Reasons for Commission Revocation or Suspension, or Application Denial
Notary public applicants must disclose on their application all arrests
for which trials are pending and all convictions.
Code section 8201.1 and
8201.5. The California Secretary of State can
deny an application for failing to disclose any convictions, either
felonies or misdemeanors, including convictions dismissed under
California Penal Code sections 1203.4 or 1203.4a.
Code section 8214.1(a)
If the California Secretary of State either denies an application or
proceeds to revoke or suspend the commission of a notary public, the
person affected has a right to a hearing on the matter.
Government Code section 8214.3. However, there are two exceptions. The
first exception occurs when the California Secretary of State already
has denied an application or revoked or suspended a commission in a
proceeding within the previous year.
California Government Code section
8214.3(a). The second exception is if a notary publicís commission has
already expired, and after a proceeding in which the person had an
opportunity for a hearing, the California Secretary of State makes an
order that there were or were not grounds for revoking or suspending the
notary publicís commission for misconduct.
California Government Code
Even if a notary publicís commission has expired or the notary public
has resigned, if the notary public has committed acts that could be
grounds for suspension or revocation of the commission, the California
Secretary of State can still go ahead with an investigation or
disciplinary action following the expiration or resignation of a
commission. California Government Code section 8214.4
The reasons the California Secretary of State may refuse to appoint
someone to act as a notary public or revoke or suspend a notary publicís
commission are found in California Government Code section 8214.1.
Substantial and material misstatement or omission in the application
submitted to the California Secretary of State to become a notary
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. A conviction after a plea of nolo contendere is deemed to be a
Revocation, suspension, restriction, or denial of a professional
license, if the revocation, suspension, restriction, or denial was for
misconduct based on dishonesty, or for any cause substantially relating
to the duties or responsibilities of a notary public.
Failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
When adjudicated liable for damages in any suit grounded in fraud,
misrepresentation or for a 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.
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.
The practice of law in violation of
California Business and Professions
Code section 6125.
Charging more than the allowable maximum statutory fees.
Commission of any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit the notary public or another, or
substantially injure another.
Failure to complete the acknowledgment at the time the notary publicís
signature and seal are affixed to the document.
Failure to administer the oath or affirmation as required by
Government Code section 8205(a)(3).
Execution of any certificate as a notary public containing a statement
known to the notary public to be false.
Violation of California Government Code section 8223. This section of
the California Government Code primarily makes it illegal for someone
holding himself or herself out as an immigration specialist or
immigration consultant to advertise in any way that he or she is a
Failure to submit any remittance payable upon demand by the California
Secretary of State or failure to satisfy any court-ordered money
judgment, including restitution.
Failure to secure the sequential journal of official acts, pursuant to
California Government Code section 8206, or the official seal, pursuant
to California Government Code section 8207, or willful failure to report
the theft or loss of the sequential journal, pursuant to
Government Code section 8206(b).
Translating ďnotary publicĒ into Spanish or advertising in a language
other than English in violation of
California Government Code section
Commission of an act in violation of
California Government Code sections
6203 (delivery of a certificate known to be false),
fraud in connection with a deed of trust),
8225 (soliciting as notary
public to perform a known improper notarial act), or
placing encumbrance on real property single family residence); or of
California Penal Code sections 115 (knowingly filing false or forged
document placing an encumbrance on single family residence),
(forgery), 487 (grand theft), or
530.5 (willfully obtaining personal
information of another for criminal purposes).
Willful failure to provide access to the sequential journal of official
notarial acts upon request by a peace officer.