Notary Links
Some of the questions customers have about the services provided by San Diego Notary - 92127.
What is a notary?
A notary, or more commonly, a notary public, is an individual licensed by a state agency (in California, the Office of the Secretary of State) to witness signatures on legal documents in accordance with specific state laws.
What are the qualifications of a notary?
Qualifications differ by state, but in California, notaries must meet all of the following requirements:
1. Be a resident of the State of California;
2. Be at least 18 years of age;
3. Satisfactorily complete a course of study approved by the Secretary of State;
4. Pass a written examination prescribed by the Secretary of State;
5. Be able to read, write, and understand English; and
6. Pass a background check.
What does it mean for a notary to be bonded?
California law requires every notary public to file an official bond. This bond is not an insurance policy, and is intended to protect the the public — not the notary — from liability or dishonesty. The bond is used to cover monetary damages for claims made against a notary and in general must be repaid by the notary in the event of a claim.
What does it mean for a notary to be insured?
Most notaries, including San Diego Notary - 92127, carry Errors and Omissions Insurance. If a notary makes an error performing a notarization and that error results in a claim against the notary, E&O insurance offers some financial protection against the notary's personal liability.
What is an acknowledgment?
An acknowledgment is the most frequently completed act by a notary. During an acknowledgment, a signer personally appears before the notary, the notary confirms the identity of the signer, and the signer acknowledges executing (signing) the document. (Note: the document does not have to be signed in the presence of a notary.)
What is a jurat?
A jurat is similar to an acknowledgment, but is identified by the wording "Subscribed and sworn to ...". In the jurat, the notary certifies that the signer personally appeared before the notary, the identify of the signer, that the signer executed (signed) the document in the presence of the notary, and that the notary administered an oath or affirmation. (In contrast to an acknowledgment, a jurat must be signed in the presence of a notary.)
Can a notary offer advice to a customer about the content of their document?
In most circumstances, no. Any questions about the document being notarized should be referred to the originator of the document. It is important to note that a notary is prohibited from performing any duties that may be construed as the unlawful practice of law (unless the notary is also a licensed attorney).
Can a notary perform notarial acts for relatives?
Yes, unless the notary would receive direct financial or beneficial interest from the notarial act. A notary public cannot under any circumstance perform notarial acts for themself.
Can a photograph be notarized?
No. A document must contain the following elements to be notarized: wording or text committing the signer to the document; notarial wording (which determines the type of notarization); and an original signature of the person appearing before the notary.
What is notarial wording?
Notarial wording determines the type of notarization required for the document. The notary never selects the wording; if the document does not already have notarial wording, the person signing the document must determine what type of notarization is required without the assistance of the notary. Notarial wording may be provided within the document or supplied as a loose certificate.