AB 1905: Notaries public. | Digital Democracy

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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 fulfill certain duties, including, among others, to demand acceptance and payment of foreign and inland bills of exchange or promissory notes, and 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.

This bill would make nonsubstantive changes to the provisions imposing the above-described duties.

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The people of the State of California do enact as follows:SECTION 1.Section 8205 of the Government Code is amended to read:8205.

(a)It is the duty of a notary public, when requested:

(1)To demand acceptance and payment of foreign and inland bills of exchange, exchange or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.

(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, acknowledgment endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.

(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.

(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.

(b)It shall further be the duty of a notary public, upon written request:

(1)To furnish to the Secretary of State certified copies of the notarys journal.

(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.

Date	Status
Feb 10, 2022	From printer. May be heard in committee March 12.
Feb 9, 2022	Read first time. To print.

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Introduced (2/9/2022)