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California - New Laws Affecting Notaries Public Beginning January 1, 2008
  NEW LAWS AFFECTING NOTARIES PUBLIC
BEGINNING JANUARY 1, 2008

The primary changes provided by AB 886 effective January 1, 2008 are as follows:

1. Civil Code section 1185 – Acknowledgment; requisites. The identity of the person making an acknowledgment may no longer be established by personal knowledge alone. Under the new law, the identity of the person making the acknowledgment must be established by specified documents or a credible witness who is personally known to the notary public and proves their identity by specified documents. Violation of the section subjects a notary public to a civil penalty of up to $10,000 in an administrative action brought by the Secretary of State or a public prosecutor.

2. Civil Code section 1189 – Certificate of Acknowledgment. The certificate of acknowledgment is now executed under penalty of perjury. A notary public who willfully states as true any material fact known to be false c ...

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