APPOINTMENT OF A UCSD NOTARY PUBLIC
A. California Government Code Section 8202.5
Notary Public Handbook, Secretary of State,
B. Systemwide Business and Finance Bulletin (BFB)
G-24: Appointment of University
The University of California, San Diego has
various business-related reasons to make notary public services
available in the workplace. This issuance establishes local guidelines
for notary services to be provided by campus notaries within the scope
of their job duties and in fulfillment of the mission of the University. It provides guidance and assistance to an employee in obtaining a notary
public commission in fulfillment of their job responsibilities.
A. When a University notary public is essential
to the proper functioning of a department, the department chair or
business officer may submit a request to the UC San Diego Notary Program
Coordinator designating the applicant and stating the reasons for the
B. A University notary public may not
charge fees for filing or issuance of documents in connection with State
or University business.
C. California Government Code § 8211
provides that any fees charged must fall within the maximum allowed by
No fee may be charged to a United States military
veteran for notarization of an application or a claim for a pension,
allotment, allowance, compensation, insurance, or any other veteran's
D. A University notary public may execute documents
unrelated to State or University business, but may not retain any fees
for such service. Any fees collected must be turned over to the
notary's department for deposit to the appropriate University account. Providing notarial services to faculty, staff, and students should not
infringe upon project deadlines, department workload, or other
department priorities. Notary services unrelated to university business
purposes should only be performed with the approval of the notary's
supervisor or on the notary's own time; before or after work.
E. A University notary public who is an employee of
UC San Digeo shall permit inspection and copying of journal transactions
by any UC San Diego Campus/Healthcare System auditor or the UC San Diego
Notary Program Coordinator, provided that the inspection and copying is
done in the presence of the notary public and the transactions are
directly associated with the business purposes of UC San Diego . An
individual may request a copy of the notarial transaction performed for
him/her in writing and shall include the name of the parties, the type
of document, and the month and year in which notarized. The notary
shall supply a photocopy of the line item representing the requested
transaction at a cost of not more than thirty cents per page.
The University notary public shall provide the
journal for examination and copying in the presence of the notary public
upon receipt of a subpoena duces tecum or a court order, and shall
certify those copies if requested. California Government Code § 8206.
F. The cost of notary equipment (seal, rubber
stamps, and other supplies required) should be borne by the department
for which the Notary Commission was executed.
G. The UC San Diego Notary Program Coordinator
shall be notified of the resignation or termination of service of any
employee whose commission was obtained under the auspices of the
University of California, San Diego.
H. A Notary Public commission is not
I. It is important that the Campus Notary Program
Coordinator be notified before notaries perform certain notarizations
that require specific training qualifications, See Supplement III, UC
San Diego /UC San Diego Health System Limitations of Notary Service.
A. The Chancellor has designated Policy and Records
Administration as the office to handle Notary Public Commission
B. Policy and Records Administration is responsible
for the recruitment and retention of University Notary Publics. Policy
and Records Administration coordinates University Notary Public
Commission requests, provides the necessary guidance to obtain a
successful Notary Public Commission, provides all written fee waivers,
facilitates bi-annual notary meetings to inform notaries of changing
laws and regulations, and addresses any concerns or questions.
C. The University Notary Public is responsible for
the security and safekeeping of his/her journal.
Upon resignation of a University-sponsored
notary commission or separation from employment, a University Notary
Public is required to contact the Secretary of State by letter and
deliver within 30 days all notarial records and papers to the county
clerk in which their current oath of office is on file. Government Code
It is also the notary's responsibility to notify
the Notary Program Coordinator within 30 days of resignation.
D. The Department Chairs/Unit Head is responsible
for ascertaining whether notarial services need to be provided in the
department. Department Chairs/Unit Heads are responsible for clarifying
when and where the notary may notarize university business documents.
GUIDELINES FOR BECOMING A NOTARY PUBLIC
A. Applying for an Employee's Initial Appointment
as a Notary Public
The Chancellor, Vice Chancellor, Assistant Vice
Chancellor, or Department Head may approve in writing a request that the
Notary Program Coordinator assist in the process of application by a
University employee for a California Notary Public commission. Upon
receipt of a letter requesting that an employee become a University
Notary Public, the UC San Diego Notary Program Coordinator sends the
applicant a notary packet containing all the necessary instructions and
procedures to properly obtain a notary commission.
Applicant qualifications are listed in Government
1. As of January 1, 2005, all
Notary Public applicants were required by law to show evidence that they
satisfactorily completed a six-hour course of study (as approved by the
Secretary of State) and successfully passed the required examination. The required six-hour course is offered through The National Notary
Association (NNA) at 800-876-6827. The NNA holds one-day seminars in
the San Diego area regularly. The test is given at the end of each
2. Before your examination date
(preferably 1 to 2 weeks prior), contact the UCSD Notary Public
Coordinator located in Administrative Records so that he/she can have a
check prepared for the exam amount. On the examination date, the
applicant must provide a completed California Notary Public Application,
and the required examination fee, payable to the California Secretary of
State. In the Business Address section of the form, the applicant
should enter the name of the University office or department requesting
the appointment, in addition to all other pertinent information. Examination results are made available within 10 days following the
test. Applications of persons who pass the test are electronically
forwarded to the Secretary of State for processing.
3. Applicants who successfully pass
the exam should then submit fingerprints as part of the background check
process. First, inform the UCSD Notary Public Coordinator that you are
ready for fingerprinting, and the UC San Diego Notary Public Coordinator
will provide you with the proper completed form. You may then make an
appointment with the UC San Diego Police Department for fingerprinting. You may also view fingerprinting requirements online but contact the UC
San Diego Notary Public Coordinator to arrange for payment of the
fingerprinting fees if you utilize an outside agency.
4. The Secretary of State will
process the application form, including the background check, and send a
Commission Packet to approved individuals.
5. Within 30 days of the effective
date stated on the Commission documents, the individual must file an
oath and bond statement with the Clerk of the county in which the
appointee's workplace is located. Information on filing is available
online from the Secretary of State's office. (For the oath, see page 6
of the Notary Public Handbook).
6. UC San Diego employees
designated as University notary publics are bonded by the bonding agency
contracted by the University. To obtain evidence of bonding, the UC San
Diego Notary Public Coordinator will send a letter on behalf of the
employee (see Attachment B) along with a copy of the commission to the
designated bonding representative for the UC San Diego campus.
7. Upon receipt of the bond
document from the bonding company, the UC San Diego Notary Program
Coordinator will provide the applicant a letter certifying University
employment, to satisfy Section 8202.5 of the Government Code, which
exempts the University of California from payment of filing fees or
recording fees (see Attachment C).
8. Within 30 days of the effective
date stated on the Commission, the applicant must present the bond
document, the Commission letter, and the letter certifying University
employment to the Office of the County Clerk in which the University
office is located. The applicant must execute the oath of office in the
office of the County Clerk. The County Clerk will then file the bond
with the County Recorder. Failure to file within this period will void
the Commission and necessitate a new application.
B. Resignation of University Notary, Renewal of
Notary Public Appointment, Changes of Address, Revocation of Appointment
1. Generally, a notary commission
is the property of the notary public, regardless of who paid the fees. However, a notary commissioned on behalf of the state (including the
University of California) must resign his or her notary commission when
they terminate employment. It is the notary's responsibility to notify
the Secretary of State in writing of the resignation and to deliver,
within 30 days of that resignation all notary journals, records, and
papers to the county clerk's office where their current oath of office
and bond are on file, and to destroy the notary seal. It is also the
notary's responsibility to notify the Notary Program Coordinator,
located in the Administrative Records Department, within 30 days of
2. Section 8204 of the Government
Code specifies that the term of office of a notary public is for four
years commencing with the date specified in the commission. For any
reappointment after January 1, 2005, the applicant is required to
successfully pass the examination described in Sections III.A.1 and 2
3. The law requires that a notary
public notify the Secretary of State in writing, by certified mail,
within 30 days of any change of business or residence address. You are
also required within those 30 days to notify the UC San Diego Notary
Public Coordinator, Administrative Records, of any change of address,
whether it is a new department or a new mail code. The notification can
be a copy of the document that is sent to the Secretary of State and it
can be mailed without being certified directly through campus mail. Once
commissioned, a notary may perform notary services anywhere in
California. Statutes require that the original oath and bond be filed in
the county where the notary maintains his or her principal place of
business as shown in the application filed with the Secretary of State,
but are permissive as to whether or not a change in county of residence
must be recorded after the original oath and bond filing. Please refer
to Government Code Section 8213. There is no fee for processing address
change notifications. An address change notification should contain:
-the name of the notary exactly as it appears on the
-the commission number and expiration date of the
-whether the address change is for the business,
residence, and/or for mailing purposes; and
-the new business, residence, and/or mailing address.
The notification must be signed and dated by the
notary. The change of address may be submitted in letter form or, for
convenience, an address change form will be provided upon request.
4. The Secretary of State may refuse
to appoint any person as notary public or may revoke or suspend the
commission of a notary public for specific reasons. You may view these
specific reasons in Supplement II of the notary policy.
SUGGESTED SAMPLE LETTER
FOR PROCESSING OF APPLICATION FOR NOTARY PUBLIC
Office of the Secretary of State
Notary Public Division
P.O. Box 2071
Sacramento, CA 95810
Dear Sir or Madam:
Attached is an Application for Notary Public for (name)
_______________________. This Commission is being requested under
Section 8202.5 of the Government Code.
Please forward the Commission directly to
SAMPLE LETTER OF EMPLOYMENT CERTIFICATION
(To be filed with the oath and bond to avoid payment of fees
under GC'8202. 5)
EMPLOYMENT CERTIFICATION FOR NOTARY PUBLIC APPOINTMENT
This certifies that ___________________________________
appointed Notary Public for the State of California with Commission
dated_____________________________________ is an employee of the
University of California, an agency of the State, and that the
appointment is for the purposes of said agency.
It is understood that when this Certificate is filed by the
above-named appointee with any State or County Officer, no fees will be
charged by that office for filing or issuing any document in connection
with this appointment.
(Name and Title of Authorized Person)
REVOCATION OF COMMISSION
Section 8214.1 of the Government Code states the grounds for
refusal, revocation or suspension of a notary public commission. These
(a) substantial and material misstatement or omission in the
application submitted to the Secretary of State;
(b) conviction of a felony, a lesser offense involving moral
turpitude, or a lesser offense of a nature incompatible with the duties
of a notary public;
(c) revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct for dishonesty, or for any cause substantially
relating to the duties or responsibilities of a notary public;
(d) failure to discharge fully and faithfully any of the
duties or responsibilities required of a notary public;
(e) when adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or violation of the state regulatory laws or
in any suit based upon a failure to discharge fully and faithfully the
duties as a notary public;
(f) the use of false or misleading advertising wherein the
notary public has represented that the notary public has duties, rights,
or privileges that he or she does not possess by law;
(g) practicing law in violation of Section 6125 of the
Business and Professions Code;
(h) charging more than the fees prescribed by this chapter;
(i) commission of any act involving dishonesty, fraud, or
deceit with the intent to substantially benefit the notary public or
another, or substantially injure another;
(j) failure to complete the acknowledgment at the time the
notary's signature and seal are affixed to the document;
(k) failure to administer the oath or affirmation as
required by paragraph (3) of subdivision (a) of Section 8205;
(l) execution of any certificate as a notary public
containing a statement known to the notary public to be false;
(m) violation of Section 8223;
(n) failure to submit any remittance payable upon demand by
the Secretary of State under this chapter or failure to satisfy any
court-ordered money judgment, including restitution;
(o) failure to secure the sequential journal of official
acts, pursuant to Section 8206, or the official seal, pursuant to
(p) violation of Section 8219.5.
(q) Commission of an act in violation of Seciton
6203, 8214.2, 8225, or 8227.3 of the Government Code or of
Section 115, 470, 487, or 530 of the Penal Code.
(r) Willful failure to provide access to the
sequential journal of official acts upon request by a peace
UCSD/UCSDMC LIMITS ON NOTARY SERVICES
A. UC San Diego Notaries should not notarize any of
the following documents listed under Definitions. If a Campus Notary is
asked to perform notarial services for university business that relates
to the following requests, then the notary public must contact the
Notary Program Coordinator before granting service. This intent of this
procedure is to ensure the notary is complying with State regulations
and University policy. This policy does not extend to the other UC
B. These limitations shall not apply to UCSD
employees where condition of employment includes a Notary Public
commission as defined in the employee's position description.
C. UC San Diego Health Notary Publics shall not
provide services for the following notarial requests:
1. Will: A disposition or
declaration by which a person provides for the distribution of his
estate on death. The California Notary Public Handbook advises notaries
to decline to notarize wills and to refer the signer to an attorney. A
UCSD Notary Public may under no circumstances notarize wills of any
2. Mortgage: A legal document that
pledges a property to the lender as a security for payment of a debt.
3. Deed of Trust: A written
instrument legally conveying property to a trustee often used to secure
an obligation such as a mortgage or promissory note
4. Security Agreement: The contract
signed with a secured loan. The agreement indicates what property or
collateral can be taken should a default occur.
5. Quitclaim Deed: A quitclaim deed
transfers whatever ownership interests you have in the property. It
makes no guarantees about the extent of your interest.
6. Grant Deed: A grant deed
transfers your ownership and implies certain promises--that the title
hasn't already been transferred to someone else or been encumbered,
except as set out in the deed.
7. Foreclosure Document: Legal
documents of a process by which an owner's right to a property is
terminated, usually due to default. Typically involves a forced sale of
the property at public auction, with the proceeds being applied to the
8. Living Trust: A trust created for
the trustor and administered by another party while the trustor is still
alive. A living trust can be either revocable or irrevocable.
9. Deed of Reconveyance: A document
used to transfer legal title from the trustee back to the borrower after
a debt secured by a deed of trust has been paid in full.
10. Warranty Deed: General Warranty
Deed used to convey an interest in real estate. The General Warranty Deed guarantees that the title
conveyed is good and its transfer rightful.
11. Passports: A document issued by a
country to a citizen allowing that person to travel abroad and re-enter
the home country.
12. Homestead Declaration: A
homestead declaration is a legal document that claims and registers a
particular house as the owner's homestead. When the document is signed
by the owner and recorded in the county where the house is located, it
helps to protect the house against loss to creditors.
13. Identity Theft Documents: Identity theft occurs when an unscrupulous person gathers enough
information about you to successfully impersonate you online, by mail,
over the telephone, or in person. Documents relating to identity theft
can be complicated and if not handled correctly could create significant
legal exposure for UCSD; therefore UCSD and UCSDMC notaries must not
notarize these documents.