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ACTS CONSTITUTING THE PRACTICE OF
LAW
California notaries are prohibited from performing any duties, which may be construed as the unlawful practice of law. Among the acts, which constitute the practice of law, are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice with relation to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.
===========
Many documents that are acknowledged may later be recorded. The recorder will not accept a document if the notary public seal is illegible. Notaries are cautioned to take care that the notary public stamp leaves a clear impression. All the elements must be easily discernible. The seal should not be placed over signatures or any printed matter on the document. An illegible or improperly placed seal may result in rejection of the document for recordation and result in inconveniences and extra expenses for all those involved.
===========
The law allows a condition under which a notary public may authenticate an official act without using an official notary public seal. Because subdivision maps are usually drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgments for California subdivision map certificates may be notarized without the official seal. The notary public’s name, the county of the notary public’s principal place of business, and the commission expiration date must be typed or printed below or immediately adjacent to the notary public’s signature on the acknowledgment. (Government Code section 66436(c))
======
IDENTIFICATION
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document (Civil Code sections 1185(a), 1189, Government Code section 8202).
Identity is established if the notary public personally knows the signer or if the notary public is presented with satisfactory evidence of the signer’s identity.
(Civil Code section 1185(a))
Personally Knows – “Personally Knows” means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual’s identity with at least reasonable certainty. (Civil Code section 1185(b))
Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual he or she claims to be
A. Paper Identification Documents – Identity of the signer can be established by the notary public’s reasonable reliance on the presentation of any one of the following documents, provided that the identification document is current or has been issued within five years (Civil Code section 1185(c)(3) & (4)):
1. An identification card or driver’s license issued by the California Department of Motor Vehicles;
2. A United States passport;
3. Other State-approved identification card, consisting of any one of the following, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number –
(a) A passport issued by a foreign government, provided that it has been stamped by the U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;
(b) A driver’s license issued by another state or by a Canadian or Mexican public agency authorized to issue drivers’ licenses;
(c) An identification card issued by another state;
(d) A military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.);
(e) An inmate identification card issued by the California Department of Corrections, if the inmate is in custody.
NOTE: The notary public must include in his or her journal the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document that was used to establish the identity of the signer. (Government Code section 8206(a)(2)(D))
B. Oath of a Single Credible Witness – The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows. (Civil Code section 1185(c)(1))
Under oath, the credible witness must swear or affirm under penalty of perjury that each of the following is true (Civil Code section 1185(c)(1)(A)-(E)):
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witness does not have a financial interest and is not named in the document signed.
NOTE: The single credible witness must sign the notary public’s journal. (Government Code section 8206(a)(2)(D)) No paper identification document is used since the notary public personally knows the single credible witness. (Civil Code section 1185(c)(1))
C. Oaths of Two Credible Witnesses – The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know. (Civil Code section 1185(c)(2))
However, in such a case, the notary public must first establish the identities of the two credible witnesses by the presentation of paper identification documents as set forth above.
Under oath, the credible witnesses must then swear or affirm under penalty of perjury that each of the following is true. (Civil Code sections 1185(c)(2) and 1185(c)(1)(A)-(E))
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witnesses personally know the signer;
3. The credible witnesses reasonably believe that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witnesses do not have a financial interest and are not named in the document signed.
NOTE: The credible witnesses must sign the notary public’s journal and the notary public must indicate in his or her journal the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities. (Government Code section 8206(a)(2)(E))
========
If a person, called the principal, has signed a document, but cannot personally appear before a notary public, another individual can appear on that principal’s behalf to prove the execution by the principal. That person is called a subscribing witness. (Civil Code section 1195)
NOTE: A proof of execution by a subscribing witness cannot be used in conjunction with any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or a Grant Deed document. (Government Code section 27287)
==============
The requirements for proof of execution by a subscribing witness are as follows:
1. The subscribing witness must be able to say, under oath, that he or she either saw the principal sign the document or heard the principal acknowledge that he or she signed the document. (Code of Civil Procedure section 1935)
2. The subscribing witness must personally know the notary public, or if the subscribing witness does not personally know the notary public, then his or her identity must be established, or proved, by a third party. That third party must personally know both the subscribing witness and the notary public. (Civil Code section 1196)
That third party is called a credible witness. Since the subscribing witness must be personally known by the notary public, or by one credible witness, paper identification cannot be used in establishing the subscribing witness’ identity. (Civil Code section 1196)
3. The subscribing witness must sign the document. (Code of Civil Procedure section 1935 and Civil Code section 1197)
4. The subscribing witness must sign the notary public’s official journal. (Government Code section 8206(a)(2)(C)) In addition, if the identity of the subscribing witness was established by a third party, or credible witness, then the credible witness must also sign the notary public’s official journal. (Government Code section 8206(a)(2)(D))
==============
NOTE: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.
======
SIGNATURE BY MARK
When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code section 14) The requirements for signature by mark are as follows:
1. The person signing the document by mark must be identified by the notary public by either personal knowledge or satisfactory evidence. (Civil Code section 1185)
2. Two persons must witness the signer's mark. These two persons must subscribe their own names as witnesses on the document. One witness should write the person’s name next to the person’s mark and then the witness should sign his or her name as a witness. The witnesses are only verifying that they witnessed the individual make his or her mark on the document. A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public’s journal.
Date: ________________ Name:_________________By:_______________
Witness #1
_______________
Witness #2
========
POWERS OF ATTORNEY - CERTIFYING
A notary public can certify copies of powers of attorney. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney. (Probate Code section 4307)
==========
NOTARIZATION OF INCOMPLETE DOCUMENTS
A notary public may not notarize a document, which is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (Government Code section 8205)
========
CERTIFIED COPIES
California statute specifies that a notary public may only certify copies of powers of attorney under Probate Code section 4307, and copies of his or her notary public journal. (Government Code sections 8205(a)(4) and 8205(b)(1))
Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)
=========
WILLS
The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary public may do so.
=======
IMMIGRATION DOCUMENTS
Contrary to popular belief, there is no prohibition against notarizing immigration
documents. However, several laws specifically outline what a notary public can and cannot do. Only a person who is qualified and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms.
A notary public may not charge any individual more than $10 for each set of forms, unless the notary public is also an attorney who is rendering professional services as an attorney. This fee limitation applies even if the person is not performing notarial duties. (Government Code section 8223)
=======
Fees charged for services performed
Government Code section 8211 specifies the maximum fees that may be charged for notary public services; however, a notary public may elect to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public’s employer provided it does not exceed the maximum fees. To avoid possible problems, the fees charged (or not charged) should be consistent from customer to customer. The notary public is still required to make an entry in the notary public journal even if no fee was charged, such as “no fee” or “0.” (Government Code section 8206)
=======
EXCEPTIONS:
1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries appointed to military and naval reservations in accordance with 8203.1;
2) pursuant to Elections Code section 8080, no fee shall be collected by notaries for verifying any nomination document or circulator’s affidavit; and
3) pursuant to Government Code section 6107, no fee may be charged to United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit. In addition, Government Code section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5, to charge for all services and remit the fees received to the employing agency. The fee charged must still be entered in the journal.
========
A notary public is not prohibited from notarizing for relatives, unless doing so would provide a direct financial or beneficial interest to the notary public. (Government Code section 8224)
With California’s community property law, care should be exercised if notarizing for a spouse.
=========
A notary public can notarize a signature on a document in a foreign language, with which they are not familiar, as a notary public is not responsible for the contents of the document.
The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. If unable to identify the type of document, the notary public must make an entry to that effect in their journal, e.g. “a document in a foreign language.”
The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete. The notary public is responsible for completing the acknowledgment or jurat form.
======
When notarizing a signature on a document, a notary public must be able to communicate with their customer in order for the signer to either swear to or affirm the contents of the affidavit or to acknowledge the execution of the document.
An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public that speaks the customer’s language.
==========
Am I required to see the person sign the document at the time I perform the notarization?
Ans:
If you are preparing an acknowledgment form, then “no.” The document can be executed before the person brings it to you for notarization. In an acknowledgment, the signer is acknowledging that he/she executed the document, not that they executed the document in your presence.
However, when preparing a jurat form, then “yes.” The person requesting the jurat form must appear before you, take an oath, and sign the document in your presence.
In addition, for both an acknowledgment and a jurat, the notary public must certify to the identity of the signer. (Civil Code section 1189 and Government Code section 8202)
=========
Fees
Fees charged by a notary public for the following services shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of ten dollars ($10) for each signature taken.
(b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of ten dollars ($10).
(c) For all services rendered in connection with the taking of any deposition, the sum of twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition.
(d) For every protest for the nonpayment of a promissory note or for the nonpayment or nonacceptance of a Bill of Exchange, draft, or check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or of nonpayment or nonacceptance of a Bill of Exchange, order, draft, or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on absentee ballot identification envelopes or other voting materials.
(h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit.
========
Certificate of acknowledgment
An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate in the form prescribed in Section 1189.
======
Fee for verification
No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit.
=======
If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.
If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the
journal.
If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.
=========
California notaries are prohibited from performing any duties, which may be construed as the unlawful practice of law. Among the acts, which constitute the practice of law, are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice with relation to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.
===========
Many documents that are acknowledged may later be recorded. The recorder will not accept a document if the notary public seal is illegible. Notaries are cautioned to take care that the notary public stamp leaves a clear impression. All the elements must be easily discernible. The seal should not be placed over signatures or any printed matter on the document. An illegible or improperly placed seal may result in rejection of the document for recordation and result in inconveniences and extra expenses for all those involved.
===========
The law allows a condition under which a notary public may authenticate an official act without using an official notary public seal. Because subdivision maps are usually drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgments for California subdivision map certificates may be notarized without the official seal. The notary public’s name, the county of the notary public’s principal place of business, and the commission expiration date must be typed or printed below or immediately adjacent to the notary public’s signature on the acknowledgment. (Government Code section 66436(c))
======
IDENTIFICATION
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document (Civil Code sections 1185(a), 1189, Government Code section 8202).
Identity is established if the notary public personally knows the signer or if the notary public is presented with satisfactory evidence of the signer’s identity.
(Civil Code section 1185(a))
Personally Knows – “Personally Knows” means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual’s identity with at least reasonable certainty. (Civil Code section 1185(b))
Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual he or she claims to be
A. Paper Identification Documents – Identity of the signer can be established by the notary public’s reasonable reliance on the presentation of any one of the following documents, provided that the identification document is current or has been issued within five years (Civil Code section 1185(c)(3) & (4)):
1. An identification card or driver’s license issued by the California Department of Motor Vehicles;
2. A United States passport;
3. Other State-approved identification card, consisting of any one of the following, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number –
(a) A passport issued by a foreign government, provided that it has been stamped by the U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;
(b) A driver’s license issued by another state or by a Canadian or Mexican public agency authorized to issue drivers’ licenses;
(c) An identification card issued by another state;
(d) A military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.);
(e) An inmate identification card issued by the California Department of Corrections, if the inmate is in custody.
NOTE: The notary public must include in his or her journal the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document that was used to establish the identity of the signer. (Government Code section 8206(a)(2)(D))
B. Oath of a Single Credible Witness – The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows. (Civil Code section 1185(c)(1))
Under oath, the credible witness must swear or affirm under penalty of perjury that each of the following is true (Civil Code section 1185(c)(1)(A)-(E)):
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witness does not have a financial interest and is not named in the document signed.
NOTE: The single credible witness must sign the notary public’s journal. (Government Code section 8206(a)(2)(D)) No paper identification document is used since the notary public personally knows the single credible witness. (Civil Code section 1185(c)(1))
C. Oaths of Two Credible Witnesses – The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know. (Civil Code section 1185(c)(2))
However, in such a case, the notary public must first establish the identities of the two credible witnesses by the presentation of paper identification documents as set forth above.
Under oath, the credible witnesses must then swear or affirm under penalty of perjury that each of the following is true. (Civil Code sections 1185(c)(2) and 1185(c)(1)(A)-(E))
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witnesses personally know the signer;
3. The credible witnesses reasonably believe that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;
5. The credible witnesses do not have a financial interest and are not named in the document signed.
NOTE: The credible witnesses must sign the notary public’s journal and the notary public must indicate in his or her journal the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identities. (Government Code section 8206(a)(2)(E))
========
If a person, called the principal, has signed a document, but cannot personally appear before a notary public, another individual can appear on that principal’s behalf to prove the execution by the principal. That person is called a subscribing witness. (Civil Code section 1195)
NOTE: A proof of execution by a subscribing witness cannot be used in conjunction with any Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, or a Grant Deed document. (Government Code section 27287)
==============
The requirements for proof of execution by a subscribing witness are as follows:
1. The subscribing witness must be able to say, under oath, that he or she either saw the principal sign the document or heard the principal acknowledge that he or she signed the document. (Code of Civil Procedure section 1935)
2. The subscribing witness must personally know the notary public, or if the subscribing witness does not personally know the notary public, then his or her identity must be established, or proved, by a third party. That third party must personally know both the subscribing witness and the notary public. (Civil Code section 1196)
That third party is called a credible witness. Since the subscribing witness must be personally known by the notary public, or by one credible witness, paper identification cannot be used in establishing the subscribing witness’ identity. (Civil Code section 1196)
3. The subscribing witness must sign the document. (Code of Civil Procedure section 1935 and Civil Code section 1197)
4. The subscribing witness must sign the notary public’s official journal. (Government Code section 8206(a)(2)(C)) In addition, if the identity of the subscribing witness was established by a third party, or credible witness, then the credible witness must also sign the notary public’s official journal. (Government Code section 8206(a)(2)(D))
==============
NOTE: It is not acceptable to affix a notary public seal and signature to a document without the notarial wording.
======
SIGNATURE BY MARK
When the signer of an instrument cannot write (sign) his or her name, that person may sign the document by mark. (Civil Code section 14) The requirements for signature by mark are as follows:
1. The person signing the document by mark must be identified by the notary public by either personal knowledge or satisfactory evidence. (Civil Code section 1185)
2. Two persons must witness the signer's mark. These two persons must subscribe their own names as witnesses on the document. One witness should write the person’s name next to the person’s mark and then the witness should sign his or her name as a witness. The witnesses are only verifying that they witnessed the individual make his or her mark on the document. A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public’s journal.
Date: ________________ Name:_________________By:_______________
Witness #1
_______________
Witness #2
========
POWERS OF ATTORNEY - CERTIFYING
A notary public can certify copies of powers of attorney. A certified copy of a power of attorney that has been certified by a notary public has the same force and effect as the original power of attorney. (Probate Code section 4307)
==========
NOTARIZATION OF INCOMPLETE DOCUMENTS
A notary public may not notarize a document, which is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (Government Code section 8205)
========
CERTIFIED COPIES
California statute specifies that a notary public may only certify copies of powers of attorney under Probate Code section 4307, and copies of his or her notary public journal. (Government Code sections 8205(a)(4) and 8205(b)(1))
Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)
=========
WILLS
The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary public may do so.
=======
IMMIGRATION DOCUMENTS
Contrary to popular belief, there is no prohibition against notarizing immigration
documents. However, several laws specifically outline what a notary public can and cannot do. Only a person who is qualified and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms.
A notary public may not charge any individual more than $10 for each set of forms, unless the notary public is also an attorney who is rendering professional services as an attorney. This fee limitation applies even if the person is not performing notarial duties. (Government Code section 8223)
=======
Fees charged for services performed
Government Code section 8211 specifies the maximum fees that may be charged for notary public services; however, a notary public may elect to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public’s employer provided it does not exceed the maximum fees. To avoid possible problems, the fees charged (or not charged) should be consistent from customer to customer. The notary public is still required to make an entry in the notary public journal even if no fee was charged, such as “no fee” or “0.” (Government Code section 8206)
=======
EXCEPTIONS:
1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries appointed to military and naval reservations in accordance with 8203.1;
2) pursuant to Elections Code section 8080, no fee shall be collected by notaries for verifying any nomination document or circulator’s affidavit; and
3) pursuant to Government Code section 6107, no fee may be charged to United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit. In addition, Government Code section 6100 requires any notary public who is appointed to act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5, to charge for all services and remit the fees received to the employing agency. The fee charged must still be entered in the journal.
========
A notary public is not prohibited from notarizing for relatives, unless doing so would provide a direct financial or beneficial interest to the notary public. (Government Code section 8224)
With California’s community property law, care should be exercised if notarizing for a spouse.
=========
A notary public can notarize a signature on a document in a foreign language, with which they are not familiar, as a notary public is not responsible for the contents of the document.
The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. If unable to identify the type of document, the notary public must make an entry to that effect in their journal, e.g. “a document in a foreign language.”
The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete. The notary public is responsible for completing the acknowledgment or jurat form.
======
When notarizing a signature on a document, a notary public must be able to communicate with their customer in order for the signer to either swear to or affirm the contents of the affidavit or to acknowledge the execution of the document.
An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public that speaks the customer’s language.
==========
Am I required to see the person sign the document at the time I perform the notarization?
Ans:
If you are preparing an acknowledgment form, then “no.” The document can be executed before the person brings it to you for notarization. In an acknowledgment, the signer is acknowledging that he/she executed the document, not that they executed the document in your presence.
However, when preparing a jurat form, then “yes.” The person requesting the jurat form must appear before you, take an oath, and sign the document in your presence.
In addition, for both an acknowledgment and a jurat, the notary public must certify to the identity of the signer. (Civil Code section 1189 and Government Code section 8202)
=========
Fees
Fees charged by a notary public for the following services shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of ten dollars ($10) for each signature taken.
(b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of ten dollars ($10).
(c) For all services rendered in connection with the taking of any deposition, the sum of twenty dollars ($20), and in addition thereto, the sum of five dollars ($5) for administering the oath to the witness and the sum of five dollars ($5) for the certificate to the deposition.
(d) For every protest for the nonpayment of a promissory note or for the nonpayment or nonacceptance of a Bill of Exchange, draft, or check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or of nonpayment or nonacceptance of a Bill of Exchange, order, draft, or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on absentee ballot identification envelopes or other voting materials.
(h) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit.
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Certificate of acknowledgment
An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate in the form prescribed in Section 1189.
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Fee for verification
No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit.
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If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal.
If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the
journal.
If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.
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