Quick Reference: Notary Powers and Restrictions
What You CAN Do:
- Acknowledgments: Verify identity of signer who acknowledges signing
- Jurats: Administer oath to signer swearing document is true
- Proof of Execution: Verify signature through subscribing witness
- Certify Copies: Powers of Attorney and your own journal entries only
- Depositions: Swear in witnesses and issue certificates
What You CANNOT Do:
- Practice Law: Give legal advice, choose notarization type, draft documents
- Certify Vital Records: Birth, death, or marriage certificates
- Advertise as "Notario Publico": Prohibited immigration advertising
- Notarize Incomplete Documents: Documents with blank spaces
- Conflict of Interest: Notarize if you're a principal or have direct financial interest
Key Terms Defined:
- Unauthorized Practice of Law (UPL): Providing legal advice or services without being a licensed attorney - can result in criminal charges
- Conflict of Interest: Situation where notary has personal or financial stake in the document being notarized
- Government Code § 8205: California law defining what official acts notaries are authorized to perform
A California Notary Public is a public servant with limited, specific powers. You are not a lawyer, a judge, or a paralegal. Your primary job is to witness signatures and verify identities. Stepping outside this narrow lane—even to be "helpful"—can result in the suspension of your commission, thousands of dollars in fines, or criminal charges for the Unauthorized Practice of Law (UPL).
This guide draws a bright red line between what you are authorized to do and what is strictly prohibited in 2025.
1. The "Green Light": What You CAN Do
California law (Government Code § 8205) authorizes you to perform specific official acts. If a customer asks you to do something not on this list, you generally must refuse.
The "Big 3" Common Acts
Authorized Notarial Acts
- Acknowledgments: Verifying the identity of a signer who acknowledges they signed a document (e.g., Deeds, Powers of Attorney).
- Jurats: Administering an oath to a signer who swears the content of a document is true (e.g., Affidavits).
- Proof of Execution: Verifying a principal's signature through a subscribing witness (rare and restricted).
Specialized Acts
- Certify Copies: You can only certify copies of Powers of Attorney and copies of your own Journal entries.
- 2025 Update: You can perform a jurat for a custodian certifying a "Tangible Copy of an Electronic Record" under Government Code § 27201.1.
- Depositions: You can swear in a witness for a deposition and issue a certificate for it.
- Protests: You can demand acceptance and payment of foreign/inland bills of exchange (mostly used by notaries employed by financial institutions).
Coach's Tip: You can also notarize signatures on documents written in a foreign language, provided you can communicate with the signer directly and the notarial certificate itself is in English.
2. The "Red Light": What You CANNOT Do
These are the actions that get notaries sued or fired.
1. The Practice of Law (The Big No-No)
You are prohibited from practicing law unless you are an active member of the State Bar.
Unauthorized Practice of Law - Prohibited Actions
- You Cannot: Give advice on how to fill out a document.
- You Cannot: Choose the type of notarization (Acknowledgment vs. Jurat) for the client.
- You Cannot: Draft or prepare legal documents.
- The Trap: A customer asks, "Which form should I use for this?" If you answer, you are practicing law. You must say, "I cannot give legal advice. Please contact the agency receiving the document or an attorney."
Critical: Unauthorized Practice of Law (UPL) is a criminal offense. Even well-intentioned "help" can result in criminal charges, fines, and commission suspension.
2. Certifying "Vital Records"
- You Cannot: Certify a copy of a birth, death, or marriage certificate. Only the State Registrar or County Recorder can do this.
- The Workaround: You can notarize an affidavit where the client swears a copy is true, but you cannot certify the copy yourself.
3. Immigration Consultant Restrictions
- You Cannot: Advertise as a "Notario Publico."
- You Cannot: Help a client fill out immigration forms unless you are also a bonded Immigration Consultant. Even then, you are limited to clerical data entry.
The Trap: Advertising as "Notario Publico" is a willful failure to discharge duties, incurring a $1,500 civil penalty under Government Code § 8214.1.
4. Conflict of Interest
Conflict of Interest Rules
- You Cannot: Notarize a document if you are a Principal signer (Grantor, Grantee, Trustor, Trustee, etc.).
- You Cannot: Notarize a document if you have a Direct Financial Interest (e.g., you get a commission from the real estate deal closing).
- Exception: You can notarize for your employer (agent/employee status) if you have no personal interest beyond your salary.
3. The "Incomplete Document" Rule
Scenario: A client brings you a contract with blank spaces and says, "I'll fill in the price later."
Verdict: REFUSE.
Government Code § 8205 states a notary may not notarize a document that is incomplete. If you notarize a document with blanks, someone could alter the terms later, making you an accessory to fraud. You must ensure the document is complete before you stamp it.
Common Trap: Even if the client says "I'll fill it in later," you must refuse. Incomplete documents cannot be notarized. Period.
4. Common "Grey Area" Scenarios
Can I notarize a will?
Technically Yes, but Risky. California law does not prohibit notarizing a will, but wills are usually witnessed, not notarized. If you notarize a will incorrectly, it could invalidate the entire estate plan. Most experts advise referring the signer to an attorney.
Can I notarize for my spouse or parents?
Yes, IF you have no direct financial interest.
- Safe: Notarizing a travel permission slip for your child (no financial gain).
- Unsafe: Notarizing a deed where your spouse is buying property (community property laws mean you might acquire an interest). When in doubt, don't do it.
Can I use a credible witness if the signer has an ID?
No. You can only use a credible witness if the signer does not possess any of the identification documents authorized by law. If they have a valid ID but just left it at home, you cannot use a witness for convenience.
Frequently Asked Questions (FAQ)
Can I help a customer fill out their form?
No. Unless you are an attorney or a bonded immigration consultant (for immigration forms), you cannot assist in completing documents. You act only as a witness to the signing. Providing assistance in filling out forms constitutes the unauthorized practice of law.
Can I notarize a photograph?
No. You notarize signatures on documents, not objects or photos. However, a person can write a statement on the back of a photo ("I certify this is a photo of me..."), sign it, and you can notarize that signature.
Can I choose the certificate if the document doesn't have one?
No. The signer must choose. You can show them samples of an Acknowledgment and a Jurat and ask, "Which one do you need?" If they don't know, they must ask the receiving agency. You cannot make this decision for them.
Can I certify a copy of a passport?
No. California notaries cannot certify copies of passports or driver's licenses. You can only certify copies of Powers of Attorney and your own journal line items under Government Code § 8205.
Can I notarize a document in a foreign language?
Yes, provided you can communicate with the signer directly. The document itself can be in any language, but the notarial certificate must be in English. You must be able to communicate with the signer to verify their identity and understand what they're signing.
Can I notarize for a family member?
It depends on the relationship and financial interest. You can notarize for family members if you have no direct financial interest in the transaction. However, notarizing documents where you stand to benefit financially (like a deed where you're the grantee) is prohibited.
Can I refuse to notarize a document?
Yes. You can refuse to notarize if:
- The document is incomplete
- The signer cannot be properly identified
- You have a conflict of interest
- The signer is not present
- The signer appears to be under duress or not mentally competent
Can I charge extra for travel or convenience?
Yes, but you must separate the statutory notary fee ($15) from the travel/convenience fee. The travel fee is a business service, not a statutory fee. Always get agreement in advance and clearly itemize on your receipt.
Next Steps: Stay Within Your Lane
Now that you understand your powers and limitations:
- Memorize Authorized Acts: Acknowledgments, Jurats, Proof of Execution, Certified Copies (limited)
- Never Give Legal Advice: Refer clients to attorneys or agencies
- Avoid Conflicts: Don't notarize if you have a financial interest
- Refuse Incomplete Documents: Never notarize documents with blanks
Learn more about notary best practices
Last updated: January 2025. Based on the Official 2025 California Notary Public Handbook and Government Code § 8205.