|
|
|
|
| ■■■¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ |
|
|
|
|
| ■■■¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ |
|
|
PART 1 Section 3
The Commission
If you passed the examination and background check, you will be provided with a commission. 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 an oath of office pursuant to Section 3 of Article XX
of the Constitution of California.
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.
The Secretary of State may deny your application or suspend or revoke your commission and impose civil penalties for good reason, for example:
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 |
|
|
Copyright © Online Notary Course for
California. |
||
