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AB 886 (Chapter 399) New Law
11/16/2007 2:48:04 AM

AB 886
(Chapter 399)

 

This act includes several provisions affecting notaries public:

  • Under the new act, "personally known" to the notary for taking an acknowledgment and executing a jurat is no longer allowed. No acknowledgment may be taken or jurat executed on personal knowledge alone. Violation subjects a notary to a civil penalty of up to $10,000 in an administrative action brought by the Secretary of State or a public prosecutor.
  • The certificate of acknowledgment now is executed under penalty of perjury. A notary who willfully states as true any material fact known to be false can be subject to a civil penalty of up to $10,000.
  • A notary public applicant must submit a photograph of their person to the Secretary of State along with the application.
  • The notary public journal must contain a notation that the identity of the person making an acknowledgment, or taking an oath or affirmation must be based on "satisfactory evidence" and not "personal knowledge."
  • A power of attorney document is added to the list of documents that requires a thumbprint.
  • When requested by a peace officer investigating a criminal offense, a notary must surrender their journal immediately or as soon a

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