| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 311Introduced by Senator MonningFebruary 15, 2019 An act to amend Sections 1189 and 1195 of the Civil Code, and to amend Section 8202 of the Government Code, relating to notaries public.LEGISLATIVE COUNSEL'S DIGESTSB 311, as introduced, Monning. Notaries public: notice.Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a legible notice to be included in those documents in an enclosed box, as specified, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the document.This bill would exempt from that notice requirement a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit, if those documents attach to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1189 of the Civil Code is amended to read:1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed.SEC. 2. Section 1195 of the Civil Code is amended to read:1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal)SEC. 3. Section 8202 of the Government Code is amended to read:8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 311Introduced by Senator MonningFebruary 15, 2019 An act to amend Sections 1189 and 1195 of the Civil Code, and to amend Section 8202 of the Government Code, relating to notaries public.LEGISLATIVE COUNSEL'S DIGESTSB 311, as introduced, Monning. Notaries public: notice.Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a legible notice to be included in those documents in an enclosed box, as specified, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the document.This bill would exempt from that notice requirement a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit, if those documents attach to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 311 |
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| 13 | 13 | | Introduced by Senator MonningFebruary 15, 2019 |
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| 15 | 15 | | Introduced by Senator Monning |
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| 16 | 16 | | February 15, 2019 |
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| 18 | 18 | | An act to amend Sections 1189 and 1195 of the Civil Code, and to amend Section 8202 of the Government Code, relating to notaries public. |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | SB 311, as introduced, Monning. Notaries public: notice. |
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| 25 | 25 | | |
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| 26 | 26 | | Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a legible notice to be included in those documents in an enclosed box, as specified, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the document.This bill would exempt from that notice requirement a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit, if those documents attach to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad. |
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| 28 | 28 | | Existing law provides for the appointment and commission of notaries public by the Secretary of State. Existing law authorizes a notary public to execute a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit. Existing law requires a legible notice to be included in those documents in an enclosed box, as specified, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat is attached, and not the truthfulness, accuracy, or validity of the document. |
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| 30 | 30 | | This bill would exempt from that notice requirement a certificate of acknowledgment or proof of execution of an instrument, or a jurat attached to a sworn affidavit, if those documents attach to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad. |
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| 32 | 32 | | ## Digest Key |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 1189 of the Civil Code is amended to read:1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed.SEC. 2. Section 1195 of the Civil Code is amended to read:1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal)SEC. 3. Section 8202 of the Government Code is amended to read:8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 1189 of the Civil Code is amended to read:1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. |
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| 44 | 44 | | SECTION 1. Section 1189 of the Civil Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. |
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| 50 | 50 | | 1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. |
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| 51 | 51 | | |
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| 52 | 52 | | 1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).(3) A certificate of acknowledgment taken within this state shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California _____ County of _____ _____ _____ _____ Onbefore me,(here insert name and title of the officer),personally appeared,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature(Seal)(4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | |
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| 56 | 56 | | 1189. (a) (1) Any Except for a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible. |
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| 57 | 57 | | |
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| 58 | 58 | | (2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1). |
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| 59 | 59 | | |
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| 60 | 60 | | (3) A certificate of acknowledgment taken within this state shall be in the following form: |
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| 61 | 61 | | |
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| 62 | 62 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
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| 63 | 63 | | |
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| 64 | 64 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
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| 65 | 65 | | |
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| 66 | 66 | | _____ |
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| 67 | 67 | | |
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| 68 | 68 | | State of California _____ |
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| 69 | 69 | | County of _____ |
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| 70 | 70 | | _____ _____ |
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| 71 | 71 | | _____ |
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| 72 | 72 | | Onbefore me,(here insert name and title of the officer),personally appeared, |
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| 73 | 73 | | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. |
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| 74 | 74 | | I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. |
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| 75 | 75 | | WITNESS my hand and official seal. |
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| 76 | 76 | | Signature(Seal) |
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| 77 | 77 | | |
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| 78 | 78 | | State of California |
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| 79 | 79 | | |
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| 80 | 80 | | _____ |
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| 81 | 81 | | |
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| 82 | 82 | | County of |
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| 83 | 83 | | |
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| 84 | 84 | | _____ |
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| 85 | 85 | | |
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| 86 | 86 | | _____ |
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| 87 | 87 | | |
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| 88 | 88 | | _____ |
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| 89 | 89 | | |
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| 90 | 90 | | _____ |
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| 91 | 91 | | |
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| 92 | 92 | | Onbefore me, |
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| 93 | 93 | | |
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| 94 | 94 | | (here insert name and title of the officer), |
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| 95 | 95 | | |
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| 96 | 96 | | personally appeared, |
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| 97 | 97 | | |
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| 98 | 98 | | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. |
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| 99 | 99 | | |
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| 100 | 100 | | I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. |
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| 101 | 101 | | |
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| 102 | 102 | | WITNESS my hand and official seal. |
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| 103 | 103 | | |
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| 104 | 104 | | Signature(Seal) |
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| 105 | 105 | | |
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| 106 | 106 | | (4) A notary public who willfully states as true any material fact that he or she the notary knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section. |
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| 107 | 107 | | |
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| 108 | 108 | | (b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. |
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| 109 | 109 | | |
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| 110 | 110 | | (c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. |
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| 111 | 111 | | |
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| 112 | 112 | | (d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. |
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| 113 | 113 | | |
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| 114 | 114 | | SEC. 2. Section 1195 of the Civil Code is amended to read:1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal) |
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| 115 | 115 | | |
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| 116 | 116 | | SEC. 2. Section 1195 of the Civil Code is amended to read: |
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| 117 | 117 | | |
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| 118 | 118 | | ### SEC. 2. |
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| 119 | 119 | | |
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| 120 | 120 | | 1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal) |
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| 121 | 121 | | |
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| 122 | 122 | | 1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal) |
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| 123 | 123 | | |
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| 124 | 124 | | 1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following:(1) By the party executing it, or either of them.(2) By a subscribing witness.(3) By other witnesses, in cases mentioned in Section 1198.(b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted.(2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted.(c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c).(e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of Californiass. _____ County of _____ On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]).WITNESS my hand and official seal.Signature (Seal) |
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| 125 | 125 | | |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | 1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following: |
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| 129 | 129 | | |
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| 130 | 130 | | (1) By the party executing it, or either of them. |
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| 131 | 131 | | |
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| 132 | 132 | | (2) By a subscribing witness. |
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| 133 | 133 | | |
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| 134 | 134 | | (3) By other witnesses, in cases mentioned in Section 1198. |
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| 135 | 135 | | |
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| 136 | 136 | | (b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustees deed or deed of reconveyance is permitted. |
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| 137 | 137 | | |
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| 138 | 138 | | (2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary publics journal is not permitted. |
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| 139 | 139 | | |
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| 140 | 140 | | (c) Any Except for a certificate for proof of execution attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible. |
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| 141 | 141 | | |
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| 142 | 142 | | (d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c). |
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| 143 | 143 | | |
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| 144 | 144 | | (e) A certificate for proof of execution taken within this state shall be in the following form: |
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| 145 | 145 | | |
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| 146 | 146 | | _____ |
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| 147 | 147 | | |
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| 148 | 148 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. |
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| 149 | 149 | | |
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| 150 | 150 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. |
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| 151 | 151 | | |
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| 152 | 152 | | State of California ss. _____ |
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| 153 | 153 | | County of _____ |
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| 154 | 154 | | |
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| 155 | 155 | | State of California |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 158 | 158 | | |
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| 159 | 159 | | ss. |
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| 160 | 160 | | |
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| 161 | 161 | | _____ |
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| 162 | 162 | | |
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| 163 | 163 | | County of |
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| 164 | 164 | | |
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| 165 | 165 | | |
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| 166 | 166 | | |
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| 167 | 167 | | _____ |
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| 168 | 168 | | |
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| 169 | 169 | | On ____(date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____(name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____(name[s] of principal[s]). |
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| 170 | 170 | | |
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| 171 | 171 | | WITNESS my hand and official seal. |
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| 172 | 172 | | Signature (Seal) |
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| 173 | 173 | | |
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| 174 | 174 | | WITNESS my hand and official seal. |
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| 175 | 175 | | |
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| 176 | 176 | | Signature (Seal) |
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| 177 | 177 | | |
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| 178 | 178 | | SEC. 3. Section 8202 of the Government Code is amended to read:8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 179 | 179 | | |
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| 180 | 180 | | SEC. 3. Section 8202 of the Government Code is amended to read: |
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| 181 | 181 | | |
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| 182 | 182 | | ### SEC. 3. |
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| 183 | 183 | | |
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| 184 | 184 | | 8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 185 | 185 | | |
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| 186 | 186 | | 8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 187 | 187 | | |
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| 188 | 188 | | 8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary.(b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible.(c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b).(d) A jurat executed pursuant to this section shall be in the following form:A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _______________Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.SealSignature |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | 8202. (a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant and shall determine, from satisfactory evidence as described in Section 1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. |
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| 193 | 193 | | |
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| 194 | 194 | | (b) To Except for an affidavit attaching to a power of attorney granted pursuant to the Organization of American States Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad (Feb. 17, 1940, 56 Stat. 1376, O.A.S. T.S. 27), to any affidavit subscribed and sworn to before a notary, there shall be attached a jurat that includes a notice at the top, in an enclosed box, stating: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. This notice shall be legible. |
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| 195 | 195 | | |
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| 196 | 196 | | (c) The physical format of the boxed notice at the top of the jurat required pursuant to subdivision (d) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (b). |
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| 197 | 197 | | |
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| 198 | 198 | | (d) A jurat executed pursuant to this section shall be in the following form: |
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| 199 | 199 | | |
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| 200 | 200 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
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| 201 | 201 | | |
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| 202 | 202 | | A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
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| 203 | 203 | | |
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| 204 | 204 | | State of California |
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| 205 | 205 | | |
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| 206 | 206 | | County of _______________ |
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| 207 | 207 | | |
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| 208 | 208 | | Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. |
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| 209 | 209 | | |
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| 210 | 210 | | SealSignature |
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| 211 | 211 | | |
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| 212 | 212 | | SealSignature |
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