Guide · California notary public

What a California Notary Cannot Do

The practice-of-law line, the advertising rules, and what willful failure costs — what California notary law forbids, and the penalty attached to each.

26 min read

Government Code section 8214.1 runs from subdivision (a) to subdivision (u). Each one is a ground on which the Secretary of State "may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public". Five of those subdivisions also carry a civil penalty of up to $1,500. Three more carry up to $750. One subdivision appears in both bands, and the only thing that moves it from the cheaper band to the dearer one is the word willful.

That is the shape of this part of California law, and it is worth seeing before any individual rule. The prohibitions are not a code of etiquette with a vague professional sanction at the end. They are a graded schedule: a consequence to the commission, a civil penalty stacked on top of it, and — for a short list of acts — a misdemeanor or a felony prosecuted by someone other than the Secretary of State entirely.

This guide is descriptive. It sets out what the California Notary Public Handbook, January 2026 edition and the code sections that handbook reproduces say a notary public may not do, and what each of them attaches by way of consequence. It does not tell you which side of any line a particular act of yours falls on. That question belongs to a lawyer, and the handbook says as much about the notary's own borderline calls.

This guide is free information, and it is not legal advice. It is general information about California notary law, drawn from the Secretary of State's handbook and the statutes reproduced in it. It is also not the course: reading it does not count toward California's education requirement — six hours for a first commission, three for a refresher — and cannot. That requirement is satisfied only by completing a course of study the Secretary of State has approved and receiving that vendor's Proof of Completion certificate. Nothing here is advice about your own situation, and a page cannot know your facts.

The practice-of-law line, and how the handbook actually draws it

The prohibition itself is one paragraph of General Information, and the eligibility guide states it as the one thing a California notary must not do. What is worth going further into is how it is drawn, because the handbook's paragraph and the statutory ground behind it are not the same instrument, and neither one is a definition.

The handbook's paragraph names acts:

"California notaries are prohibited from performing any duties that may be construed as the 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 in 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."

Read the list closely. It is introduced by "Among the acts" rather than by the acts, so it does not present itself as complete, and the handbook offers no other list anywhere. Three things it does name are worth separating, because they are often run together:

  • Preparation and drafting of a legal document.
  • Selection or determination of the kind of a legal document. This is the branch that reaches a notary in the ordinary course of the job rather than in some obvious act of lawyering, and it is why the choice between an acknowledgment and a jurat is not the notary's to make. That choice and its consequences are set out in Acknowledgment vs. Jurat.
  • Giving advice in relation to any legal documents or matters. Those last two words are broader than the document in front of you.

The statutory ground is narrower on its face and points somewhere the handbook does not go. Section 8214.1(g) reads, in its entirety: "The practice of law in violation of Section 6125 of the Business and Professions Code." That section is not reproduced anywhere in the handbook. The handbook cites the standard without printing it, so a notary working from the handbook alone has the Secretary of State's examples and no statutory definition against which to test a hard case. Where the handbook is silent, this guide leaves the silence alone.

The handbook does say, in a different context, what it expects of a notary at the edge. Its conflict-of-interest paragraph closes: "If in doubt as to whether or not to notarize, the notary public should seek the advice of an attorney." That instruction runs the same direction as the practice-of-law paragraph — refer out; do not resolve it yourself.

The prohibition is written around attorneys, repeatedly

Once you notice it, the pattern runs through the chapter. Several duties in California notary law are imposed on non-attorney notaries and lifted for attorneys:

  • The non-English advertising notice at Government Code section 8219.5(a) applies to "Every notary public who is not an attorney who advertises the services of a notary public in a language other than English".
  • The text that notice must carry is a disclaimer of this very line — "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters."
  • The $15 immigration-forms cap at section 8223(b) "shall not apply to an attorney, who is also a notary public, who is rendering professional services regarding immigration matters." That row of the fee schedule is set out in full in what California notaries can charge.

None of that turns the practice-of-law prohibition into an advertising rule. It does mean the statutes treat the notary commission and a law licence as separate credentials whose overlap is handled expressly, one section at a time, rather than by a general principle stated once.

Advertising: four separate rules, none of which absorbs the others

There is no single advertising section in California notary law. There are four rules with four different triggers and four different consequences, and a notary can breach one while complying with the other three.

1. False or misleading advertising about what the commission entitles you to do. Section 8214.1(f) makes a ground of "The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that the notary public does not possess by law." Section 8214.15(a) puts subdivision (f) in the higher civil-penalty band: up to $1,500, on top of whatever happens to the commission.

2. Advertising notary services in a language other than English. Section 8219.5 requires a non-attorney notary who does this — "by signs or other means of written communication, with the exception of a single desk plaque" — to post a prescribed bilingual notice containing the not-an-attorney statement and "The fees set by statute which a notary public may charge." The same section separately prohibits the literal Spanish translation of the phrase notary public, and the handbook says that prohibition holds "even if the prescribed notice also is posted." The fee-posting half of the rule and the exact wording of both prohibitions are covered in what California notaries can charge.

What belongs here is the consequence, because it is the most severe automatic sanction in the chapter. Section 8219.5(d): the Secretary of State "shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c). However, on the second offense the commission of such notary public shall be revoked permanently." Note the verb. Section 8214.1 says the Secretary of State may refuse, revoke or suspend; section 8219.5(d) says it shall, with a one-year floor on the suspension and permanent revocation on a second offense. A violation of section 8219.5 is also subdivision (p) of section 8214.1, which section 8214.15(a) places in the $1,500 civil-penalty band.

3. Holding yourself out as an immigration specialist. Section 8223(a): "A notary public who holds himself or herself out as being an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public." General Information puts the same rule as a bar: "A notary public legally is barred from advertising in any manner whatsoever as a notary public if the notary public promotes themself as an immigration specialist or consultant." A violation of section 8223 is subdivision (m), also in the $1,500 band.

This one is worth reading twice, because it runs in the direction people do not expect. It does not stop an immigration consultant from being a notary. It stops a notary who advertises immigration expertise from advertising the notary commission at all.

4. Using the seal or the title for anything that is not notarial service. Section 8207: "A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter." The next sentence extends the same restriction to the title itself, which may not be used "except for the purpose of rendering notarial service." General Information repeats it in capital letters: "A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE."

The penalty for this one sits outside section 8214.15 and outside the Secretary of State's hands. Section 8207.4(a): "Any person who willfully violates any part of Section 8207, 8207.1, 8207.2, 8207.3, 8231.7, or 8231.8 shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation, which may be recovered in a civil action brought by the Attorney General or the district attorney or city attorney, or by a city prosecutor in any city and county." Two features of that sentence matter: the penalty is per violation, and the plaintiff is a prosecutor rather than the Secretary of State.

And a fifth rule, for the person you become if you lose the commission. Section 8227.1 makes it "a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California" to "Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public", to "Assume, use or advertise the title of notary public in such a manner as to convey the impression that the person is a notary public", or to "Purport to act as a notary public." Section 8227.3 makes the same conduct a felony when it is done in relation to a document affecting title to, encumbering, or securing an interest by mortgage or deed of trust in "real property consisting of a single-family residence containing not more than four dwelling units". A revoked or expired commission does not merely end your authority. It moves you into the class of persons those two sections govern.

Willful, and what the word is worth

Willful is the most expensive adjective in the chapter, and the handbook never defines it. It appears in enough places to be worth collecting.

The clearest demonstration is section 8214.15, where a single subdivision of section 8214.1 appears in both penalty bands. Subdivision (d) is "Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public." Under section 8214.15(a), "a willful violation of subdivision (d) of Section 8214.1, is punishable by a civil penalty not to exceed one thousand five hundred dollars ($1,500)." Under section 8214.15(b), "a negligent violation of subdivision (d) of Section 8214.1 is punishable by a civil penalty not to exceed seven hundred fifty dollars ($750)." Same failure, two prices, and nothing in the handbook says where the boundary between them runs.

Elsewhere the word is what converts an administrative problem into a criminal one:

  • Section 8228.1(a)"Any notary public who willfully fails to perform any duty required of a notary public under Section 8206, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor." General Information states the journal half separately: a notary "is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public's journal."
  • Section 8209(a) — a notary who "willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days" is "guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction." The duty that sentence enforces is conditional, and the condition is easy to lose in a summary: it attaches "If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days". The handbook's own General Information paraphrase drops that clause and attaches the duty to the commission simply ceasing to be valid. Where the two differ, the statute is the text to rely on — the tension is worked through in what happens to the journal when a commission ends.
  • Section 8213.5 and section 8213.6"Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500)." The name-change section carries the identical sentence for a name change. Both are classified as infractions rather than misdemeanors, and both are capped at $500.
  • Civil Code section 1189(a)(4)"A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000)." That is the largest single figure the handbook attaches to a notary's own act. General Information adds that the conduct is not only civil and administrative: completing a certificate of acknowledgment containing statements the notary knows to be false "not only may cause the notary public to be liable for civil penalties and administrative action but is also a criminal offense."
  • Section 8214.1(o) and (r) — failure to secure the journal or the seal, "or willful failure to report the theft or loss of the sequential journal," and "Willful failure to provide access to the sequential journal of official acts upon request by a peace officer." The second has its own penalty section: under section 8214.21 a notary who does it "shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500)", recoverable by the Secretary of State in an administrative proceeding or by any public prosecutor in superior court. Who may lawfully demand the journal, and on what terms, is set out in who can see your journal.

Then there is the counter-example, which is the reason to read for the word rather than assume it. Section 8214.23(a) carries no willfulness element at all: "A notary public who fails to obtain a thumbprint, as required by Section 8206, from a party signing a document shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500)." Not willfully fails — fails. Section 8206 does not require a thumbprint on every document, and the categories that do require one, along with the exception the statute writes into the same paragraph, are set out in the thumbprint section of the journal guide.

The two civil-penalty bands

Section 8214.15 opens both bands with the same clause: "In addition to any commissioning or disciplinary sanction". The money is not an alternative to losing the commission. It stacks.

BandSection 8214.1 subdivisionsCeiling
Section 8214.15(a)(f), (i), (l), (m), (p), and a willful violation of (d)$1,500
Section 8214.15(b)(h), (j), (k), and a negligent violation of (d)$750

Who imposes it depends on whether a hearing is asked for. Section 8214.15(c): "The civil penalty may be imposed by the Secretary of State if a hearing is not requested pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the determination." Collected penalties go to the General Fund, with a stated legislative intent that the money be made available to the Secretary of State to defray the cost of investigating and pursuing violations.

Subdivision (h) in the $750 band is the fee ground — charging more than the chapter prescribes. The schedule those charges are measured against, and the places where the handbook's summary table and the statute do not line up, are in What California Notaries Can Charge. Subdivision (k) in the same band is "Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205." The duty behind it is set out in Administering Oaths and Depositions.

Further monetary penalties sit outside section 8214.15 and are in neither band above — among them section 8214.21 ($2,500, journal access), section 8214.23 ($2,500, thumbprint), section 8207.4 ($1,500 per violation, seal and title misuse), Civil Code section 1189(a)(4) ($10,000, willfully certifying a known falsehood), and Civil Code section 1185(b)(1)(B), which reaches a different failure again: "A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000)." That action "may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment." The two ten-thousand-dollar penalties are not the same penalty and do not reach the same conduct; the identification one, and the condition it puts on the credible-witness routes, are set out in How to Identify a Signer in California. Section 8214.15 is a schedule for the grounds it names, not a ceiling on notary penalties generally.

Section 8214.1 is complete in itself, and is not the whole of the grounds

This distinction is easy to get wrong in both directions.

Section 8214.1 introduces its list with "upon any of the following grounds" and then runs (a) through (u) with no residual catch-all. That list is the whole of that section.

The handbook's General Information summary of the same subject is explicitly not complete. It says the Secretary of State may refuse, revoke or suspend "for specific reasons", and that "These reasons include but are not limited to" — followed by a compressed prose list that does not track the statute's lettering. The handbook says so again in its section on convictions: "For a complete list of reasons, the Secretary of State may deny an application, please refer to Government Code section 8214.1."

And section 8214.1 is not the only source of grounds. The handbook names another directly: "In addition, the Secretary of State may deny the notary public application or suspend the notary public commission of a person who has not complied with child or family support obligations." (Family Code section 17520.) Business and Professions Code section 22449(c)(2), also reproduced in the handbook, adds one more for price gouging on Deferred Action for Childhood Arrivals filings: a violation of that section "by a notary public shall be cause for the revocation or suspension of his or her commission as a notary public by the Secretary of State". So the lettered list is closed, the section is not the boundary, and this guide does not claim to have found every source outside it.

One further caution about the tail of the list. Subdivisions (s), (t) and (u) turn on sections 8231.5, 8231.6 and 8231.14 — remote online notarization provisions. The handbook's opening letter states that "The rest of the Online Notarization Act relates to the requirements for appointment, grounds for disciplinary action, and duties of the notary regarding remote online notarization." Those components, it continues, "become operative when the California Secretary of State completes the Notary Automation Project 2.0 necessary to implement the new provisions or by January 1, 2030, whichever is earlier." The handbook prints (s), (t) and (u) in the text of section 8214.1 without marking which subdivisions that staging covers, and it reproduces none of sections 8231.5, 8231.6 or 8231.14. What a California notary may and may not do online today is answered separately in the eligibility guide.

Where the conduct stops being administrative

A short list of acts is criminal, and for those the Secretary of State is not the only party involved.

A felony, defined narrowly. Section 8214.2(a): "A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony." Every element in that sentence is doing work: knowledge, intent to defraud, the type of instrument, and the type of property. The rules that attach to real-property instruments and to powers of attorney generally are collected in Notarizing Real Estate and Powers of Attorney.

Misdemeanors. Section 8228.1 (willful failure of a section 8206 duty, or loss of exclusive control of the seal) and section 8209 (willful failure to deliver records) are above. Two more sit alongside them:

  • Government Code section 6203(a), which applies to public officers generally: "Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he or she makes and delivers as true any certificate or writing containing statements which he or she knows to be false."
  • Government Code section 8221(a): "If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment."

Forgery reaches the certificate itself. Penal Code section 470(d), as reproduced in the handbook, brings within forgery the act of a person who, with intent to defraud, "falsifies the acknowledgment of any notary public" — and equally "any notary public who issues an acknowledgment knowing it to be false". Section 473: "Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170."

Two of these sections point away from the notary. Section 8225(a) makes it a misdemeanor for "Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206". Penal Code section 115.5(b) makes it a felony for a person to make "a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act" on an instrument affecting title to or encumbering a single-family residence of not more than four units. The pressure a notary comes under to bend a rule is itself regulated conduct.

A conviction takes the commission automatically, and a court does it. Section 8214.8: "Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public." The court then forwards the seal, with a certified copy of the judgment, to the Secretary of State.

Several of these offenses have a long clock. Sections 8214.23, 8221, 8225 and 8228.1 each carry the same limitations sentence: "prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later." Discovery, not commission, starts the later of the two clocks.

Acts the statutes take out of a notary's hands entirely

Separate from misconduct, a set of provisions simply removes certain acts from what a commission authorises. Refusing in these cases is not discretion. It is the rule.

  • Your own instruments. Section 8224.1: "A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public."
  • A transaction you have an interest in. Section 8224: "A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction." The section then defines that interest for financial transactions and for real property, and provides that a notary acting "in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction" has none.
  • An incomplete document. "A notary public may not notarize a document that is incomplete." Where the notary knows it to be incomplete "or is without doubt on its face incomplete, the notary public must refuse to notarize the document." Section 8205(a)(2) states the duty side: "A notary public may not accept any acknowledgment or proof of any instrument that is incomplete."
  • Identifying a signer on familiarity. Answering a question about a neighbour of twenty years, the handbook is unambiguous: "An acknowledgment may not be taken or a jurat executed on the basis of personal knowledge alone." What counts as satisfactory evidence instead — the documents, the credible witnesses, and what a notary may not accept — is set out in How to Identify a Signer in California.
  • A notarization without physical appearance. Asked whether California notaries may perform remote online notarizations, the handbook answers: "No, current California Law does not provide the authority for California notaries to perform a remote online notarization using audio-video communication." It adds that "A video image or other form of non-physical representation is not considered as personal appearance in front of the notary public under current California law."
  • Certified copies of vital records. Those "may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders."
  • Fixing a notarial act after the fact. "There are no provisions in the law that allow for the correction of a completed notarial act." What the handbook directs instead — a fresh act, a fresh certificate, a fresh journal entry — is covered in the journal guide.

That is a list of provisions this guide found in the January 2026 handbook. It is not a claim that no other provision removes an act from a notary's authority.

Who investigates, and what a hearing gets you

Investigation reaches your records, and not only the journal. Section 8228: "The Secretary of State or a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing reasonable suspicion and acting in his or her official capacity and within his or her authority, may enforce the provisions of this chapter through the examination of a notary public's books, records, letters, contracts, and other pertinent documents relating to the official acts of the notary public."

The Secretary of State can go to court before any discipline. Section 8222(a) lets it apply for an injunction whenever it appears that a person "has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter". Subdivision (b) lets the court order a person subject to that injunction "to reimburse the Secretary of State for expenses incurred in the investigation related to the petition" — refundable if an appellate court dissolves the order.

There is a right to a hearing, with two exceptions. Section 8214.3: "Prior to a revocation or suspension pursuant to this chapter or after a denial of a commission, or prior to the imposition of a civil penalty, the person affected shall have a right to a hearing on the matter", conducted under the Administrative Procedure Act. The exceptions apply only to a denial, and both look backwards: no hearing where the Secretary of State has "within one year previous to the application", and after proceedings under that Act, denied or revoked the applicant's application or commission, or where it has entered an order under section 8214.4.

The standards the Secretary of State applies are published, and they are not in the handbook. Section 8220 authorises rules and regulations. General Information says the disciplinary guidelines "facilitate due process and maintain consistency in reviewing applications, investigating alleged violations, and implementing administrative actions." They "are available on the Secretary of State's website or can be mailed to you upon request." Anyone trying to work out what a given violation is likely to cost in practice needs that document, not this one.

Losing the commission does not close the file

Two provisions make this explicit, and together they are the reason resigning under investigation is not an exit.

Section 8214.4 provides that where the Secretary of State determines, "after proceedings conducted in accordance with" the Administrative Procedure Act, that a notary committed or omitted acts constituting grounds for suspension or revocation, "the resignation or expiration of the notary public's commission shall not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary proceedings." And an order entered under section 8214.4 is the second of the two circumstances in which section 8214.3 leaves a later applicant with no right to a hearing on a denial. The same interaction is worked through from the renewing notary's side in How to Renew Your California Notary Commission.

The civil exposure is separate from all of it and does not run through the Secretary of State at all. Section 8214: "For the official misconduct or neglect of a notary public, the notary public and the sureties on the notary public's official bond are liable in a civil action to the persons injured thereby for all the damages sustained." The handbook is blunt about what that bond is: "The notary public bond is not an insurance policy for the notary public." It continues: "The notary public remains personally liable to the full extent of any damages sustained and may be required to reimburse the bonding company for sums paid by the company because of misconduct or negligence of the notary public."

What the handbook does not say

The gaps matter more here than in most notary topics, because this is the area where a confident guess reads as legal advice. Each of the following was searched for in the January 2026 handbook and is absent from it.

  • A definition of the practice of law. Section 8214.1(g) points at Business and Professions Code section 6125. That section is not reproduced in the handbook, and no other definition appears in it.
  • A definition of willful. The word decides which of the two civil-penalty bands in section 8214.15 a failure to discharge duties falls into — $1,500 where the violation of subdivision (d) is willful, $750 where it is negligent. It also carries the $1,500-per-violation civil penalty in section 8207.4, two infractions (sections 8213.5 and 8213.6) and two misdemeanors (sections 8228.1 and 8209). The handbook never says what the word means, or where the line between a willful violation and a negligent one runs.
  • A definition of moral turpitude, or a list of disqualifying lesser offenses. The phrase appears once, in section 8214.1(b), undefined. For the list, the handbook sends you elsewhere: the disciplinary guidelines "also include a list of the most common disqualifying convictions."
  • How long a suspension lasts. Section 8219.5(d) sets a floor of one year for its own violations. No other provision in the handbook attaches a length, a range or a schedule to a suspension.
  • The text of the online-notarization grounds. Sections 8231.5, 8231.6 and 8231.14 are cited by section 8214.1(s), (t) and (u); sections 8231.7 and 8231.8 are cited by section 8207.4; and section 8231.18 is named in the opening letter. None of the six is reproduced. The handbook prints section 8231(a) and (b) and then three asterisks.
  • Most of the Penal Code sections named in subdivision (q). Section 8214.1(q) makes a ground of acts violating Penal Code sections 115, 470, 487, 487a(a) and 530.5. The handbook reproduces section 470 in part and does not reproduce 115, 487, 487a or 530.5 at all.
  • Anything about intent or good faith as a defence to misconduct. No provision in the handbook offers one. The nearest thing is not about misconduct at all: section 8206.5 lets a notary facing a disciplinary proceeding over a late response to a copy request defend the delay "on the basis of unavoidable, exigent business or personal circumstances."
  • What to do when a request sits on the practice-of-law line. The handbook's answer to both the practice-of-law paragraph and the conflict-of-interest paragraph is the same, and it is not a procedure: decline and refer the requester to an attorney, and seek an attorney's advice when in doubt.

Official sources

The disciplinary guidelines are the document to read next, and they are not part of the handbook.

  • California Notary Public Handbook, plus a checklist of the required steps to become a notary public — www.sos.ca.gov/notary
  • Notary Public Disciplinary Guidelines — the Secretary of State's published guidelines, which also include a list of the most common disqualifying convictions. Available on the Secretary of State's website or mailed on request. (Government Code section 8220.)
  • Approved education vendorsnotaryeducation.sos.ca.gov
  • Secretary of State, Notary Public Section — Business Programs Division, P.O. Box 942877, Sacramento, California 94277-0001; (916) 653-3595
  • The fee ceiling behind subdivision (h)What California Notaries Can Charge
  • The journal duties behind subdivisions (o) and (r)California Notary Journal Requirements

Sourced from

California Notary Public Handbook, January 2026 edition (California Secretary of State). Statutory citations are to the codes that handbook reproduces or cites — principally the California Government Code and Civil Code, and also the Penal, Probate and Elections Codes and Title 2 of the California Code of Regulations, which the handbook cites without reproducing its text. This page is general information, not legal advice.

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