September 28, 2006

Ask The Lawyer

How can you become a notary public

This week's question:
I have been wondering how one becomes a notary public. It looks interesting to me. I know I will not get rich doing that kind of work, but a little extra pocket money would be nice. And the position carries a lot of respect. How can I become a notary public in California? Is it difficult? How much does it cost? Where can I find more information?

Allison A.
Almaden Valley

Dear Allison:
You have lots of questions for me to answer in the space allotted to me, but I will try my best.

A notary public in California is a person of proven integrity appointed by the government to serve the public as an impartial witness in taking acknowledgments, administering oaths and affirmations, and performing other acts authorized by law.

You must be at least 18 years of age. You need to be able to read, write, and understand English. You must be a resident of California, but need not be a U.S. citizen.

You must possess integrity—your background will be checked by the government. Before being sworn in, you must be fingerprinted as part of that background check.

In order to obtain a Notary commission after July 1, 2005, you must complete a six-hour educational course prior to becoming a notary. You will need to list all misdemeanor and felony arrests and convictions on your application form. And you will need to declare all actions taken against a professional license.

Once sworn in, your term of office is four years, which can be renewed. Your job is to serve the public, act as an impartial witness and deter fraud. Your boss is the California Secretary of State, even though you may work for a company, an attorney's office, or are self-employed.

One of the notary's primary jobs is to perform acknowledgments. An acknowledgment is a notarial act in which a notary certifies having positively identified a document signer who admitted having signed the document. The primary function of an acknowledgment is positive identification of the document signer—verifying that the person who signed the document is, in fact, the person named in it. Check the deed to your house. I'm sure toward the bottom of the document you will find a notarial acknowledgment.

Every notary is required to keep a journal or book with certain important information preserved on record. This journal can provide valuable evidence if a notarized document is lost, stolen, or altered, or if certain facts about the transaction are challenged later. When the notary resigns or moves to another state, the journal must be delivered to the county clerk.

Notaries are also required to have and retain a stamp or seal. When a notary stamps a document with the notary seal, the imprint of the notary's official seal authenticates the notary's signature and makes the act official. It also verifies the notary's name, commission number, county of residence, and date that the commission expires. You must retain your notary seal even if you change jobs, since it is yours as a notary and not your employer's.

Notary fees are set by law at $10 per signature. That fee covers each signature for acknowledgments, proofs of executions by subscribing witnesses, oaths and affirmations and jurats. All are $10 per signature. Other rather nominal fees apply to other notarial acts.

How much does it cost to become a notary? You need to attend the six-hour course, pay for the exam fee, finger printing fee, one-year bond, seal/stamp, inkless thumbprinter (if you notarize deeds), and "malpractice" insurance for one year, plus incidental supplies. Total minimum costs are around $450. Add a few extra dollars for a few optional items.

How long does it take to become a notary? The National Notary Association sponsors classes in many areas, including the South Bay. The class is given from about 8 a.m. to 4 p.m. (with an hour for lunch), followed by the exam at 4 p.m.

The approximate total time from class and exam to swearing in is about seven to eight weeks, although this varies. You may keep taking the exam until you pass. The minimum score is 70 percent of the 30 questions taken during the 50-minute exam. Not everyone passes on the first try.

You can obtain a wealth of information by logging onto the California Secretary of State website at: www.ss.ca.gov/business/notary/notary.htm. You can also learn a lot by contacting the National Notary Association at: www.nationalnotary.org, telephone: 800-876-6827. They have all the information you need to become a California notary public. Over the years, notaries in our office have especially liked the National Notary Association's toll-free telephone hotline and the 24-hour notary help online.

So, good luck, Allison. Let me know when you are sworn in!

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.