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| 1 | + | Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2834Introduced by Assembly Member KileyFebruary 18, 2022An act to add Section 8205.1 to the Government Code, relating to notaries public.LEGISLATIVE COUNSEL'S DIGESTAB 2834, as amended, Kiley. Notaries public: certificate corrections.Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary publics own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified.This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the correction will not affect the signatory individuals in any way. original record and notarial certificate are returned to the notary. The bill would require a notary public that corrects an error on a certificate to indicate the correction on the original entry for the certificate in the journal and to initial and date the correction on an updated certificate or indicate that a new certificate was issued.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 8205.1 is added to the Government Code, to read:8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2834Introduced by Assembly Member KileyFebruary 18, 2022An act to add Section 8205.1 to the Government Code, relating to notaries public.LEGISLATIVE COUNSEL'S DIGESTAB 2834, as amended, Kiley. Notaries public: certificate corrections.Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary publics own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified.This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the correction will not affect the signatory individuals in any way. original record and notarial certificate are returned to the notary. The bill would require a notary public that corrects an error on a certificate to indicate the correction on the original entry for the certificate in the journal and to initial and date the correction on an updated certificate or indicate that a new certificate was issued.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 17, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 27, 2022 | |
| 8 | 7 | Amended IN Assembly March 17, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2834 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member KileyFebruary 18, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Kiley | |
| 19 | 18 | February 18, 2022 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 8205.1 to the Government Code, relating to notaries public. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 2834, as amended, Kiley. Notaries public: certificate corrections. | |
| 28 | 27 | ||
| 29 | - | Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary publics own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified.This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the | |
| 28 | + | Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary publics own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified.This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the correction will not affect the signatory individuals in any way. original record and notarial certificate are returned to the notary. The bill would require a notary public that corrects an error on a certificate to indicate the correction on the original entry for the certificate in the journal and to initial and date the correction on an updated certificate or indicate that a new certificate was issued. | |
| 30 | 29 | ||
| 31 | 30 | Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary publics own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified. | |
| 32 | 31 | ||
| 33 | - | This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the | |
| 32 | + | This bill would authorize a notary public to correct an error on a certificate under specified circumstances, including that the correction will not affect the signatory individuals in any way. original record and notarial certificate are returned to the notary. The bill would require a notary public that corrects an error on a certificate to indicate the correction on the original entry for the certificate in the journal and to initial and date the correction on an updated certificate or indicate that a new certificate was issued. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 8205.1 is added to the Government Code, to read:8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 8205.1 is added to the Government Code, to read:8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | - | SECTION 1. Section 8205.1 is added to the Government Code, to read:8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 44 | + | SECTION 1. Section 8205.1 is added to the Government Code, to read:8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 46 | 45 | ||
| 47 | 46 | SECTION 1. Section 8205.1 is added to the Government Code, to read: | |
| 48 | 47 | ||
| 49 | 48 | ### SECTION 1. | |
| 50 | 49 | ||
| 51 | - | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 50 | + | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 52 | 51 | ||
| 53 | - | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 52 | + | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 54 | 53 | ||
| 55 | - | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 54 | + | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances:(1) The error was created by the notary public and does not stem from errors within the drafted document.(2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing.(3) The original record and notarial certificate are returned to the notary.(4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.(3)The correction will not affect the signatory individuals in any way.(b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following:(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 56 | 55 | ||
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | - | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 58 | + | 8205.1. (a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b) under the following circumstances: | |
| 60 | 59 | ||
| 61 | 60 | (1) The error was created by the notary public and does not stem from errors within the drafted document. | |
| 62 | 61 | ||
| 62 | + | (2) The request for correction is made in writing, includes the original certificate with error, and is presented to the notary public. writing. | |
| 63 | + | ||
| 64 | + | (3) The original record and notarial certificate are returned to the notary. | |
| 65 | + | ||
| 66 | + | (4) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence. | |
| 67 | + | ||
| 68 | + | (3)The correction will not affect the signatory individuals in any way. | |
| 63 | 69 | ||
| 64 | 70 | ||
| 65 | - | (1) The notary public who makes the correction is the same notary public who originally completed the certificate. | |
| 66 | - | ||
| 67 | - | (2) The error is in a certificate attached to a grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or other instrument affecting real property that is to be recorded with a county recorder. | |
| 68 | - | ||
| 69 | - | (3) The error was created by the notary public and does not stem from errors within the drafted document, which must be one of the types of documents set forth in paragraph (2). | |
| 70 | - | ||
| 71 | - | (4) The error is of a kind that prevents the county recorder from recording the document. | |
| 72 | - | ||
| 73 | - | (2) | |
| 74 | - | ||
| 75 | - | ||
| 76 | - | ||
| 77 | - | (5) The request for correction is made in writing. writing by the county recorder within five business days of the notarial act that is the subject of the certificate. | |
| 78 | - | ||
| 79 | - | (3)The | |
| 80 | - | ||
| 81 | - | ||
| 82 | - | ||
| 83 | - | (6) A clearly legible copy of the original record and notarial certificate are returned to the notary. notary by the county recorder with the recorders request. | |
| 84 | - | ||
| 85 | - | (4) | |
| 86 | - | ||
| 87 | - | ||
| 88 | - | ||
| 89 | - | (7) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence. | |
| 90 | 71 | ||
| 91 | 72 | (b) If a notary public makes a correction authorized by subdivision (a), the notary public shall comply with all of the following: | |
| 92 | 73 | ||
| 93 | 74 | (1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public. | |
| 94 | 75 | ||
| 95 | 76 | (2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate. | |
| 96 | 77 | ||
| 97 | 78 | (B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued. | |
| 98 | - | ||
| 99 | - | (3) The notary public shall attach to any updated or new certificate under paragraph (2) an affidavit or declaration, pursuant to Section 2015.5 of the Code of Civil Procedure that meets all of the following requirements: | |
| 100 | - | ||
| 101 | - | (A) It states that the conditions in subdivision (a) were satisfied. | |
| 102 | - | ||
| 103 | - | (B) It has attached to it clearly legible copies of both of the following: | |
| 104 | - | ||
| 105 | - | (i) The request for correction from the county recorder. | |
| 106 | - | ||
| 107 | - | (ii) The defective certificate. | |
| 108 | - | ||
| 109 | - | (C) It states that the attached documents are true and correct copies of the originals. | |
| 110 | - | ||
| 111 | - | (c) A notary public shall make any correction under subdivision (b) within five business days of receipt of a request made in writing by a county recorder under paragraph (5) of subdivision (a). Notwithstanding the foregoing, nothing in this section shall be construed to require a notary public to make a requested correction. | |
| 112 | - | ||
| 113 | - | (d) Nothing in this section shall be deemed to alter applicable law governing the recording of documents by a county recorder. |