What Does a Notary Public Do
A California notary public is an official commissioned by the Secretary of State to serve as an impartial witness when important documents are signed. Notaries verify the identity of signers, ensure they are signing willingly, and help prevent fraud in legal and financial transactions.
Documents that often require notarization include real estate deeds, affidavits, powers of attorney, loan documents, and business contracts. Because their work safeguards the integrity of official paperwork, notaries must complete a state-regulated licensing process.
Eligibility Requirements
Applicants must meet the state’s basic qualifications before applying for a commission:
- Be at least 18 years old
- Be a legal resident of California
- Have no disqualifying criminal convictions
The California Secretary of State conducts a background review for each applicant. All prior convictions must be disclosed accurately. Failure to do so can delay or result in denial of a commission.
Complete the Required Education Course
First-time applicants must complete a six-hour notary public education course from a state-approved provider. The course covers California notary laws, duties, and best practices, including identifying signers, keeping accurate journals, and avoiding fraudulent acts.
After completing the course, applicants receive a Proof of Completion certificate, valid for two years. This certificate is required when registering for the notary public exam.
Commission renewals may qualify for a three-hour refresher course instead of the full six hours if the renewal is completed before the current commission expires.
Pass the California Notary Public Exam
After the education requirement, applicants must pass the state notary exam administered by CPS HR Consulting, the official testing vendor. The exam is offered year-round at multiple locations across California.
Items required on exam day:
- A valid photo ID (such as a driver’s license or passport)
- Proof of Completion certificate
- Completed Notary Public Application form with a passport-style photo
- $40 exam fee by check or money order
The exam includes multiple-choice questions on notary laws and procedures. A passing score is required to continue the process. Unsuccessful candidates may retake the exam at a later date.
Submit Fingerprints for a Background Check
After passing the exam, applicants must complete Live Scan fingerprinting for both the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).
Fingerprints must be submitted within one year of the exam date. The fingerprinting process verifies the applicant’s identity and checks for any disqualifying criminal history. Completing this step promptly helps avoid delays in commission approval.
Receive Your Commission Packet
Once the applicant passes the exam and background check, the California Secretary of State issues a commission packet by mail.
The packet includes:
- The official Notary Public Commission Certificate
- Instructions for filing the oath and bond
- Authorization to purchase an official seal
- A list of approved seal manufacturers
All details in the packet should be reviewed carefully for accuracy before proceeding.
Purchase the Surety Bond and Notary Supplies
Each California notary is required to obtain a $15,000 surety bond to protect the public from potential misconduct or negligence. The bond guarantees that the notary will comply with state laws and perform duties ethically.
The surety bond must cover the four-year commission term and be issued by a company authorized to operate in California.
Notaries must also purchase:
- An official notary seal from a state-approved manufacturer
- A notary journal to record every notarization performed
Optional Errors and Omissions (E&O) insurance can also be obtained for personal financial protection but is not required by the state.
File the Oath and Bond with the County Clerk
The final step to activate a notary commission is filing the oath of office and bond with the county clerk’s office where the notary’s principal place of business is located.
This filing must be completed within 30 days of the commission start date. Missing this deadline voids the commission and requires restarting portions of the application process.
When filing, bring:
- The original surety bond
- Completed oath of office form
- A valid photo ID
- Applicable county filing fees
Once filed, the notary is officially authorized to perform notarial acts in California.
Authorized Notarial Acts
After being commissioned, a California notary may perform the following acts:
- Acknowledgments (verifying the signer’s identity)
- Jurats (administering oaths and affirmations)
- Certifying copies of powers of attorney
- Witnessing signatures and confirming voluntary signing
Notaries must keep a detailed journal of all notarial acts and affix their official seal to every notarized document. California law requires impartiality, confidentiality, and adherence to all legal standards.
Costs, Renewal, and Ongoing Requirements
Typical Costs
Becoming a notary involves several standard expenses:
- Education course: $50–$100
- Exam fee: $40
- Live Scan fingerprinting: $70–$90
- Surety bond: $50–$130
- Seal and journal: $40–$70
- County filing fees: $25–$40
Total initial costs generally range from $250 to $400.
Renewal Process
A California notary public commission lasts for four years. Renewals can begin up to six months before the current commission expires.
Renewing notaries may take a three-hour refresher course instead of repeating the full six-hour education, provided the current commission is still active. The renewal also requires retaking the notary exam, obtaining a new bond, and refiling with the county.
Ongoing Obligations
Notaries must notify the Secretary of State of any name or address changes within 30 days and follow all state regulations. Accurate recordkeeping and timely renewals are required to maintain good standing.
Common Mistakes to Avoid
- Waiting too long to schedule the exam after the education certificate expires
- Failing to file the bond and oath within 30 days of the commission start date
- Using an unapproved notary seal manufacturer
- Neglecting to maintain a complete notary journal
- Providing inaccurate or incomplete information on the application
Avoiding these issues helps ensure compliance with California notary laws.
Frequently Asked Questions
Can a nonresident become a California notary?
No. Only legal residents of California are eligible for a notary commission.
How long does the entire process take?
The average timeframe is six to ten weeks from the start of the education course to receiving the commission certificate.
Is remote online notarization allowed in California?
No. As of now, California law only allows in-person notarizations.
Is Errors and Omissions (E&O) insurance required?
No. E&O insurance is optional and serves as additional personal protection for notaries.
What happens if a notary makes a mistake during notarization?
If a notary error causes a financial loss, the surety company may compensate the affected party but will require reimbursement from the notary.
Conclusion
Becoming a licensed notary public in California requires meeting eligibility criteria, completing education, passing the exam, clearing a background check, purchasing a surety bond, and filing with the county clerk. Once commissioned, notaries play a key role in preventing fraud and ensuring the authenticity of important documents across business, legal, and financial transactions.
