Part 1, Section 3
The Commission

If you passed the examination and background check, you will be provided with a commission.  Your commission shows that you have proven your credibility and honesty to the Secretary of State and you are now authorized to fulfill the responsibilities of the office of Notary Public.  Your commission is good for four years, and expires at midnight on the expiration date. 
 Government Code § 8204

Once the commission has been issued, you have 30 calendar days to go to the County Clerk’s office in the county where you 

have your principal place of business as listed on your application, and take, subscribe and file an oath of office, and file a 

surety bond.  There are no exceptions to this rule.  

The clerk will ask you to raise your right hand and take the following oath of office pursuant to Section 3 of Article XX of the 

Constitution of California:  

 "I, ______, do solemnly swear (or affirm) that I will support 

and defend the Constitution of the United States and the 

Constitution of the State of California against all enemies, 

foreign and domestic; that I will bear true faith and allegiance 

to the Constitution of the United States and the Constitution 

of the State of California; that I take this obligation freely, 

without any mental reservation or purpose of evasion; and 

that I will well and faithfully discharge the duties upon which 

I am about to enter."

The oath may instead be taken before another notary public and the oath and bond mailed to the county clerk by certified 

mail, just so long as the oath and bond are received AND filed by the county clerk's office within the 30-day period. 

Government Code § 8213(a)  However, as a warning, if the mail is delayed or the county clerk’s office has a backlog of work, 

your oath and bond may not be filed in time if done in this fashion.  

The county clerk will charge you a fee for the recording of your bond.  This fee is charged whether you walk in or mail in 

your bond.  If you are mailing it in, be sure to find out what the charges are ahead of time and include a check.

Your commission does not take effect until the oath and bond are filed with the County Clerk’s office, and you may not act 

as a Notary Public until this is done.  If you do not file the oath and surety bond within the 30 day period, your commission is 

rendered invalid, and you must submit a new application to the Secretary of State’s office, along with a $20 fee, your Proof 

of Completion certificate from this course, a 2" x 2" color passport photo, and you must have your fingerprints retaken 

at a live scan site.

Your Notary commission is your property, no matter who paid the fees, with the exception of government or school employees, or on behalf of a military base.  If the fees were paid by your employer and your employment is terminated, you may choose to either keep or resign your commission.  However, if you decide to keep your commission, you must notify the Secretary of State of your new business address.  If you decide to resign your commission, you must notify the Secretary of State in writing and deliver your notarial journal(s), within 30 days of your resignation, to the county clerk’s office where your oath and bond are on file.  Government Code § 8209. You must also destroy or deface your notary seal.

In either case, whether you decide to resign or retain your commission, your seal and journal must not be left with your employer or anyone else, no matter who paid for them.

If you are employed by a government agency or public school, or on behalf of a military base, and your commission was obtained through your employment, you must resign your commission when your employment is terminated.

Your commission is granted to you because you displayed qualities in your character that are becoming of a notary public.  However, the Secretary of State may suspend or revoke your commission and impose civil penalties for good reason, for example:

• If it is discovered that you made false or misleading statements on your application
• If you are convicted of a crime related to notarial misconduct, including the false completion of a notarial certificate (Government Code § 6203), or of any felony
• If you lose your professional license for reasons involving dishonesty or fraud
• If you do not fulfill your duties as a notary public
• If you use false or misleading advertising as a notary public
• If you charge more than the allowed fees
• If you fail to complete an acknowledgement at the time you sign and seal it
• If you fail to administer an oath or affirmation when required
• If you complete a notarial certificate which contains information you know to be false (you could also face criminal prosecution for forgery)
• If you do not keep and maintain a notarial journal
• If you fail to pay any court-ordered money judgment against you
• If you fail to comply with child or family support obligations Family Code § 17520

Your commission can also be cancelled by the Secretary of State if your check or other form of remittance which was used to pay for your exam, commission, or fingerprint fee was returned or otherwise not honored by the financial institution it was presented to.  Before canceling your commission, the Secretary of State’s office will send you (or the person named on the check or other instrument) a written notice that you have one chance to make good on the payment by sending in a money order or cashier’s check. Government Code § 8204.1

The Secretary of State's office may require information regarding your notarial acts.  If this situation arises, the Secretary of State's office will send you a letter by certified mail stating the specifics of their request.  You must respond to their request within 30 days.
Government Code § 8205(b)(2)

If you are convicted of a crime involving notarial misconduct or of any felony, the court must revoke your commission and require you to surrender to the court your notary seal.  The court will then forward the seal to the Secretary of State.
Government Code § 8214.8

A notary public may be found guilty of forgery, a possible felony, if he or she issues an acknowledgment knowing it to be false.  A person who falsifies the acknowledgment of a Notary Public may also be guilty of forgery.  Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county jail for not more than one year.
Penal Code § 470

False certification by a notary public may also be a misdemeanor pursuant to Government Code § 6203.

Should someone who is not a commissioned notary public perform notarial acts or hold themselves out as a notary public, that person is guilty of a misdemeanor.
Government Code § 8227.1

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