Bill Text: CA AB2834 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Notaries public: certificate corrections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2834 Detail]

Download: California-2021-AB2834-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2834

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Introduced by Assembly Member Kiley

February 18, 2022

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An act to add Section 8205.1 to the Government Code, relating to notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 2834, as introduced, 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 public’s 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. 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 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  

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Bill Text

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 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.

(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 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.