JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.1.
Title 2.DIVISION 1. GENERAL
Ch. 3.CHAPTER 3. Notaries Public
Art. 2.ARTICLE 2. Online Notarization
This text of California § 8231.3. (8231.3. (Added by Stats. 2023, Ch. 291, Sec. 8.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)
(1)An applicant for a commission as a notary public may apply for registration with the Secretary of State to perform online notarization by complying with the requirements of Chapter 3 (commencing with Section
8200).
(2)A notary public who holds a California notary public commission but is not yet registered with the Secretary of State to perform online notarizations may obtain registration before the expiration of their term by resigning their current commission in the manner prescribed by the Secretary of State and meeting the requirements of Article 1 (commencing with Section 8200) and Article 2 (commencing with Section 8231). The notary public’s current commission shall remain in full force and effect until the effective date of the new commission.
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(a)
(1)
An applicant for a commission as a notary public may apply for registration with the Secretary of State to perform online notarization by complying with the requirements of Chapter 3 (commencing with Section
8200).
(2)
A notary public who holds a California notary public commission but is not yet registered with the Secretary of State to perform online notarizations may obtain registration before the expiration of their term by resigning their current commission in the manner prescribed by the Secretary of State and meeting the requirements of Article 1 (commencing with Section 8200) and Article 2 (commencing with Section 8231). The notary public’s current commission shall remain in full force and effect until the effective date of the new commission.
(b)
(1)
In order to register with the Secretary of State to perform online notarizations, an applicant shall have completed the following requirements:
(A)
During the commissioning
for appointment as a notary public,
the applicant shall have satisfactorily completed the six-hour course of study approved by the Secretary of State as required by paragraph (3) of subdivision (a) of Section 8201 and satisfactorily completed a written examination as required by paragraph (4) of subdivision (a) of Section 8201.
(B)
The applicant shall have satisfactorily completed a two-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public authorized to perform online notarizations under this article and have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of a notary public authorized to perform online notarizations. All questions shall be based on the laws of this state as set forth in the booklet of the laws of California relating to notaries public distributed by the Secretary of State.
(2)
A notary public who applies for reappointment and authorization to perform online notarizations shall satisfactorily
complete the three-hour refresher course of study required by paragraph (2) of subdivision (b) of Section 8201 and the two-hour course of study approved by the Secretary of State required by subparagraph (B) of paragraph (1).
(c)
A notary public shall be issued only one commission number for each term, which shall have the same meaning as Section 8204.
(d)
The Secretary of State may charge an additional fee for an application for registration submitted pursuant to this section in an amount necessary to cover the additional costs of administering this article.
(e)
If the notary public ceases to use an online notarization platform or depository, neither the notary public nor the online notarization platform or depository is
absolved of their respective duties under this article, or the rules and regulations adopted pursuant to this article, with respect to the security, preservation, and production of records of online notarial acts generated using the online notarization system of the online notarization platform or stored by the depository, including the electronic journal required by Section 8231.5 and the audio-video recording required by Section 8231.6.