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New Notary Law:

 

A notary-related law sponsored by Secretary of State
Debra Bowen took effect January 1, 2012. The following is a brief overview of what California notaries public need to know for the new year.

--Under California Civil Code section 1195, in addition
to quitclaim deeds, grant deeds (other than trustee’s
deeds or deeds of reconveyance), mortgages, deeds
of trust, or security agreements, a subscribing witness appearing before a notary public on behalf of the person who actually signed a document(a principal)        cannot be used on powers of attorney or any documents requiring a notary public to obtain a
thumbprint in the notary public journal from the party
signing the document. The certificate used for a
subscribing witness is modified to comply with all
statutory requirements.

--Under California Commercial Code section 3505, and

Government Code sections 8205 and 8208, only
notaries public employed by a financial institution,
during the course and scope of the notary’s
employment with the financial institution, are
authorized to demand acceptance and payment of
foreign and inland bills of exchange, or promissory
notes, or to protest such bills or notes for
nonacceptance or nonpayment. This change is
intended to reduce the abuse of the protest process.
--Maximum fees for protests are no longer prescribed.

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