Article 3Proof and Acknowledgment of Instruments
Section § 1180
You can officially verify or acknowledge legal documents anywhere in the state by presenting them to certain officials, including active or retired justices, judges, or clerks from the Supreme Court, any court of appeal, or superior court. You can also go to the Secretary of the Senate or the Chief Clerk of the Assembly for this purpose.
Section § 1181
Section § 1181.1
This law section specifies that only notaries public authorized by the California Secretary of State can perform online notarizations using audio-video communication. It will become effective once the necessary technology for online notarization is ready, either when the Secretary of State certifies its completion on their website or by January 1, 2030. However, if the technology isn't ready by January 1, 2029, the Secretary must inform the Legislature and Governor in writing about the status.
Section § 1182
If you need to prove or acknowledge a document outside of California but still within the US, it can be done by certain officials. These include judges or clerks from court, commissioners appointed for this task, notary publics, or any other local officer permitted by the state's laws where you are.
Section § 1183
This law describes who can legally verify or acknowledge a document outside the United States. It allows U.S. officials like ministers, consuls, or judges in the foreign country to do this. It also permits notaries to perform this task, but their signatures need extra verification, which can be done by a judge in that country, American diplomatic staff, or through an apostille under the Hague Convention.
Section § 1183.5
This law allows certain military officers with notary powers to perform notarial acts for active-duty service members, their spouses, and specific others related to the armed forces, even if they are overseas. These officers don't need to include the location where the notarial act took place, and no special seals or certificates are required. The documents they notarize will be presumed valid unless proven otherwise. The officers must use a specific format for acknowledgments and jurats (notary statements), which essentially confirm they have verified the identity and role of the people involved.
Section § 1184
This law allows deputies, who are appointed by certain officers, to handle official acknowledgments or proofs as if they were the officer themselves. This means that if an officer can legally appoint a deputy, that deputy can perform the same duties in the officer's name.
Section § 1185
This law specifies that a notary or officer cannot acknowledge a document unless they have convincing proof that the person signing is who they claim to be. Proof can be from a credible witness, proper identification like a driver's license or passport, or alternative forms of ID if they meet certain criteria. If an officer fails to confirm identity correctly, they could face a fine up to $10,000. The officer is usually assumed to have followed the law correctly unless proven otherwise. If a person lies under oath about their identity, they lose any financial benefits from the document.
Section § 1188
This law says that when a legal document needs a formal acknowledgment, the officer responsible for witnessing it must include a signed statement or certificate as described in another section of the law, Section 1189.
Section § 1189
This section outlines the requirements for certificates of acknowledgment in California. When a notary public or related official completes one, they must include a boxed notice stating that they are only verifying the identity of the signer, not the document's truthfulness or validity. If the notary knowingly provides false information, they could face a fine up to $10,000. Certificates made elsewhere are valid if they follow local laws. For documents going to other U.S. states, a California notary can adjust the form if it doesn't stray into unauthorized certifications by California standards. Older acknowledgment forms from before 1993 are still valid if they followed previous laws.
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.
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Section § 1190
If a document is signed on behalf of a corporation or other entity by someone who is officially authorized—like a president or secretary—it’s taken as proof that the document is legally valid for that entity. This proof is solid for anyone who buys, leases, or takes on debt involving the document, as long as they are acting in good faith.
Section § 1193
This law section says that when an official is confirming or proving a document to be used for record purposes, they must sign it, state their official title, and use their office seal if it’s required by the state or country where they are working.
Section § 1195
This law explains how you can prove someone signed a document when there's no official acknowledgment. It can be confirmed by the person who signed it, someone who witnessed it, or another witness in certain cases. However, for documents like power of attorney or deeds, proof is not allowed under certain government codes, except for specific cases like a trustee's deed. There is also a requirement that any official proof of signing must include a clear notice that the notary only verifies the signer's identity, not the document's truthfulness or accuracy. The law provides a specific format for this notice.
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.
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]).
Section § 1196
If you need a witness to confirm they signed a document, someone else, considered trustworthy, must swear under oath to verify this by showing the officer a certain document that meets specific criteria.
Section § 1197
This law states that if you are a witness who signed a document, you need to confirm that the person who signed the document as a participant is actually the person described in it. You also have to verify that the person really signed the document and that you signed it as a witness.
Section § 1198
This California law explains how to prove that a document was signed by someone when witnesses or the signer themselves can't testify. You can use samples of their handwriting to prove a signature in five situations: if everyone involved is dead, lives outside California, can't be found even after searching, a witness is hiding, or if a witness refuses to talk for an hour after arriving.
Section § 1200
If an officer is verifying the signing of a legal document, they must include in their official statement all necessary legal steps and information. This includes the names and addresses of witnesses and a summary of what they said.
Section § 1201
This law section lists the powers given to officers who verify legal documents, known as 'proof of instruments.' They can give oaths, hire interpreters, issue subpoenas, and handle contempt cases. If someone is harmed due to a wrongful action during these processes, civil damages and penalties are outlined in another section.
Section § 1202
If an important document is signed correctly but there's a mistake in the certification, anyone with an interest in the document can ask the superior court to fix the certificate.
Section § 1203
This law allows anyone who benefits from a legal document that needs to be officially recorded to take the matter to a superior court. They can request a court judgment to confirm the validity of the document.
Section § 1204
If you have a certified copy of a judgment from a proceeding related to the previous two sections, and it includes proof of a document, you can record that document as if it was officially acknowledged.
Section § 1205
This law says that if a document like a deed or contract was signed or recorded before these current rules took effect, it's judged by the old laws that were in place at that time. The current rules don't change anything about its legality or validity.
Section § 1206
This section says that if someone transferred real estate ownership before these rules took effect, and they followed the old laws for doing so and proving it, those transfers are still valid. They can be recorded now just like any transfers done under the new rules.
Section § 1207
This law says that once a document affecting property title is recorded at a county office, 90 days later it officially notifies later buyers and creditors about its details, even if there were mistakes in how the document was formally completed. However, this doesn’t impact previous buyers or creditors from before the law took effect. Certified copies of these records can be used as evidence in court if it’s proven that the original document is genuine, provided the copy was made within five years before the trial.
Section § [1199.]
To verify certain documents, the evidence provided must convince an officer of a few important things. First, at least one of the necessary conditions described must be present. Second, the witness must know the person who signed the document, recognize their signature, and confirm it's genuine. Third, the witness should personally know another witness who signed, recognize their signature, and confirm it's genuine too. Lastly, the witness needs to provide their home address.