currency alone (issued within 5 years): California DMV ID card or driver's license, U.S. passport, California Department of Corrections inmate ID, or sheriff's department inmate ID. (2) Documents requiring photograph, physical description, signature, and identifying number: passports/consular IDs from other countries, other states' driver's licenses, U.S. military ID, state/city/county employee IDs, and federally recognized tribal government IDs. Example: An expired driver's license (more than 5 years old) is NOT acceptable identification, even if the photo clearly matches the signer.

Immigration Consultant

A person registered with the California Secretary of State and bonded under the Business and Professions Code who is authorized to assist clients in completing immigration forms. Only attorneys, DOJ-accredited representatives, or registered immigration consultants may assist clients with immigration forms. A notary public who is also a qualified and bonded immigration consultant may charge up to $15 per individual for each set of forms. A notary who is not an immigration consultant is PROHIBITED from providing immigration consulting services. Example: A notary public who advertises as an 'immigration specialist' and helps clients fill out immigration forms is violating California law unless they are a registered immigration consultant.

Incomplete Document

A document that has blank spaces intended to be filled in, or that is otherwise clearly missing required content. California law prohibits a notary public from notarizing any document that the notary knows or can plainly see is incomplete. The notary must refuse to notarize such a document. Example: A notary must refuse to notarize a grant deed that has blank spaces where the legal description of the property should appear.

Instrument

A legal term for any formal written document that grants, transfers, creates, or affirms a right or obligation. In notary law, 'instrument' is used broadly to refer to any document being notarized—deeds, contracts, affidavits, powers of attorney, etc. Example: The certificate of acknowledgment states that the signer 'executed the within instrument,' meaning they signed the document being notarized.

Journal (Notary Public Sequential Journal)

The official chronological record that every California notary public is required to keep of all notarial acts performed. Only ONE active sequential journal may be kept at a time. Each entry must include: the date, time, and type of notarial act; the type of document; the signer's signature; proof of the signer's identity; the fee charged; and, for deeds, powers of attorney, and real property documents, the signer's right thumbprint. The journal must be kept in a locked, secured area under the notary's exclusive control. It is the property of the notary, not the employer, and must be surrendered to the county clerk within 30 days after the commission expires. Example: After notarizing a deed of trust, the notary records the date, time, document type, the signer's name, the type of ID used, the fee charged, and obtains the signer's right thumbprint in the journal.

Jurat

The second most common notarial act, identified by the phrase 'Subscribed and sworn to (or affirmed) before me.' In a jurat, the notary certifies that: (1) the signer personally appeared before the notary, (2) the signer signed the document in the notary's presence, (3) the notary administered an oath or affirmation to the signer, and (4) the notary verified the signer's identity. Unlike an acknowledgment, the signer MUST sign the document in the physical presence of the notary during a jurat. Example: A person completing a sworn affidavit appears before a notary, raises their hand, swears to the truth of the document's contents, and signs the document in front of the notary. This is a jurat.

Jurisdiction

The legal authority of a notary public to perform notarial acts within a defined territory. California notaries public have statewide jurisdiction, meaning they can notarize anywhere within California. Notaries from other states have no authority to perform notarial acts in California. Example: A Nevada notary visiting California cannot legally notarize documents for California residents while in California.

Legal Resident

A person who is legally residing in California and who meets the residency requirement to become a California notary public. An applicant must be a legal resident of California to be appointed as a notary public. 'Legal resident' includes U.S. citizens, lawful permanent residents (green card holders), and certain other persons with legal status who reside in the state. Example: A person with a valid green card who has established their residence in California may apply to become a California notary public.

Lessee / Lessor

A lessee is a person who rents property (a tenant); a lessor is the person who rents out the property (a landlord). In notary conflict-of-interest law, if a notary is named as a lessee or lessor in a real property document, the notary is disqualified from notarizing that document. Example: A notary who is signing a lease as a tenant (lessee) cannot notarize their own signature or any other signature on that lease.

Mark (Signature by Mark)

When a person cannot write their name (due to physical inability or illiteracy), they may sign a legal document with a mark (such as an 'X'). For a notary to notarize such a signature, two witnesses must be present who observe the person make the mark, one of whom writes the person's name next to the mark. The person must also make their mark in the notary's journal, witnessed by one person who writes the name next to it. Example: An elderly person who cannot write their name due to arthritis makes an 'X' on a power of attorney, which is witnessed by two people present with the notary.

Misdemeanor

A criminal offense less serious than a felony but more serious than an infraction. In the notary context, several violations of the California Notary Public statutes constitute misdemeanors, including: willfully failing to keep the notary seal under exclusive control, willfully surrendering the seal to an unauthorized person, and willfully failing to maintain the journal properly. Example: A notary who gives their official seal to their employer when leaving a job is committing a misdemeanor.

Mortgagee / Mortgagor

A mortgagor is the person who borrows money and pledges their property as security (the borrower/homeowner). A mortgagee is the lender who holds the mortgage. In notary conflict-of-interest law, if a notary is named as either the mortgagor or mortgagee in a real property transaction, they are disqualified from notarizing documents related to that transaction. Example: A notary who is also the borrower on a loan (mortgagor) cannot notarize the mortgage documents for that loan.

Notarial Act

Any official act performed by a notary public in their official capacity, as authorized by law. Notarial acts in California include: taking acknowledgments, administering oaths and affirmations, executing jurats, certifying copies of powers of attorney and notary journal entries, taking proof of execution by subscribing witnesses, and certifying signatures by mark. Example: Placing a seal and signature on a certificate of acknowledgment after a signer appears before the notary is a notarial act.

Notarial Certificate

The official written statement completed, signed, and sealed by a notary public that describes the notarial act performed. The two main types are the certificate of acknowledgment and the jurat. The certificate must be completed in full at the time the notary signs and seals it. A notary's seal and signature may never be affixed to a document without the proper notarial wording (certificate). Example: The notarial certificate is the block of text at the end of a notarized deed that includes the notary's signature line and seal area.

Notarize

The informal term for performing a notarial act. To notarize a document means to have it officially witnessed and certified by a notary public, who verifies the signer's identity, witnesses the signing (where required), and affixes their signature and official seal to the notarial certificate. Example: A bank requires customers to notarize certain loan documents before they can be processed.

Notary Public

A public official appointed by the California Secretary of State who is authorized to perform notarial acts. A California notary public acts as an official, impartial witness whose primary role is to verify the identity of document signers and certify that they signed documents voluntarily. A notary public is NOT authorized to practice law, give legal advice, or verify the content or accuracy of documents. Example: Banks, law offices, UPS Stores, and many other businesses employ notaries public to assist customers with document signings.

Notary Public Disciplinary Guidelines

Guidelines published by the California Secretary of State that describe the grounds for denial, suspension, and revocation of notary public commissions and list the most common disqualifying criminal convictions. These guidelines facilitate consistency in reviewing applications, investigating violations, and implementing administrative actions. They are available on the Secretary of State's website. Example: An applicant worried about a past conviction can consult the Disciplinary Guidelines to see whether that conviction is on the list of common disqualifying offenses.

Notary Public Education (Approved Course of Study)

Mandatory educational requirements for California notary public applicants. ALL applicants (even those with prior commissions) must complete a Secretary of State–approved six-hour course before initial appointment. For reappointment (while the current commission is still valid), an approved three-hour refresher course is sufficient. If a commission expires before reapplication, the full six-hour course is required again. Example: A notary who lets their commission expire must complete the six-hour course (not the three-hour refresher) even if they previously took the six-hour course.

Notary Public Seal

The official stamp or embosser that every California notary public is required to have and use. The seal must: be photographically reproducible; contain the State Seal and the words 'Notary Public'; show the notary's name exactly as on the commission; show the county where the oath is filed; show the commission expiration date and commission number; and be either circular (max 2 inches) or rectangular (max 1 inch × 2.5 inches) with a serrated or milled border. The seal must be kept locked and under the notary's exclusive control at all times. Example: After signing a certificate of acknowledgment, the notary presses their rubber stamp seal onto the document, leaving a clear, legible impression.

Oath of Office

The sworn or affirmed pledge that a newly appointed notary public must take and file with the county clerk before their commission becomes valid. The oath must be taken and filed within 30 calendar days from the start date on the commission certificate. In California, the oath is taken before the county clerk, and the person taking the oath must present an approved form of identification. The oath and surety bond must be filed together. Example: Within 30 days of receiving her commission, Maria appears at the county clerk's office, swears the oath of office, and files it along with her $15,000 surety bond.

Penalty of Perjury

A legal declaration that the statements made are true, subject to criminal penalties for making knowingly false statements. The certificate of acknowledgment is signed 'under penalty of perjury.' Willfully stating a material fact known to be false in a notarial certificate can result in civil penalties up to $10,000, criminal prosecution, and loss of commission. Example: The notary signs the acknowledgment certificate 'under penalty of perjury,' certifying they personally witnessed the signer appear and acknowledge the document.

Personal Appearance

The physical presence of a signer before the notary public, which is an absolute requirement for all California notarial acts. 'Personally appeared' means the signer was in the notary's physical presence at the time the notarial act was performed. A video call, telephone call, or electronic transmission does NOT constitute personal appearance under California law. Example: A notary cannot notarize a document that was mailed to them with a signature already on it—the signer must appear in person.

Power of Attorney

A legal document in which one person (the principal) grants another person (the attorney-in-fact or agent) the authority to act on their behalf in legal, financial, or other matters. Notaries public frequently notarize powers of attorney and may certify copies of them. Powers of attorney require a right thumbprint in the notary's journal. A certified copy of a power of attorney has the same force and effect as the original. Example: An elderly person who is hospitalized signs a power of attorney authorizing their adult child to manage their finances and legal affairs.

Practice of Law

Activities reserved exclusively for licensed attorneys, including preparing, drafting, or selecting legal documents, and giving legal advice. California notaries public are PROHIBITED from performing any act that constitutes the practice of law. If asked to do so, the notary must decline and refer the person to an attorney. Example: A notary who is asked to choose the correct type of deed for a property transfer must decline and refer the person to an attorney.

Principal

The person who signs a document and whose signature is being notarized. In the context of proof of execution, the principal is the person who signed the document but cannot appear before the notary (for example, due to illness), for whom a subscribing witness appears instead. Example: In a real estate transaction, the seller (the principal) appears before the notary to have their signature on the grant deed notarized.

Proof of Execution by Subscribing Witness

A notarial act used when the principal (the person who signed a document) is unable to personally appear before the notary. A subscribing witness—who watched the principal sign or heard the principal acknowledge the signature—appears before the notary in the principal's place. The subscribing witness must swear under oath about their observations, and their identity must be established by a credible witness personally known to the notary. This procedure CANNOT be used for deeds of trust, mortgages, powers of attorney, grant deeds, quitclaim deeds, or any document affecting real property. Example: Paul is in the hospital and cannot visit a notary, so his friend Sue witnesses Paul sign a document, then takes it to a notary and swears under oath that she witnessed Paul sign it.

Quitclaim Deed

A deed that transfers whatever interest the grantor has in a property to another party, without making any warranties about the title. A quitclaim deed requires notarization and a right thumbprint in the notary's journal. Proof of execution by a subscribing witness may NOT be used for quitclaim deeds. Example: After a divorce, one spouse signs a quitclaim deed transferring their interest in the family home to the other spouse; the signature must be notarized.

Reappointment

The process of renewing a California notary public commission for another four-year term. To be reappointed, a notary must pass the examination again, complete the required education (three-hour refresher if the current commission has not expired; six-hour course if it has), pass a new background check, and file a new oath and bond. The test results are valid for one year from the exam date. Example: To avoid a lapse in commission, a notary should take the reappointment exam at least six months before their current commission expires.

Recordation / Recording

The process of filing a legal document (such as a deed or deed of trust) with the county recorder's office to create a public record and provide notice to the world of the transaction. Many notarized documents are subsequently recorded. If the notary's seal impression is illegible on a document, the county recorder may reject the document for recording. Example: After a home purchase closes, the grant deed and deed of trust are recorded with the county recorder, creating a public record of the new ownership and the loan.

Revocation of Commission

The permanent or temporary cancellation of a notary public's commission by the California Secretary of State as a disciplinary measure. Grounds for revocation include: felony convictions, executing false certificates, fraud, forgery, filing false documents, illegal advertising, failing to secure the seal and journal, and other misconduct specified in Government Code section 8214.1. A second violation of the illegal advertising law results in permanent revocation. Example: A notary who falsely certifies that a signer appeared in person when they did not may have their commission permanently revoked.

Satisfactory Evidence

The standard used by a notary public to establish the identity of a document signer. Under California Civil Code section 1185, satisfactory evidence means the absence of any information that would make a reasonable person doubt the signer's identity, AND one of three methods of establishing identity: (A) acceptable identification documents, (B) the oath of a single credible witness personally known to the notary, or (C) the oaths of two credible witnesses whose identities are established by acceptable identification documents. Example: A notary must be satisfied that there is no reasonable doubt about the signer's identity—this is the 'satisfactory evidence' standard.

Sequential Journal

The official, chronologically ordered record that a California notary public must maintain of every notarial act performed. The law requires that only ONE active sequential journal be kept at a time. If the journal is lost, stolen, or destroyed, the notary must immediately notify the Secretary of State by certified mail or another method that provides a receipt. The journal belongs to the notary—not to any employer—and must be delivered to the county clerk within 30 days of the commission expiring. Example: A notary who keeps two separate journals simultaneously is violating California law, which requires only one active sequential journal at a time.

Signature by Mark

See 'Mark (Signature by Mark).'

Subscribing Witness

A person who witnesses the signing of a document by a principal (or hears the principal acknowledge a prior signature) and then appears before a notary public to swear to what they witnessed, standing in for the principal who cannot personally appear. The subscribing witness must sign the notary's journal. The identity of the subscribing witness must be established by a credible witness personally known to the notary. Example: Sue watches Paul sign a legal document in the hospital and then appears before a notary to swear that she witnessed Paul's signature—Sue is the subscribing witness.

Surety Bond

See 'Bond / Surety Bond.'

Thumbprint

The impression of a person's right thumb (or, if unavailable, the left thumb or any available finger) that must be placed in the notary's journal when notarizing signatures on deeds, quitclaim deeds, deeds of trust, powers of attorney, or any other document affecting real property. If the signer is physically unable to provide any thumbprint or fingerprint, the notary must note this in the journal along with an explanation. Example: When notarizing a deed of trust for a home loan, the notary must obtain the borrower's right thumbprint in the journal in addition to their signature.

Trustee / Trustor

A trustor (also called a settlor or grantor) is the person who creates a trust and transfers property into it. A trustee is the person or institution appointed to manage and administer the trust property for the benefit of the beneficiaries. In notary conflict-of-interest law, a notary who is named as a trustee or trustor in a real property transaction is disqualified from notarizing documents related to that transaction. Example: A notary who has been appointed as trustee of a family trust cannot notarize a deed that transfers property from the trust.

Unauthorized Practice of Law

The act of performing legal services—such as drafting legal documents, advising on legal matters, or selecting appropriate legal forms—by a person who is not a licensed attorney. California notaries public are strictly prohibited from engaging in the unauthorized practice of law. Notaries who are also immigration consultants must be especially careful not to provide legal advice. Example: A notary who tells a client 'you need a grant deed for this transaction' is practicing law without a license.

Venue

The geographic location—identified as 'State of California, County of ___________'—that appears at the top of a notarial certificate. The county named in the venue is the county where the signer personally appeared before the notary, which is where the notarial act actually took place. This may differ from the county where the notary's oath and bond are filed. Example: If a notary whose bond is filed in Sacramento County notarizes a document for someone in San Francisco, the venue on the certificate will read 'County of San Francisco.'

Willful

Done deliberately, intentionally, and knowingly—not by accident or mistake. In California notary law, many criminal penalties (misdemeanors) require the act to be 'willful.' For example, 'willfully' failing to maintain the journal, 'willfully' surrendering the seal to an unauthorized person, or 'willfully' failing to notify the Secretary of State of a lost journal are all misdemeanors. Example: A notary who accidentally drops their seal and a stranger picks it up has not 'willfully' surrendered the seal; a notary who hands their seal to their employer knowing they are not authorized to have it has done so willfully.