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Under the new act, “personally known” as a basis for the notary 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.
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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.
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A notary public applicant must submit a photograph of their person to the Secretary of State along with the application.
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The notary public journal must contain a notation that the identity of the person making an acknowledgment, or taking an oath or affirmation is based on “satisfactory evidence” and not “personal knowledge.”
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A power of attorney document is added to the list of documents that requires a thumbprint.
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When requested by a peace officer investigating a criminal offense, a notary must surrender their journal immediately or as soon as possible if the journal is not present. The peace officer must have probable cause to believe that the journal contains evidence of a criminal offense. The peace officer who seizes a journal must notify the Secretary of State within 24 hours or as soon as possible of the name of the notary public whose journal was seized.
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Willful failure to notify the Secretary of State of a change of address is punishable as an infraction by a fine of up to $500, willful failure to notify the Secretary of State of a name change is punishable as an infraction by a fine of up to $500, willful failure of a notary to provide a peace officer with a journal when requested is punishable by a civil penalty of up to $2,500, and a notary who fails to obtain a thumbprint as required by Government Code section 8206 is subject to a civil penalty up to $2,500.
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Willful failure to report the theft or loss of a journal is grounds for revocation or suspension of a notary commission. New grounds for denial of an application or revocation or suspension have been added for crimes connected to notarial acts: making a false writing, fraud relating to a deed of trust, improper notarial acts, unlawfully acting as a notary, filing false or forged documents, forgery, embezzlement, and falsely obtaining personal information. Also, willful failure to provide access to a journal when requested by a peace officer is grounds for revocation or suspension.