The proposed changes would alter the requirements that currently mandate a specific notice be included in various notary documents, affirming that a notary merely verifies the identity of the signer, rather than the truthfulness or validity of the document. By granting an exemption for powers of attorney under the specified protocol, SB311 aims to streamline the notarial process for international use, potentially promoting smoother legal transactions across borders.
Summary
Senate Bill No. 311, introduced by Senator Monning, seeks to amend existing laws regarding notaries public in California. Specifically, it modifies Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code. The primary intent of the bill is to exempt certain certificates of acknowledgment and proofs of execution from existing notice requirements when attached to powers of attorney recognized under the Organization of American States Protocol on Uniformity of Powers of Attorney.
Contention
There may be concerns regarding the implications of this bill for the integrity of notarial services. Critics might argue that exempting certain documents from identification validity notices could lead to increased risks of fraud or misuse, especially in international contexts. Additionally, the bill's supporters will need to address fears about the potential loss of safeguards that protect against wrongful acknowledgment of documents.