Notary Public

Notary Public Information:  A notary is a public officer appointed under authority of State law who has power under the law to administer an oath, to certify affidavits, to take acknowledgments, depositions or testimony, and to take certain actions in some commercial transactions, such as the protesting of negotiable instruments. Documents and signatures of the notary are authenticated by recognition of the notary seal.

Notary Publics are prohibited by law from rendering legal advice of any nature during or in conjunction with a Notarial Act. If you have any questions, please consult an attorney PRIOR to contacting a Notary.   

A Notary Public is bound by the laws of the State of California. The Notary Public/Signing Agent is not a legal representative of either the borrower or the lender and therefore cannot and will not render any legal advice, nor give any opinion of the loan or its terms during the course of the loan signing.

Notaries are commissioned by the Secretary of State as a public officer qualified and bonded under the laws of a particular jurisdiction for the performance of notarial acts, usually in connection with the execution of some document.

All notarization fees are based on the California statutory code. State of California standard per notarized signature is $10.

The state does not  regulate additional charges for items such as travel, copying, faxing, documentation, preparation and any other related service.  No two notarizations are exactly alike, some require hours of preparation while others may require only the completion of a simple form; fees may reflect this. For actual notarization and service fees, please request a quote prior to services. To allow for expedient notarization without incurring additional fees, please be certain all documents are appropriately completed.

Notaries cannot "back date" documents as it is illegal to do so.

Notarial Acts and their Description

Attestation  (Oath / Affirmation) 

An oath is an outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God. In a broad sense the word “oath” includes all forms of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truly, and in this sense it includes “affirmation”. An affirmation is a solemn and formal declaration or asseveration in the nature of an oath that a statement, or series of statements, is true. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by any person having conscientious scruples against taking an oath. As a general rule, an affirmation has the same legal force and effect as an oath.

Jurat 

The written statement attesting to the administration of an oath or affirmation is known as a jurat. The jurat must be signed and sealed by the notarizing officer.

Affidavit

An affidavit is a written declaration under oath made before some person who has authority to administer oaths, without notice to any adverse party that may exist. One test of the sufficiency of an affidavit is whether it is so clear and certain that it will sustain an indictment for perjury, if found to be false. An affidavit differs from a deposition in that it is taken ex parte and without notice, while a deposition is taken after notice has been furnished to the opposite party, who is given an opportunity to cross-examine the witness.

Affidavits are usually drawn by competent attorneys or are set out in established forms.

Acknowledgement

An acknowledgment is a proceeding by which a person who has executed an instrument goes before a competent officer or court and declares it to be his act and deed to entitle it to be recorded or to be received in evidence without further proof of execution. An acknowledgment is almost never made under oath and should not be confused with an oath. Moreover, an acknowledgment is not the same as an attestation, the latter being the act of witnessing the execution of an instrument and then signing it as a witness. Instruments requiring acknowledgment generally are those relating to land, such as deeds, mortgages, leases, contracts for the sale of land, and so on.

Authentication

An authentication is a certification of the genuineness of the official character, i.e., signature and seal, or position of a foreign official. It is an act done with the intention of causing a document which has been executed or issued in one jurisdiction to be recognized in another jurisdiction. Documents which may require authentication include legal instruments notarized by foreign notaries or other officials, and copies of public records, such as birth, death, and marriage certificates, issued by foreign record keepers. Contact the Secretary of State for more information.

Deposition

A deposition is the testimony of a witness taken in writing under oath or affirmation, before some designated or appointed person or officer, in answer to interrogatories, oral or written.

Certified Copy

A certified copy if a copy which contains a statement that the certifying notary has examined the original and the copy and that the copy is a true and correct copy of the original.

Protest (Certificate of Dishonor)  (Notice of Dishonor)