FREQUENTLY ASKED QUESTIONS
Having documents notarized can be disconcerting for someone who is not familiar with the
notarization process. Here are answers to frequently asked questions:
What is a Notary Public?
A Notary Public is an impartial witness appointed by the Secretary Of State. Their job is to identify a person through satisfactory evidence prior to notarizing signatures/documents. A Notary Public is not a Notario Publico.
What Is Satisfactory Evidence?
Satisfactory evidence is identifying the signer through government issued identification. The identification (ie driver license, passport) needs to be current or ISSUED within 5 years. If a signer does not have current identification, two credible witnesses are acceptable as a form of ID. Credible witnesses must have current identification, must know the signer personally, and be willing to be placed under oath and swear to the identity of the signer. A credible witness should not have anything financially to gain from the signer either now or in the future.
Can A Document Be Notarized If I Already Signed It?
Yes and no. If the document requires a notary Acknowledgment certificate, then the document can be notarized if previously signed. The Notary Public will place the signer under oath to attest to the fact that they did indeed sign the document prior to notarization. If the document requires a Jurat certificate, then the Notary Public must see the signer sign the document as well as place the signer under oath to swear to the truthfulness of the document.
Can My Will In CA Be Notarized?
Most CA Notary Public’s will not notarize a will. For further information regarding a will, please visit the following website regarding CA Probate Code 6112.
Can A Notary Public Draft Or Explain My Documents?
A Notary Public is not permitted to draft documents or explain the documents to the signer, as that is considered legal advice. At no time is a Notary Public allowed to offer/give legal advice.
My Identification has expired. Can I Get My Documents Notarized?
If your identification is expired and not ISSUED within the last five years prior to signing, two Credible witnesses can be used in place of a government issued ID. Credible Witnesses can not have anything financially to gain from the signer. They must be present at the time of notarization, have current ID and placed under oath to swear to the signer’s identity.
I Do Not Speak English. Can I Get My Document Notarized?
A Notary Public must be able to communicate with the signer of the documents to be notarized. An interpreter is not acceptable to translate communication between the signer and the Notary Public. If the Notary Public speaks the language of the signer, then they may notarize the documents.
My Documents Are Not In English. Can I Have Them Notarized?
Yes, documents transcribed in languages other than English can be notarized. The Notary certificate must be in English as per California law.
Can A CA Notary Notarize My I-9 Form?
No, A CA Notary Public is not authorized to notarize an I-9 immigration form.
More Information Can Be Found at the California Secretary Of State Website:
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