How to notarize a document in California

Updated 7-24-23. California has very specific requirements for notarizing documents. To help California Notaries carry out their essential task, here is a step-by-step procedure to perform a proper notarization:

Step 1: Personal appearance is required

Under California law, every signer must personally appear before you at the time of the notarization. This means that you and the signer must both be physically present, face to face in the same room, when the notarization takes place.

This protects your signer, your employer and others from potential fraud — and you from potential liability.

While many other states authorize remote online notarizations where the signer and Notary can communicate remotely using audiovisual technology, this is not allowed for California Notaries.

Personal appearance also allows you to complete other steps in a proper notarization. 

Step 2: Check over the document before notarizing

Quickly look over the document to do the following:

A. Check if there is a Notary certificate. The certificate informs you what type of notarization to perform. You’ll also need to verify that the certificate complies with California law. If there is no certificate, the signer will need to tell you the type of notarization, and you’ll need to attach an appropriate certificate form. The most common certificates are acknowledgments and jurats, and each has its own requirements.

[Note: The wording on all documents being filed in California must match exactly what is mandated by the state. If you are completing an acknowledgment for a document going out of state, you may use wording that does not match California’s acknowledgment as long as the wording does not require you to certify that the signer holds a particular representative capacity. If there is no pre-printed certificate wording, ask your signer what type of notarization is required and then attach the appropriate certificate. If they do not know what type of notarization they need, you may describe the various notarial acts, but you may not make the choice for the signer unless you are a licensed attorney. If your signer still cannot decide, they should contact the issuing or receiving agency.]

B. Check for blank spaces. State law requires you to make sure there are no blanks on the document. Documents with blank spaces can be altered later in an attempt to commit fraud, so you must refuse to notarize incomplete documents.

C. Request any information you need for your journal entry (such as the document title).

D. Check the signature date, which should never come after the date of the notarization.

Glancing over the document does not mean reading it in detail. It means perusing it just enough to get the information you need.

Step 3: Carefully identify the signer

Properly verifying your signer’s identity is the essential duty of every Notary when executing an acknowledgment or jurat. California allows you to use one of two methods to identify signer:

• California has a specific list of IDs you can use. IDs not on the list are not acceptable.
• Credible identifying witnesses who know the signer well enough to verify their identity. However, credible identifying witnesses must present an ID from the list mentioned above.

Unlike most other states, California does not permit Notaries to rely on their personal knowledge of signers to verify their identities.

At this point, you should check that your signer is acting independently and is aware of what’s going on. This can easily be accomplished by a simple conversation with a few basic questions. While not stipulated in state law, it is a recommended standard of practice.

To determine willingness, ask your signer if he is signing of his own free will. If you have any reason to suspect that he is not, refuse to perform the notarization. To determine their awareness, the recommended practice is to make a layperson’s, commonsense judgment about the signer’s ability to understand what is happening. 

Step 4: Complete your journal entry

California requires you to maintain a record of all notarizations and has specific requirements for what an entry should contain:

1. The date and time of the notarization
2. The type of notarization
3. The type of document being notarized
4. The signature of each signer
5. What type of satisfactory evidence was used to identify the signer
6. The fee charged for the notarial act
7. The signer’s thumbprint if the document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property

These details are helpful in case a document or notarization is called into question.

You should complete the journal entry before the notarization so you can get all the required elements and information, including your signer’s signature and thumbprint.

Step 5: Fill in the notarial certificate

When completing the certificate, make sure that all information in it is correct. For example, the venue — marked by the words “State of … County of …” — notes where you performed the notarization, not where the document was prepared or will be filed.

Finally, make sure you sign and affix your seal on the certificate properly. The certificate must be signed exactly as your name appears on your commission. Your seal should be close to your signature but should not overlap any wording. This way everything will be legible.

By always following these essential steps, you will able to perform your duties properly and without error.

Related Articles:

The difference between acknowledgments and jurats

A Notary certificate in 4 simple parts

Additional Resources:

Notary Essentials