Quick Reference: Mobile Notary Requirements 2025
Legal Requirements:
- No Special License: Mobile notaries follow same rules as fixed-office notaries
- Business License: Usually required by city/county for home-based business
- E&O Insurance: Highly recommended (not required, but protects you from lawsuits)
- Surety Bond: Required ($15,000 bond, ~$38 for 4 years)
Fee Structure:
- Notary Fee: $15.00 maximum per signature (statutory)
- Travel Fee: Unlimited (if agreed in advance, must be separate from notary fee)
- Receipt: Must itemize notary fee and travel fee separately
Key Terms Defined:
- Mobile Notary: A notary who travels to clients instead of operating from a fixed location
- Principal Place of Business: The street address you list on your application (must be public, cannot be P.O. Box)
- Mailing Address: Can be a P.O. Box (separate from principal place of business)
- "No Refusal" Rule: You cannot unreasonably refuse to notarize during advertised business hours
Being a "Mobile Notary" is the most popular way to turn a commission into a business. Instead of waiting for clients to come to a mailbox store, you go to them—hospitals, coffee shops, and homes—and charge for the convenience.
However, California law treats mobile notaries exactly the same as fixed-office notaries. There is no special "mobile license." You must adhere to strict rules regarding fee separation, journal security in vehicles, and advertising.
This guide outlines the legal and practical requirements to launch a compliant mobile notary business in 2025.
1. The Legal Baseline: You Are a Public Officer First
Before you print business cards, remember: You are a public official appointed by the California Secretary of State. Your "business" goals cannot override your statutory duties.
The "No Refusal" Rule
No Refusal Rule
- The Rule: You cannot unreasonably refuse to notarize for someone just because they aren't a high-paying loan signing client.
- The Duty: If a neighbor walks up to you while you are washing your car and asks for a notarization, and they have the fee ($15) and proper ID, you generally must serve them during your advertised business hours.
Important: You are a public officer first, business owner second. You cannot pick and choose clients based on profitability during your advertised business hours. However, you can refuse for legitimate reasons (safety concerns, incomplete documents, etc.).
2. Essential Equipment & Security on the Road
Your office is your car, which creates unique legal liabilities.
1. The Seal (Stamp)
Seal Security Requirements
- Requirement: Must be photographically reproducible and contain specific elements (State Seal, Name, Commission #, Expiration).
- Mobile Rule: You must keep your seal under your "direct and exclusive control" at all times.
- The Trap: Leaving your seal in your glove compartment or unlocked in your car is a misdemeanor crime. If your car is stolen, your seal is compromised.
Best Practice: You should carry it on your person or in a locked container bolted to the vehicle. Never leave it unattended in an unlocked car.
2. The Journal (Hardcover Recommended)
Journal Security Requirements
- Requirement: One active sequential journal.
- Mobile Rule: Like the seal, it must be kept in a locked and secured area.
- The Risk: If you lose your journal at a Starbucks, you must notify the California Secretary of State immediately by certified mail.
Coach's Tip: Buy a "locking" briefcase or a portable car safe. "Hidden under the seat" is not "locked and secured" in the eyes of the law under Government Code § 8206.
3. Fee Structure: Separating Service vs. Travel
This is where mobile notaries make their profit, but you must structure the bill correctly to avoid "overcharging" penalties.
The Notary Fee (Capped)
- Strict Limit: You can charge a maximum of $15 per signature for Acknowledgments and Jurats under Government Code § 8211.
- Violation: Charging $50 for a "notary fee" is illegal and punishable by a $750 civil penalty and revocation.
The Travel Fee (Unregulated but Separate)
- The Loophole: California law does not cap travel fees. You can charge for your time, gas, and mileage.
- The Condition: The travel fee must be agreed upon with the client in advance (before you drive there).
- The Receipt: Your invoice must clearly separate the two:
Proper Fee Structure Example
| Item | Amount |
|---|---|
| Notarization | $15.00 |
| Travel/Convenience Fee | $35.00 |
| Total | $50.00 |
Journal Entry: You must record the notary fee ($15) in the "Fee" column of your journal. The Handbook notes that travel fees should be identified separately if recorded.
4. Privacy & Address Requirements
Most mobile notaries work from home. This creates a privacy issue because notary records are public.
The Business Address
Address Requirements
- The Rule: You must provide a "Principal Place of Business" address on your application. This address is public info.
- The Trap: If you list your home address, anyone can request it from the California Secretary of State.
- The Fix: You cannot use a P.O. Box as your principal place of business. You must use a street address. However, you can use a P.O. Box as your Mailing Address.
Change of Address
If you move your home/office, you must notify the California Secretary of State via certified mail within 30 days. Failure to do so is an infraction ($500 fine) under Government Code § 8214.1.
5. Advertising Dangers
You want to market your new business, but specific words can get you fined $1,500.
1. The "Notario" Ban
- Prohibited: You cannot use the terms "Notario Publico" or "Notario" in any advertising, business card, or website.
- Penalty: Suspension for at least one year (1st offense) or permanent revocation (2nd offense) under Government Code § 8214.1.
2. Foreign Language Advertising
If you advertise in any language other than English (e.g., Spanish, Tagalog, Mandarin), you must include the statutory disclaimer: "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters."
You must also list the statutory fees ($15) in that advertisement.
3. Immigration Specialist Ban
If you are also a registered Immigration Consultant, you cannot advertise as a Notary Public. You must keep the businesses separate to avoid confusing immigrants into thinking you have legal authority.
Frequently Asked Questions (FAQ)
Do I need a business license?
Likely yes. While the state commissions you, your city or county usually requires a business license to operate a home-based business. Check with your local City Hall or County Clerk's office for specific requirements in your area.
Do I need insurance?
The state requires a $15,000 Surety Bond, but that only protects the public. You should strongly consider Errors & Omissions (E&O) Insurance to protect yourself from lawsuits. Mobile notaries are higher-risk targets for liability because they travel to unfamiliar locations and work with various clients.
Can I notarize for my spouse if I have a mobile business?
No. If you have a direct financial or beneficial interest in the transaction (like a deed to your own house), you cannot notarize it. Community property laws often give you an interest in your spouse's transactions, creating a conflict of interest.
Can I refuse to go to a dangerous neighborhood?
Yes. You can refuse a mobile appointment for safety reasons. You are required to notarize if presented with a request at your place of business, but you are not required to travel to a client if you feel unsafe. However, you cannot refuse based on race, religion, or other protected characteristics.
Can I use a virtual office address as my principal place of business?
It depends. You must use a street address (not a P.O. Box) as your principal place of business. Some virtual office services provide street addresses, but you should verify with the California Secretary of State that this is acceptable. The address must be a physical location where you can receive mail and conduct business.
How do I set my travel fees?
Travel fees are unregulated, but they must be agreed upon in advance. Common approaches include:
- Flat rate per mile (e.g., $2 per mile)
- Flat rate per trip (e.g., $25-$50)
- Hourly rate for time spent (e.g., $50 per hour)
Always get agreement before traveling and clearly itemize on your receipt.
Can I advertise on social media?
Yes, but you must follow the same advertising rules:
- No "Notario Publico" language
- Include statutory disclaimer if advertising in foreign languages
- List statutory fees ($15)
- Cannot claim to be an attorney or give legal advice
Do I need a separate business bank account?
Not required by law, but it's a best practice for:
- Separating business and personal expenses
- Easier tax preparation
- Professional appearance
- Tracking business income and expenses
Next Steps: Launch Your Mobile Business
Now that you understand the requirements:
- Get Your Business License: Check with your local city/county
- Purchase E&O Insurance: Protect yourself from lawsuits
- Secure Your Equipment: Locking briefcase or car safe for seal and journal
- Set Your Travel Fees: Determine your pricing structure
- Create Compliant Advertising: Avoid "Notario" language and include required disclaimers
Learn more about notary fees and costs
Last updated: January 2025. Based on the Official 2025 California Notary Public Handbook, Government Code § 8205-8214, and California Secretary of State mobile notary requirements.