Online Notary Course  for California


Part C. 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. California Government 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.
California Government 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.
California 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 section 8214.3(b).

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.

They are:
Substantial and material misstatement or omission in the application submitted to the California Secretary of State to become a notary public.

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 conviction.

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 California 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 notary public.

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 California 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 8219.5.

Commission of an act in violation of California Government Code sections 6203 (delivery of a certificate known to be false), 8214.2 (willful fraud in connection with a deed of trust), 8225 (soliciting as notary public to perform a known improper notarial act), or 8227.3 (non-notary 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), 470 (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.


Table of Contents

Home Page

Next Page►



◄Previous Page               Next Page►


Copyright © Online Notary Course for California.
All rights reserved. Revised: 01/02/12.