Cal. Gov. Code § 8231.8

Current through the 2024 Legislative Session.

Section 8231.8 - [Effective 1/1/2025] Verification of identity of a principal; notarial certificate

(a) In performing an online notarization, a notary public authorized to perform online notarizations shall verify the identity of a principal by satisfactory evidence that meets the requirements of this subdivision and the rules and regulations adopted by the Secretary of State.

(1) For purposes of this subdivision, "satisfactory evidence" means the absence of information, evidence, or other circumstances that would lead a reasonable notary public to believe that the principal is not the individual that the principal claims to be and all of the following:

(A) Remote presentation of a credential by the principal.

(B) Credential analysis of the credential described in subparagraph (A).

(C) Identity proofing of the principal described in subparagraph (A).

(2) For purposes of this subdivision, "satisfactory evidence" does not include the definition of "satisfactory evidence" set forth in Section 1185 of the Civil Code.

(3) Any record of a credential transmitted pursuant to this subdivision shall be retained no longer than necessary to do both of the following:

(A) Verify the identity of the principal.

(B) Make an entry in an electronic journal pursuant to subdivision (b) of Section 8231.5.

(b) The notary public and the online notarization platform shall encrypt all audio-video communication and shall take reasonable steps to ensure that the audio-video communication used in an online notarization is secure from unauthorized interception.

(c) The electronic online notarial certificate shall include a notation that the notarization is an online notarization. An electronic online notarial certificate shall be in the following form:

(1) For an acknowledgment:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of __________________________

Online Notarial Act

On ______________, 20____, before me, __________________________________(here insert name and title of officer), personally appeared _______________________________ by means of audio-video communication, who represented to me that he/she/they was/were physically located in _________________________, and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within electronic record and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the electronic record the person(s), or the entity upon behalf of which the person(s) acted, executed the electronic record.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Electronic SealElectronic Signature

(2) For a jurat:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of __________________________

Online Notarial Act

Subscribed and sworn to (or affirmed) before me this ____ day of _____, 20__, by ____________________________________, who represented to me that he/she/they was/were physically located in ___________________________, and proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me by means of audio-video communication.

Electronic SealElectronic Signature

(d)

(1) The notice shown in paragraphs (1) and (2) of subdivision (c) is for illustrative purposes and the format shall comply with Section 1189 of the Civil Code or Section 8202, as applicable.

(2) Nothing in this section shall be construed to require the inclusion of the principal's physical location at the time of the online notarial act in the electronic notarial certificate as a condition of recording or acceptance under California law.

Ca. Gov. Code § 8231.8

Amended by Stats 2024 ch 80 (SB 1525),s 56, eff. 1/1/2025.

Added by Stats 2023 ch 291 (SB 696),s 8, eff. 1/1/2024.

This section is set out more than once due to postponed, multiple, or conflicting amendments.