Understanding California's 2023 Notary Public Handbook (Part 2)

In the previous article, we examined notes that stood out to me in the categories of the timeline of the application, the locations in which a notary may practice, and the location of the relevant codification in the California Government code. This is the continuation of the evaluation of the California Notary Public Handbook, a tool written to assist in the interpretation of the various Codes that impact the work of a notary public in California.

Note 4: The Notary Seal

The next section in the Handbook covers the Notary Public Seal. I think, many years ago when I first considered going into notary work, this next section is what deterred me.

The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person.

The first part of the section is what worried me most; the second part was confusing to me at the time. Up until 2021, I had almost always lived in a shared, rented space. I had somehow gotten the idea in my head that "a locked and secured area, under the direct and exclusive control" meant that I needed a safe that was bolted to the ground. Looking back at what I had imagined and reading the text again today, I really don't know why that was my interpretation. You bet I'm calling my past self pretty silly for going to that mental extreme.

The second part of that section, where the seal "must not be surrendered to an employer," also didn't make sense. At the time, I hadn't had the experience of a job that would reimburse employees for expenses. I would have been 30 at the time, but hadn't gotten my first full time job until 28, and even then, it wasn't really a job that encouraged outside of work learning until they got acquired by a larger company. Even then, if there had been a notarial program, I don't think our position would have been eligible.

Note 5: Embossing

My next highlighted note is still in the Notary Seal section

...notaries public may use an embosser seal in addition to the rubber stamp

In some of the materials I've read, there seems to be a focus on the phrase "photographically reproducible." In noting in Part 1 how there were so few rules and guidance surrounding notarial work until the 1990s, coupled with the knowledge of how long it takes to get governmental code adjusted, this makes me wonder how many states might still not have the requirement for the seal to be "photographically reproducible." I wonder when this was codified in California? While I feel a little late to the game in this notary world, continuing to evaluate, document, and share my findings, I am curious to look back and see how things change over the next few years.

Specifically in regards to embossing; In my recollection, I have never used an embosser. I do not intend to start my commission off with an embosser. However, I think it is a type of certification that could be appreciated by some who want to have a more ceremonial feel to the notarization of their documents. Offering a serious, solemn signing experience is something I would not be opposed to providing.

Note 6: Exception to using a seal

This is the second area of the Handbook where I have notes that require some follow. This whole section can be an article in itself once I do that research and get the answers. What is highlighted is

The law allows for a limited exception when a notary public may authenticate an official act without using a notary public seal.

This really caught my attention! It is quite specific in what materials this applies to

Because subdivision maps usually are drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgements for California subdivision map certificates may be notarized without the official seal.

The questions I have include the following:

• What ARE these maps made out of?
• What prevents an embossed seal from being used in conjunction with the described signature and dating outlined?
• What else is that material used for?
• What is the workflow for notarized maps?

I clearly have much to learn about this specialized section of notarizations.

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This is the end of Part 2 of a multi-part series of articles on my notes and impressions of the California 2023 Notary Public Handbook.

Part 1 can be found here; Understanding California's 2023 Notary Public Handbook (Part 1)

Part 3 will be available within the week.

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