CA Assembly Bill 1977

Legislation

State: California
Signed: September 18, 2026

Effective: January 01, 2027
Chapter: 280

Summary

Assembly Bill 977 formally recognizes in-person electronic notarial acts, authorizes California Notaries Public to charge a technology fee for online notarial acts if the act is cancelled under specified conditions, and tightens the California’s online notarization rules.

Affects

Amends Sections 8201, 8201.2, 8205, 8207, 8207.2, 8214.1, 8231.1, 8231.2, 8231.3, 8231.4, 8231.5, 8231.6, 8231.7, 8231.8, 8231.9, 8231.10, 8231.11, 8231.12, 8231.14, 8231.15, 8231.17, and 8231.18 of the Government Code.

Changes

Definitions

Defines “tangible sequential journal” to mean a journal, separate from an electronic journal, that meets the requirements of any rules or regulations adopted by the Secretary of State that is: (a) A permanently bound book with sequentially numbered pages, or (b) A digital equivalent of a permanently bound book that is tamper evident and capable of reproduction in printed form that keeps a sequential record of all notarial acts, whether online or in person, that is compiled and saved in one location.
Clarifies in the definition of “notary public’s electronic signature” that a Notary Public’s electronic signature must match the handwritten signature on the Notary’s official oath on file with the Secretary of State.
Clarifies in the definition of “electronic journal” that it is an electronic record maintained by a person acting as a Notary Public authorized to perform online notarizations while using an online notarization system.

Notary Commission and Online Notarization Authorization

Requires every Notary Public reapplying for appointment as a Notary to satisfactorily complete a written examination prescribed by the Secretary of State, in addition to existing education requirements.
Clarifies that a Notary Public who applies for reappointment and authorization to perform online notarizations must satisfactorily complete the (a) three-hour refresher course of study required by Government Code 8201(b)(4), (b) written examination required by Government Code 8201(a)(4), (c) two-hour course of study approved by the Secretary of State required by Government Code 8231.3(b)(1)(B), and (d) written examination on the duties of a Notary Public authorized to perform online notarizations required by Government Code 8231.3(b)(1)(B).
Requires the Secretary of State to review and approve courses of study proposed by any vendor offering required and Online Notary education.

In-Person Electronic Notarial Acts

Authorizes a Notary Public to sign acknowledgment and proof certificates, depositions, affidavits, oaths, affirmations, and power of attorney copy certifications with the Notary’s electronic signature rather than only in the Notary’s own handwriting.
Adds new 8205(b) requiring the electronic signature to include an image of the Notary Public’s handwritten signature that matches the signature on the official oath filed under 8213.
Permits storage of the electronic signature on a device or online media secured by multifactor authentication, bars sharing it with another person, and requires reasonable steps to protect it.

Official Notary Seal

Adds the Notary Public’s commission number and the sequential identification number assigned to the manufacturer or vendor of the electronic seal to the required seal elements in 8207(a).
Creates new Government Code 8207(e) governing electronic seals, requiring secure encrypted storage, exclusive control, multifactor authentication, and protection from unauthorized disclosure, access, or use.
Directs electronic seal manufacturers and vendors to apply for an identification number under Government Code 8207.2 rather than through a process prescribed by the Secretary of State.
Strikes the January 1, 1992, deadline for issuance procedures in 8207.2(b).
Replaces the Secretary of State’s discretionary cost-based permit fee with a mandatory $100 processing fee for seal vendor permits.
Expands the certificate of authorization in 8207.2(d) to cover purchase of an electronic seal as well as a notary stamp.

Online Notarization Platforms and Depositories

Requires a $5,000 initial fee and $1,000 renewal fee for online notarization platforms and depositories. Requires an online notarization platform and depository to renew its registration annually during the applicable time period.
Clarifies that if no required information has changed since its last filed application, an online notarization platform or depository may submit a prescribed notice to the Secretary of State in lieu of refiling a full application, while defining the applicable filing period and requiring the Secretary of State to issue electronic renewal notices through the Secretary’s web portal.
Clarifies that the applicable filing period for an online notarization platform or depository is the calendar month during which its original application was filed and the immediately preceding five calendar months. Requires the Secretary of State to provide an electronic notice to each online notarization platform or depository approximately three months prior to the close of the applicable filing period sent via the Secretary’s web portal containing the due date and further clarifies that the failure of the corporation to receive the notice is not an excuse for failure to comply with the annual registration requirement. Requires an online notarization platform or depository to file an updated application whenever any information required by Government Code 8213.14(d) changes, providing that each updated filing supersedes all prior applications, and imposing a $50 filing fee for each updated application submitted to the Secretary of State.
Requires an online notarization platform or depository that ceases to provide services, goes out of business, ceases operations, or is acquired by or merges with another entity that is not registered with the Secretary of state to notify the Secretary of State electronically through the Secretary of States web portal and without a fee at least 30 calendar days before the event in addition to notifying all Notaries who used the platform or depository.

Other Changes

Makes the failure to secure the electronic journal under Government Code 8231.5 and the willful failure to report the theft or loss of the electronic journal under Government Code 8231.5(e)(1) grounds for which the Secretary of State may refuse to appoint a person as a Notary Public or revoke or suspend the commission of a Notary.
Makes a violation of Government Codes 8231.5(f)(3) and 8231.13 grounds for which the Secretary of State may refuse to appoint a person as a Notary Public or revoke or suspend the commission of a Notary.
Requires the Secretary of State to publish and regularly update a public online registry identifying registered online notarization platforms and depositories.
Corrects typographical and pointer reference errors, makes stylistic and technical changes, and deletes obsolete provisions.

Analysis

Assembly Bill 1977 is best understood as a cleanup and consolidation measure for online notarization that also adds some very noteworthy provisions. One change formally recognizes in-person electronic notarization. Government Code 8205 authorizes a Notary Public to sign the core notarial acts electronically, and Government Code 8207 sets one set of seal requirements for both paper and electronic seals. The fee amendments are the most consequential for the Notary in daily practice. The bill states that a fee for an online notarial act may not be charged unless the act is completed and a technology fee is permitted only under specified conditions. The NNA drafted the fee provisions which were subsequently approved by all stakeholders, including the Secretary of State’s office. The remaining provisions tighten the edges of the online notarization framework that has yet to become operative. Online notarization platforms and depositories must now renew annually and pay fixed fees, the Secretary of State must publish and maintain a current list of registered providers, and the journal and retention duties are stated in terms of the electronic journal and the tangible sequential journal as distinct records.

Read Assembly Bill 1977.