Notary Public Frequently Asked Questions

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Mobile Notary and VIN Verification

FAQ's

2. What qualifications does a Notary Public have to have?

3. What is a "Certified" Loan signing Agent?

4. What does "GLBA Compliance trained and background screened" mean?

5. What identification is acceptable for Notarizations?

6. What identification is unacceptable for notarizations?

7. What if my identification is invalid and I don't have other acceptable identification?

8. What are Credible Identifying Witnesses?

9. May a Notary Public Prepare or Review a Legal Document for me?

10. What if my identification reflects my maiden name but the document contains my married name?

1. A notary public is a public official commissioned by the Secretary of State to administer oaths and affirmations, witness signatures, and perform other duties permitted by state law. Notaries are most commonly called upon to act as the official unbiased witness to the identity and signature of the person who comes before the Notary for a specific purpose.

2. To be appointed as a notary public a person needs the following:

to be 18 years of age or older
to be a legal California resident
to complete a mandatory course of study approved by the Secretary of State (every four years)
to satisfactorily complete and pass a written examination prescribed by the Secretary of State
to clear a background check, submit two sets of fingerprints and provide a 2x2 photograph of herself or himself.

3. A Certified Loan Signing Agent is a commissioned Notary Public who has completed training in real estate and loan documents and passed an additional examination administered by an industry-recognized company. A Loan signing Agent is hired as an independent contractor by a lender, title company, or closing agent to ensure real estate loan documents are properly executed, notarized, and returned for processing. People buying or refinancing homes can enjoy the benefits of Loan Signing Agents coming to them, at their convenience, to facilitate the loan signing process.

4. Gramm-Leach-Bliley Act (GLBA) regulations require organizations to protect themselves against unauthorized access, anticipate hazards and risks threatening the security and integrity of consumer financial information. to comply with this law and the Interagency Guidelines that have been set, some financial and lending institutions have begun to require regulatory compliance training and background screenign for all persons involved in the lending process and who render real estate settlement services. Since Loan Signing Agents have access to consumers' private and financial information, many lenders now require notaries to receive regulatory compliance training (typically a Certified Loan Signing Agent) has satisfied the educational requirements) and to submit to a background check (in addition to the background check completd by the state when the Notary acquires a new or renewed commission.

5.California stipulates exactly what types of identification a Notary Public may use to identify a signer. Effective January 1, 2008, a Notary may rely on any of the following types of identification.

U. S. Passport
Foreign passport stamped by the U.S. Citizenship and Immigration Services (USCIS).
A California driver's license or one issued by another state.
A Canadian or Mexican driver's license.
An identification Card issued by any branch of the armed forces of the United States (the "Common Access Card" (CAC) is not acceptable.
An inmate identification card (if the inmate is in custody).

Effective January 1, 2008, Personal Knowledge alone is no longer acceptable identification.

All identifying documents must include or comply with the following information:

Current or have been issued within five (5) years
Contain a photograph
Contain a physical description
Must be signed by the person named
Must have a serial or other identifying number
If it is a foreign passport, it must be stamped by the United States Immigration and Naturalization Service.

6. Some of the commonly presented but unacceptable forms of identification are as follows:

U.S. Military Common Access Card
Matricula Consular Card
Permanent Resident and Border Crossing Cards (Green Cards).
Social Security Cards
Credit Cards with or without photographs
Temporary Driver's license
Driver's license without photograph
Marriage license
Organization membership cards
Physician or medical identification cards

7. If you do not have valid identification as defined by Civil Code Section 1185, you may be identified by either one or two credible identifying witnesses who must produce acceptable identification.

8. When a signer is unable to present proper identification, the signer may be identified on the oath or affirmation of one or two credible identifying witnesses. If there is only one credible identifying witness, he or she must be personally known by the Notary, otherwise two credible identifying witnesses are required. Effective January 1, 2008, every credible witness known or unknown to the Notary must present valid identification to the Notary. Each witness must swear or affirm tha tthe following is true:

The document signer appearing before the Notary is the person that is named in the document.
The document signer is personally known to the witness.
The witness believes that it would be difficult or impossible for the document signer to obtain acceptable identification.
The document signer does not have any acceptable identification.
That the witness has no financial or beneficial interest in the document and is not named in the document.

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