​A California Copy Certification of Power of Attorney serves as a validation of the original notarized Power of Attorney, confirming that the Power of Attorney is genuine.  It is not just a formality, it is a legal necessity in many cases.  The certified copy can be useful in financial, healthcare, real estate and many other matters.

A California Notary Public can certify photocopies of powers of attorney. A certified copy of a power of attorney that has been certified by a California Notary Public has the same force and effect as the original Power of Attorney.  (A suggested format for the certification is shown here)

Note: Other documents such as vital records, court documents and publicly recordable documents can not be certified by a California Notary Public. Only Powers of Attorney. 

Reference: (California Probate Code § 4307)
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When the signer of a document cannot write (sign) his/her name, the signer may sign the document by mark. In the notary world we call it "signature by mark".

The requirements for notarizing a signature by mark are as follows:

1. The person signing the document by mark must be identified by the California Notary Public by satisfactory evidence.

2. The signer’s mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. The witnesses are only verifying that they witnessed the signer make his or her mark on the document.
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​Note: The Notary Public is not required to identify the two persons who witnessed the signing by mark.
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Reference: (CA Civil Code Section 14)
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A Mylar Map (or Mylar Subdivision Map or  Mylar Plat Map)  is a map printed on Mylar material (a durable transparent film). This map is created to indicate the subdivision of a piece of land into smaller parcels or indicates the details of a single property such as property lines, easements, restrictions etc. In some cases, the map is laminated rather than printed on mylar. If the map is to be officially recorded at a local recording office, it must first be notarized.

Because of the plastic nature of the document, the Notary's official ink seal can not adhere to it. For this reason, a California statute allows an exception when authenticating this official notarial act without the use of the Notary's ink commission stamp.

Reference: Government Code Section 66436(c)

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An "apostille" is a certificate issued by the Secretary of State for documents to be recognized abroad. It is permanently fastened to the original document(s). 

The process authenticates either the credential's of the Notary Public who notarized the document or the original signature of the State or County official who signed & certified the document (such as a birth certificate). 

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Apostilles and Authentication Certificates validate the seal and signature of a Notary Public on a document so that it can be accepted in a foreign country. It verifies that the Notary Public held a  valid commission at the time a document was notarized.

Apostilles are used when public documents are being transferred between countries that are a party to the Hague Apostille Convention of 1961. List of Countries click here.

Example of documents that may require authentication for use abroad include: affidavits, agreements, articles of incorporation, company bylaws, deeds of assignment, diplomas, home study, income verification, powers of attorney, transcripts, trademarks, warrants, extraditions, certificates of good standing and other general business documents. Also, parents wanting to adopt a child living in another country must have their adoption dossiers properly authenticated.

Authentication Certificates are used for destination nations that are not part of the Hague Convention. Instead of a single Apostille, the document needs several authentication certificates, including those from the Secretary of State, the U.S. Department of State, the consul of the destination country and potentially another government official in the destination country.
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Tip: Proper pronunciation of the word Apostille is “Apastee”.

A "Jurat" is the second most common notarial act on which a signer is swearing (in person) to the truthfulness of a statement or document. The Jurat is identified by the wording "subscribed and sworn to (or affirmed)".  The signer subsequently takes an oath or affirmation.
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In the Jurat, the Notary Public certifies:

• That the signer personally appeared on the date and in the county indicated;
• That the signer signed the document in the presence of the Notary Public;
• That the Notary Public administered the oath or affirmation; 
• The identity of the signer. 

​Three requirements for the execution of a Jurat are:

1. The signer must personally appear before the Notary Public.
2. The signer must  provide valid ID to be positively identified using satisfactory evidence.
3. The signer must swear or affirm to the truthfulness of the document or statement.

Reference: (California Government Code  § 8202)

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* A Notary Public is not allowed to give legal advice

​An "acknowledgment" is the most common notarial act in which a Notary Public certifies having positively identified a document signer who admitted having signed the document. 

The primary function of an acknowledgment is the positive identification of a document signer, verifying that the person who signed the document is, in fact, the person named in it. The Notary Public confirms the identity of the signer and the signer acknowledges being the signer of the document. 

Three requirements for the execution of an Acknowledgment:

1. The signer must personally appear before the Notary Public
2. The signer must be positively identified using satisfactory evidence
3. The signer must acknowledge his/her signature

Reference: (California Civil Code § 1189)
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* A Notary Public is not allowed to give legal advice

A California Notary Public is a person of required honesty, credibility, truthfulness and integrity appointed by the State of California to serve the public as an impartial witness in performing a variety of acts related to the signing of important documents, taking oaths and affirmations and performing other acts authorized by law (GC 8201.1 and 8205).

When a Notary notarizes for a signer, the Notary's job as an impartial witness is to do certain things such as authenticate a person's identity and verify that the person signed the document.  

A Notary Public is an official whose purpose is to serve the public in an unbiased manner.  The Notary's right to act as an official witness is granted through a written authorization call a "commission" which must be renewed every four years.   A California Notary Public's jurisdiction is statewide.

Ref: National Notary Association Reference Guide

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A California Notary Public is not allowed to give legal advice.

 
You have an appointment tomorrow with your local Notary Public and you just realized that your driver's license has expired and you have no passport.  What do you do?

No worries, an expired driver's license is still acceptable provided that it was issued within the past five years from the date of your notarization.  


There are many other forms of ID that are acceptable other than Driver's Licenses and Passports.  Please see the list below indicating all the forms of identification that are approved and accepted for notarizations in the state of California. 

• State Driver License issued by a DMV in any state
• State ID Card issued by a DMV or government agency
• Employee Identification Card issued by a state or government agency
• U.S. or Foreign Passport
• U.S. Military Identification Card**
• Driver License issued by a an authorized Canadian or Mexican public agency.
• Inmate ID card issued by the California Department of Corrections & Rehabilitation (for inmates in custody in prison only)
• Any form of inmate ID issued by a sheriff’s dept. (inmates in custody in a local detention facility only)
• Employee ID card issued by an agency or office of the state of CA, or by an agency or office of a CA city, county, or city and county
• Consular identification document
• ID card issued by a federally recognized tribal government

 

1. ID must be current or issued within the last five years from the date of notarization
2. ID must contain Photograph, Physical Description, Signature, Serial Number and Expiration Date**
3. Should a signer have no approved ID, he/she must provide two personally-known witnesses with approved and valid photo ID's

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*A California Notary Public does not give legal advice.

​​Summer of 2018 is upon us. Time for travel, vacation and fun.

April and May are the perfect months of the year to start getting your child's summer travel documents together. 

If your child will be traveling abroad with one parent or with an adult who is not his/her parent, its a good idea to start getting in touch with your Travel Agent, airline, cruise, U.S. Customs and Border Protection agency etc. from whom you can gather the correct information you will need to proceed with proper documentation your child will need  before traveling.

Additionally, it would be wise to contact the official agency of the country to which your child is traveling and ask which additional documentation and policies they might have in place for minors entering their country. 

Most likely, your consent form or child's permission form will need to be notarized by a state commissioned Notary Public. 

Dash Mobile Notary (San Mateo County) is here to notarize your form and to provide you with any information or clarifications you may need in order to be prepared with the proper identification you will need for the notarization. Please feel free to contact Dash  with any questions you may have.

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* A California Notary Public does not provide legal advice.