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PART 6 - Section 4

Notary Misconduct and Disciplinary Actions

 Notary misconduct comes in various forms, such as:

• Performing prohibited acts
• Failing to perform required acts
• Negligent performance of acts 

Holding a notary commission is a privilege, not a right, and it can be suspended or revoked at any time by the Secretary of State for good cause.  Misuse of your commission could also cause you to be held liable in both criminal and civil court.  

CIVIL PENALTIES OF UP TO $10,000:

• Failure to require personal appearance by signer.  In addition to civil penalties, notary commission may be suspended or revoked.
   

• Failing to properly identify a signer.  Civil Code § 1185
   

• Willfully stating as true any material fact known to be false. 
  Civil Code § 1189
   

• Signing a false notarial certificate.  In addition to civil penalties, revocation of commission, criminal charge of a misdemeanor and possible criminal charge for forgery.   There is a 4-year statute of limitations on this crime. 
  Government Code § 6203 and Penal Code § 470(d) 

CIVIL PENALTIES OF UP TO $2,500:

• Failure to provide a peace officer with your journal when requested.  In addition to civil penalties, notary commission may be suspended or revoked pursuant to Government Code § 8214.21 and/or you could be charged with a misdemeanor pursuant to Government Code § 8228.1.
   

• Failure to obtain a signer’s thumbprint when required by
  Government Code § 8206. 

CIVIL PENALTIES OF UP TO $1,500

• Execution of any Certificate as a Notary Public Containing a Statement Known to the Notary Public to be false.  Commission will be revoked in addition to civil penalties.  Government Code 8214.1(1) 
   

• Failure to keep and maintain one sequential journal of notarial acts and failure to notify the Secretary of State if the journal is lost, stolen, rendered unusable, or surrendered to a peace officer.  You could also be found guilty of a misdemeanor.
    

• Improper or misleading notary advertising.  Suspension or revocation of commission, along with civil penalty.
   

• Improper or misleading advertising by an immigration specialist notary.  Suspension for a minimum of six months or revocation of commission, along with civil penalty.
   

• Assisting clients in filling out immigration forms by a notary who is NOT a qualified and bonded immigration consultant.  Suspension or revocation of commission, along with civil penalty.  Government Code § 8214.15(a)
   

• Improper or misleading advertising in a language other than English.
  Suspension for a minimum of one year or revocation of commission, along with civil penalty.
             

• Any act involving fraud or deceit with the intent to benefit the notary or injure another.  Revocation of commission (possibly permanent) along with civil penalty.  You could also face criminal prosecution.
   

• Failure to furnish the Secretary of State with certified copies of your notary journal when requested.  Suspension or revocation of commission, along with civil penalty. 

CIVIL PENALTIES OF UP TO $750

and possible suspension or revocation of commission:

• Negligent failure to fully and faithfully discharge any of the duties or responsibilities of a notary public. 
  Government Code §§ 8214.15(b) and 8214.1(d).
   

• Failure to complete a notarial certificate when the certificate is signed and sealed by the notary. Government Code §§ 8214.15(b) and 8214.1(i).
   

• Failure to administer an oath or affirmation when required. 
  Government Code §§ 8214.15(b) and 8214.1(k).
   

• Charging more than the allowed fee for a notarial act. 
  Government Code §§ 8214.15(b) and 8214.1(h).

SUSPENSION OR REVOCATION OF COMMISSION

• Substantial and material misstatement or omission in the application submitted to the Secretary of State to become a notary public.

• Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.

• Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct based on dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public.

• Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public. 

• Failure to secure the sequential journal of official acts, pursuant to Government Code § 8206, or the official seal, pursuant to Government Code § 8207, or willful failure to report the theft or loss of the sequential journal, pursuant to Government Code §8206(b).

• When adjudicated liable for damages in any suit grounded in fraud, misrepresentation, or for a violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public.

• Failure to properly secure your notary seal or if you give it to any person not authorized to possess it.  You could also be charged with a misdemeanor.  (There is a 4-year statute of limitations on this crime.)
   

• Giving unauthorized legal advice (if you are not an attorney), for example, advising a customer as to what type of notary act needs to be performed for their legal instruments, or the selection, drafting and/or preparation of documents to be notarized.
   

• Failure to submit to the Secretary of State any court-ordered money judgment, including restitution (also failure to pay civil penalties levied against the notary for violation of notary public law) or failure to submit any remittance payable upon demand by the Secretary of State.
   

• If you are convicted of a crime related to notarial misconduct.  Along with revocation of commission, you must surrender your notary seal to the court that convicted you.  The court then forwards your seal to the Secretary of State along with a certified copy of the judgment of conviction.  Government Code § 8414.8
   

• Failure to keep and maintain one sequential journal of notarial acts and failure to notify the Secretary of State if the journal is lost, stolen, rendered unusable, or surrendered to a peace officer.  Government Code § 8214.1(o).
   

• Failure to furnish the Secretary of State with certified copies of your notary journal when requested.  Suspension or revocation of commission, along with civil penalty.
   

• Commission of any act in violation of Government Code §§ 6203, 8214.2, 8225, or 8227.3, or Penal Code §§ 115, 470, 487, or 530.5. 
  Government Code § 8214.15(g).

Failure to permit a lawful inspection or copying of the journal.
Penalty:  You could be found guilty of a misdemeanor and face criminal prosecution.

Anyone who represents or advertises themselves or performs acts as a notary public when in fact they are not, is guilty of a misdemeanor.  Government Code § 8227.1

Also, anyone who intends to commit fraud by counterfeiting or forging the seal or handwriting of a notary may be found guilty of forgery.  Penal Code § 470(d)

Some circumstances also involve criminal prosecution which could result in your doing time in prison.  For example, if you notarize a deed of trust affecting real property on which there is a home, and you know the deed of trust is fraudulent, you are guilty of a felony.  If you knowingly notarize a deed of trust that has been forged, you are guilty of a felony and may be subject to other relief or remedies provided to the parties by law.  Government Code § 8214.2 and Penal Code §115.5

Before your commission is suspended, revoked or denied, however, you have a right to a hearing on the matter, with the exception of cases indicated in Government Code § 8214.3

Suspension of your commission means that you are not permitted to perform any notarial acts during the specified period of time.  After the suspension period ends, the Secretary of State’s office will send you a written request for certified copies of your journal entries from before, during and after your suspension.  You will have 30 days from receipt of the written request to provide those certified copies.

Should you have your commission revoked or if you allow it to expire (and you do not seek re-appointment within 30 days) you must, within 30 days of the revocation or expiration of your commission, deliver all of your notarial journals and papers to the County Clerk’s office where your oath and bond are on file.  If you fail to do this, you are guilty of a misdemeanor and could also face monetary damages.

Receiving TWO disciplinary actions against you will result in having your commission permanently revoked.

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All rights reserved. Revised: 12/26/09.