Quick Reference: Notary Penalty Tiers
Civil Penalties:
- $750: Negligence (incomplete certificates, overcharging)
- $1,500: Willful failure (advertising violations, immigration advice)
- $2,500: Thumbprint failure, Peace Officer journal refusal
- $10,000: Identity failure, False Acknowledgment
Criminal Penalties:
- Misdemeanor: Unlawful possession of seal, failure to control journal
- Felony: Real Estate Fraud, Forgery, Perjury
Key Terms Defined:
- Negligence: Failure to discharge duties without intent - results in $750 penalty
- Willful Failure: Intentional failure to discharge duties - results in $1,500 penalty
- False Acknowledgment: Stating a fact known to be false in a certificate (e.g., "personally appeared" when they didn't) - results in $10,000 penalty
- Government Code § 8214.1: California law allowing Secretary of State to deny/revoke commissions for violations
In the notary world, a "simple mistake" isn't just a typo—it's a liability. A single missing thumbprint can cost you $2,500. A forgotten ID check can cost you $10,000. And helping a friend with a "quick favor" can cost you your freedom.
The California Secretary of State doesn't accept "I didn't know" as a defense. This guide breaks down the most common errors that lead to fines, suspension, and jail time, using real-world scenarios so you can spot the traps before you step into them.
1. The "Small" Mistakes (Up to $750)
These are often labeled as "Negligence". You didn't mean to break the law, but you were sloppy.
The Error: Incomplete Certificates
Scenario: You are in a rush. You sign and stamp the acknowledgment but forget to fill in the venue ("County of Los Angeles") or the date.
- The Penalty: Up to $750 civil penalty under Government Code § 8214.1.
- Why? An incomplete certificate renders the document invalid for recording, potentially costing the signer thousands in delays.
The Fix: Always complete every field on the certificate: venue, date, signer's name, and your signature and seal. Double-check before the signer leaves.
The Error: Overcharging
Scenario: A client begs you to come to their house at midnight. You agree but charge $50 for the signature to make it worth your while.
- The Penalty: Up to $750 civil penalty + commission suspension/revocation.
- The Fix: You can charge $15 for the signature and a separate travel fee, but you cannot roll them into one "notary fee." The statutory maximum is $15 per signature under Government Code § 8211.
Proper Fee Structure
| Fee Type | Amount | Notes |
|---|---|---|
| Notary Fee | $15.00 (max) | Statutory fee per signature |
| Travel Fee | Unlimited (if agreed) | Separate business service fee |
| Total on Receipt | $15 + Travel Fee | Must be itemized separately |
2. The "Willful" Mistakes (Up to $1,500)
These penalties apply when you knowingly break a rule or disregard your duties.
The Error: The "Notario" Trap
Scenario: You speak Spanish and want to help your community. You print business cards that say "Notario Publico."
- The Penalty: Up to $1,500 civil penalty + suspension of at least one year (or revocation for a second offense) under Government Code § 8214.1.
- Why? In Latin America, a "Notario" is a high-level attorney. In California, you are a witness. Using this term is considered deceptive advertising.
The Fix: Never use "Notario Publico" or "Notario" in any advertising, business card, or website. This is strictly prohibited and will result in severe penalties.
The Error: Immigration Advice
Scenario: A client asks, "Which box do I check for my citizenship application?" You help them choose.
- The Penalty: Up to $1,500 civil penalty + revocation.
- The Fix: You must be a registered Immigration Consultant to touch those forms. Otherwise, you are practicing law without a license, which is a criminal offense.
3. The "Career Killers" ($2,500 – $10,000)
These violations are severe because they undermine the public trust or enable fraud.
The Error: Missing Thumbprint ($2,500)
Scenario: You notarize a Grant Deed or Power of Attorney. You get the signature and ID, but you forget to get the signer's right thumbprint in your journal.
- The Penalty: Up to $2,500 civil penalty under Government Code § 8214.23.
- The Trap: Notaries often forget this only applies to specific documents (Deeds/POAs), but when it applies, it is mandatory.
Thumbprint Requirements
| Document Type | Thumbprint Required? |
|---|---|
| Grant Deed | YES |
| Quitclaim Deed | YES |
| Deed of Trust | YES |
| Power of Attorney | YES |
| Trustee's Deed (Foreclosure) | NO (Exception) |
| Deed of Reconveyance | NO (Exception) |
The Error: Refusing a Peace Officer ($2,500)
Scenario: A police officer comes to your office and asks to see your journal. You refuse, saying, "I need to talk to my boss first."
- The Penalty: Up to $2,500 civil penalty under Government Code § 8214.23.
- The Rule: You must surrender the journal immediately to a peace officer investigating a crime. There is no "boss approval" exception.
The Error: Failure to Identify ($10,000)
Scenario: Your boss brings in a big client and says, "This is Mr. Smith, I've known him for years, just stamp it." You feel pressured and skip asking for Mr. Smith's ID.
- The Penalty: Up to $10,000 civil penalty under Government Code § 8214.1.
- The Reality: If "Mr. Smith" turns out to be an imposter, you are on the hook for enabling identity theft.
Critical: Never skip the ID check, even for "trusted" clients. The $10,000 penalty for identity failure is the highest civil penalty for notaries. Always require satisfactory evidence of identity.
The Error: False Certificate ($10,000)
Scenario: A client brings a document signed by her husband, who is not present. She begs you to notarize it, promising he really signed it. You perform an Acknowledgment saying he "personally appeared."
- The Penalty: Up to $10,000 civil penalty for willfully stating a false fact in a certificate under Government Code § 8214.1.
- The Reality: This is one of the most serious violations. Stating someone "personally appeared" when they didn't is fraud.
4. Criminal Acts (Jail Time)
Civil penalties hurt your wallet. These hurt your freedom.
Misdemeanors
Misdemeanor Offenses
| The Error | Charge |
|---|---|
| Leaving your journal on your desk while you go to lunch | Willful failure to control your journal/seal |
| Giving your seal to your employer when you quit because they paid for it | Unlawful possession/surrender of a seal |
Felonies
Felony Offenses
| The Error | Charge |
|---|---|
| Helping someone file a fake Deed of Trust on a single-family home | Real Estate Fraud (Felony) |
| Backdating a certificate to make it look like a document was signed earlier than it was | Forgery (Felony) |
5. Real-Life Case Study: The "Helpful" Employee
This scenario is based on common disciplinary cases.
The Situation: Jane is a notary at a real estate office. Her boss asks her to notarize a Deed of Trust for a client who is running late and will sign it later. Jane wants to be a team player, so she pre-stamps the acknowledgment.
The Outcome: The client never shows up. The boss uses the pre-stamped page to forge a signature on a fraudulent loan.
The Fallout:
- Jane: Commission revoked. Fined $10,000 for false acknowledgment. Potentially charged with forgery (felony).
- The Victim: Loses their home equity.
- The Defense: "My boss told me to" is NOT a valid defense.
Coach's Tip: Your loyalty belongs to the State of California, not your employer. If your boss asks you to break the law, they are asking you to pay a $10,000 fine for them. Always follow the law, regardless of pressure.
Frequently Asked Questions (FAQ)
Does Errors & Omissions (E&O) insurance cover these fines?
Sometimes. E&O insurance covers negligence (honest mistakes). It typically does not cover willful misconduct or criminal acts. If you intentionally skip the ID check, your insurance may deny the claim, leaving you to pay the $10,000 out of pocket.
Can I be fined if I didn't know the rule?
Yes. Ignorance of the law is not a defense. By accepting the commission, you swore you knew the rules. This is why the "Negligence" penalty ($750) exists—to punish careless ignorance. The California Secretary of State expects you to know and follow all notary laws.
What if I realized I made a mistake right after the customer left?
You cannot "fix" a certificate once it has left your possession. If you catch the error, contact the signer immediately. They must return, and you must perform a new notarization (new entry, new seal). Do not just mail them a corrected page. Never alter a certificate after it's been issued.
Can my employer pay my fines?
Technically yes, but the disciplinary action (suspension/revocation) goes on your permanent record, not theirs. You are the public officer; you carry the license and the liability. Even if your employer pays the fine, you still face suspension or revocation of your commission.
What happens if I lose my journal?
You must notify the California Secretary of State IMMEDIATELY via certified mail. Failure to report a lost or stolen journal is a violation. The journal must be reported lost immediately, not within 10 days or 30 days—immediately.
Can I appeal a penalty or suspension?
Yes. You have the right to request an administrative hearing to contest a penalty or suspension. However, appeals take time (months) and often require legal help. It is much easier to follow the law from the start than to fight a penalty later.
What is the difference between negligence and willful failure?
Negligence: You made a mistake without intent (e.g., forgot to fill in the date). Penalty: $750.
Willful Failure: You intentionally broke a rule or knew you were doing something wrong (e.g., advertising as "Notario Publico"). Penalty: $1,500.
Next Steps: Protect Yourself
Now that you understand the penalties:
- Memorize the Fine Tiers: $750 (Negligence), $1,500 (Willful), $2,500 (Thumbprint/Peace Officer), $10,000 (ID/False Cert)
- Never Skip ID Checks: The $10,000 penalty is the highest
- Always Get Thumbprints: For Deeds and POAs (with exceptions)
- Follow the Law: Your loyalty is to the State, not your employer
Learn more about notary best practices
Last updated: January 2025. Based on the Official 2025 California Notary Public Handbook, Government Code § 8214.1-8214.23, and actual disciplinary cases from the California Secretary of State.