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:
 |
If the document signer is unable to produce proper
identification. |
|
If the document signer is unable to produce credible identifying
witnesses. |
|
If the document is incomplete or contains blank spaces. |
|
If the document does not contain notarial wording and the signer is unable
to instruct the Notary as to the appropriate wording. |
|
If the Notary is uncertain of the signer's willingness, mental awareness or
has cause to suspect fraud. |
|
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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