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Duties, Powers, and Qualifications of the Office

How a person becomes a California notary, the scope and limits of the commission, and the ongoing duties that keep it valid. Includes the bond, commission term, jurisdiction, prohibited acts, and the reporting rules for address and name changes.

Becoming a Notary

The Secretary of State appoints notaries, but only after the applicant meets the statutory qualifications and clears a background check.

The applicant must be at least 18 years old and a legal resident of California; U.S. citizenship is not required.
First-time applicants complete a 6-hour approved course; renewals complete a 3-hour refresher.
The applicant must pass the Secretary of State's proctored examination.
The applicant must submit fingerprints via Live Scan for a background check.
A felony conviction, or a conviction involving dishonesty or moral turpitude, can bar appointment.

Bond, Oath, and Commission Term

Before acting, the notary must file an oath and bond, and the commission runs for a fixed term.

The notary must file a $15,000 bond, which protects the public—not the notary.
The oath and bond must be filed with the county clerk within 30 days of the commission's start date.
The commission is valid for 4 years and is not automatically renewed.
If the surety pays a claim on the bond, the notary must reimburse the surety.

Jurisdiction and Authority

A California notary is a statewide officer with defined powers, but the authority stops at the state line.

A notary may perform acts anywhere within California.
A notary may not perform any act while physically located outside California.
The location of the signer or the property does not limit a California notary's statewide authority.
The notary owns the commission, seal, and journal even when an employer pays for them.

Prohibited Acts and Disqualification

Certain acts are absolutely prohibited, and violating them risks discipline or revocation.

A notary may never notarize his or her own signature.
A notary may not act when a party to, or financially/beneficially interested in, the transaction beyond the notary fee.
A non-attorney notary may not give legal advice or select the notarial certificate for the signer.
A non-attorney notary may not translate 'notary public' into 'notario publico.'
Failing to disclose material facts on the application can lead to denial or revocation.

Address Changes, Name Changes, and Leaving Office

Keeping the Secretary of State informed and properly closing out the commission are continuing duties.

Report an address change to the Secretary of State by certified mail (or another authorized method) within 30 days; failure risks a civil penalty of up to $500.
A name change requires applying to the Secretary of State for an amended commission before using the new name.
On resignation, revocation, or expiration, deliver all journals to the county clerk within 30 days.
Destroy or deface the seal when the commission ends so it cannot be misused.
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Last updated: July 2026

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