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LindaH
Florida
1754 Posts |
 Posted - 01/11/2008 : 11:43:04 AM
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The letter doesn't surprise me Joan - I am a member, and this is the same organization where, while updating my profile, I was informed that, as a FL notary I can close loans in GA - not only am I not dual-commissioned, but GA is an attorney-only state (and no, it didn't say I could close loans on GA properties - said I could do closings in GA). I e-mailed them and told them this was incorrect and fix it - they replied and said they would send it to IT for their attention. Haven't been back to see if that option has been removed.
Gotta watch'em, boy!!!
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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joanbergst
California
360 Posts |
Posted - 01/10/2008 : 4:37:42 PM
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This women who is a CA Notary brought out a letter from the National Notary Association suggesting she take a class to learn the CA 2008 law changes?
She asked me if she needed to take a class and I said "no you don't, just go click on http://www.notaryclasses.com/ and read the changes.
This isn't ROCKET SCIENCE. Here are the new laws:
NotaryClasses.com
NEW LAWS AFFECTING NOTARIES PUBLIC
BEGINNING JANUARY 1, 2008
Notaries Public in California must be aware of the new changes effective beginning January 1,
2008. This document explains the changes that will substantially impact the notary public
procedure as well as the office. We have taken the summary of changes published and distributed
by the Secretary of State and re-organized the format and provided easy-to-understand
commentaries which should adequately prepare any notary in California to fully comply with
2008 notary law.
As you will soon discover, all notaries public will need to obtain new Acknowledgment forms
and Jurat forms beginning January 1, 2008. NotaryClasses.com has these forms available for free
for the Notary community in a PDF format. Log on to www.NotaryClasses.com and select 2008
Notary Acknowledgments and 2008 Jurats. In order to make this transition as easy as possible
for all California notaries, we are making these forms free for both downloading and distribution.
We hope that you find this summary to be very useful. We are still awaiting final decisions
regarding a few of the practical applications of these new laws so please re-download this
summary document in January, 2008 to ensure you have the latest updated version.
Changes regarding Acknowledgments and Jurats
1. Civil Code section 1185 - Acknowledgment; requisites. The identity of the person making
an acknowledgment may no longer be established by personal knowledge alone. Under the
new law, the identity of the person making the acknowledgment must be established by
specified documents or a credible witness who is personally known to the notary public and
proves their identity by specified documents. Violation of the section subjects a notary
public to a civil penalty of up to $10,000 in an administrative action brought by the Secretary
of State or a public prosecutor.
2. Government Code section 8202 - Execution of jurat. The identity of the affiant may no
longer be established by personal knowledge alone. "Personal knowledge" as a basis for
identifying the affiant when executing a jurat has been deleted. "Satisfactory evidence" must
be used to identify an affiant in accordance with Civil Code section 1185 (see above).
Commentary:
Prior to 2008, the notary was permitted to use personal knowledge alone in identifying the
document signer when completing acknowledgments and jurats. After January 1, 2008, the
notary must require acceptable identification from the principal even if he or she is personally
known by the notary. The person making an acknowledgment or executing a jurat must present
an acceptable form of identification such as a driver's license, passport, etc.. Laws regarding
what may be used as acceptable identification did not change. The listing of acceptable
identification documents are still as follows:
1. An identification card or driver's license issued by the California Department of
Motor Vehicles which is current or has been issued within the past 5 years.
2
2. A passport issued by the Department of State of the United States which is current
or has been issued within the past 5 years.
3. The use of any one of the following, as long as the document is current or has
been issued within five years and it contains a photograph and description of the
person named on it, signed by the person, and MUST bear a serial or other
identifying number. If the document is a foreign passport, it must be stamped by
the United States Citizenship and |
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I was at my financial planner today (CA) and .....
