What If A Signer Is Disabled And
Unable To Sign His Or Her
Name? Marking
an "X"
A disabled
person may sign a document by marking an "X" in the
presence of two witness who personally
know the signer and have no interest in the document or are
named in the document. The witnesses must present acceptable
identification according to Civil Code §14.
Can
An Incomplete Document Be
Notarized?
California Notaries Are
Prohibited From Notarizing Incomplete
Documents. Any blanks
should be filled in by the signer.
Does
Notarization Mean That A Document Is Legal or
True?
Notaries Have Limited Responsibility.
As public officials, a Notary
Public provides a necessary service to help prevent
fraud and protect the parties involved by
following strict procedures in the identification process.
Additionally, a Notary Public acts as an official,
impartial or
unbiased witness for certain documents.
Notaries are NOT responsible for the truth,
accuracy or legality of documents
they notarize.
Can A Notary Public Prepare Or Review
A Legal Document For Me? A Notary Is
A Sworn Public Servant
As public officials, a
Notary follows strict guidelines in identifying a person.
They serve as an impartial witness in taking
acknowledgments, administrating oaths,
affirmations and performing other acts authorized by
California Law. Unless a Notary Public is a licensed attorney,
they may NOT give legal advice, draft legal documents nor
accept fees for legal advice. A Notary Public may
NOT even advise a client as to what type of
notarization a document requires. The notarial wording must
be provided by the creator of the document. (Business and
Professions Code §6125).
Can
A Notary Public Decline
Service? A Notary Public must
perform all legal and personable requests for notarization.
However, the following are some circumstances that a
Notary MAY DECLINE service:
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If the document signer is
unable to produce proper
identification. |
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If the document signer is
unable to produce credible identifying
witnesses. |
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If the document is incomplete
or contains blank spaces. |
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If the document does not
contain notarial wording and the signer is unable
to instruct the Notary as to the appropriate
wording. |
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If the Notary is uncertain of
the signer's willingness, mental awareness or has
cause to suspect fraud. |
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A California Notary Public may
not conduct notary services outside the state that
he or she is commissioned in. For example, a
California Notary may not travel to Nevada or any
other state to conduct notary
services unless they are commissioned in
that state as well. |
 |
A California Notary Public may
not conduct notary services in Mexico or any other
foreign country, unless they hold appropriate
commission or license in that particular
country. |
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