Notary Contract Law

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NOTARY PUBLIC HANDBOOK Published by Debra Bowen Secretary of State Notary Public Section 2011 January 2011 Dear Californian: Welcome to the official source of laws relating to notaries public in California. A notary public is a public official who performs invaluable services for the legal, business, financial, and real estate communities. There are more than 184,000 notaries public in our state. While there are no significant statutory changes for 2011, this Notary Public Handbook is designed to supplement your course of study, which will prepare you for the notary public examination. All statutory references are to California Codes, unless otherwise indicated. Once you are commissioned, the Secretary of State strongly…show more content…
The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person. Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal. However, notaries public may use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below. (Government Code section 8207) The seal must: • Be photographically reproducible when affixed to a document; • Contain the State Seal and the words “Notary Public”; • Contain the name of the notary public as shown on the commission; • Contain the name of the county where the oath of office and notary public bond are on file; • Contain the expiration date of the notary public’s commission; • Contain the sequential identification number (commission number) assigned to the notary public, as well as the identification number assigned to the seal manufacturer or vendor;…show more content…
Many documents that are acknowledged may later be recorded. A document may not be accepted by the recorder if the notary public seal is illegible. Notaries public are cautioned to make sure that the notary public stamp leaves a clear impression. All the elements must be discernible. The seal should not be placed over signatures or over any printed matter on the document. An illegible or improperly placed seal may result in rejection of the document for recordation and result in inconveniences and extra expenses for all those involved. The law allows a limited exception when a notary public may authenticate an official
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