What is a Notary Public?

A notary public is an individual commissioned by the Secretary of State to perform a notarial act and is a considered a “public ministerial officer” who is an impartial agent of the state commissioned to witness notarial writings and signatures. One of the main responsibilities of a notary public is to confirm the identity of the signer of a document through personal knowledge, a credible witness and/or identification card or papers. Also, notaries public ensure the signer is under his/her own free will, and there to witness the actual signing.

What is a “Mobile” Notary Public?

The “mobile” designation means the notary travels to you. They come to your home, office, or any other location at your convenience, giving you the advantage of flexible scheduling.

What is an Apostille?

An Apostille is a certificate issued by the U.S. Secretary of State to be used in a foreign country. An Apostille certifies:

• the authenticity of the signature of the public official who signed the document

• the capacity in which that public official acted, and

• when appropriate, the identity of the seal or stamp which the document bears, e.g. a notary public seal.

Can a notary notarize if the signer is not present?

ALL signers that wish to have their signatures notarized must be present at signing and have a VALID picture I.D.

What forms of Identification are ACCEPTABLE?

Each signer must present at least one of the forms of ID listed below. The ID must be current or, if expired, have been issued within the last 5 years; contain the signer’s photograph, physical description, and signature; and bear a serial or other identifying number (Civil Code, Section 1185).

• California Driver’s License

• California Identification Card

• Out Of State Driver’s License

• Out Of State Identification Card

• Canadian Driver’s License

• Mexican Driver’s License

• U.S. Passport

• Valid Foreign Passport

• U.S. Military ID Card

• Inmate ID Card

  Note: Must be issued by the California Department of Corrections and Rehabilitation if the inmate is in prison or any form of inmate identification issued by a sheriff’s department if the inmate is in custody in a local detention facility

• An employee ID issued by an agency or office of a California city, county, or city and county

What forms of Identification are UNACCEPTABLE?

• Matricula Consular Card

• Social Security Cards

• Temporary Driver’s Licenses

• Driver’s Licenses Without Photographs

• Student Identification Cards

• Credit Cards With or Without Photographs

Who can be a credible witness?

An uninvolved person (someone not mentioned in the document and not a family member). Neighbors and friends are commonly used.

Can a notary refuse to serve people?

Only if the Notary is uncertain of a signer’s identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.

Are you a Notario Publico?

NO! In Hispanic countries, Notarios Publicos are highly trained legal professionals akin to attorneys who provide legal advice and draft legal documents. In California, notaries are state-commissioned officials with narrow witnessing duties and much less discretion. In-fact it is illegal for a Notary Public to refer to themselves as a Notario Publico in California.

Can a notary offer legal advice or prepare legal documents for notarization?

NO! A notary is not allowed to give legal advice and is forbidden preparing legal documents or acting as a legal advisor unless he or she is also an attorney.