Frequently Asked Questions

NOTARY PUBLIC FAQS

1. What is a Notary Public?

A Notary Public is an official of integrity appointed by the secretary of state — to serve the public as an impartial witness in performing various official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations or notarial acts. Notaries are publicly commissioned as "ministerial" officials, meaning they are expected to follow written rules without exercising significant personal discretion, as would otherwise be the case with a "judicial" official.

2. What does a Notary do?

A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under oath, declaring under penalty of perjury that the information contained in a document is true and correct.

3. Why are Notaries and notarizations necessary?

Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they're signing and that they're a willing participant in the transaction.

4. How does a Notary identify a signer?

Generally, a Notary will ask to see a current ID with a photo, physical description, and signature. Acceptable IDs usually include a driver's license or passport.

5. What a Notary is Not?

Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge, or high-ranking official. A U.S. Notary is different from a Notario Publico, and these differences can be confusing for immigrants when they approach Notaries in this country. Notaries in the United States should be clear about what they can or cannot do to serve immigrants correctly and steer clear of notario issues.

6. What are the acceptable IDs? 

Every signer must be identified through one of the identification documents or other methods listed in California Code 1185[b].

A. A California driver’s license or nondriver’s ID

B. A U.S. passport (or passport card)

C. An inmate identification card issued by the California Department of Corrections and Rehabilitation if the inmate is in prison or any form of inmate identification issued by a sheriff’s department if the inmate is in custody in a local detention facility

D. A driver’s license or official nondriver’s ID issued by a U.S. state*

E. A Canadian or Mexican driver’s license issued by an appropriate public agency*

F. A U.S. military ID*

G. A valid foreign passport from the applicant’s country of citizenship*

H. An employee ID issued by an agency or office of the state of California or a California city, county, or city and county*

I. An identification card issued by a federally-recognized tribal government*

J. A valid consular identification document issued by a consulate from the applicant’s country of citizenship that meets specific requirements (see #3 below)*

K. The oath or affirmation of one credible witness personally known to the Notary and identified through statutorily prescribed ID cards or the oath or affirmation of two credible witnesses not personally known to the Notary and identified through statutorily prescribed ID cards

All of the identification documents listed above must be current or issued within the past 5 years in order to be accepted by California Notaries. IDs listed above marked with an asterisk (*) must also contain an identifying number and the bearer's photograph, signature, and physical description. 

7. Not all consular IDs are acceptable

California Notaries may accept ID cards issued by foreign consulates as proof of a signer’s identity — but there are some restrictions. In order to be accepted, the consular ID must be current or issued in the past 5 years; have a serial or identification number; and contain the signature, photograph, and description of the bearer. It’s important to note that the “matricula consular” IDs issued by Mexican consulates do not meet these requirements and cannot be accepted as satisfactory evidence of a signer’s identity in California.

APOSTILLE FAQS

1. What is an Apostille, and what is its purpose?

An Apostille is a certificate that authenticates the signature of a public official on a document for use in another country. An Apostille certifies:

• the authenticity of the signature of the public official who signed the document,

• the capacity in which that public official acted, and

• when appropriate, the identity of the seal or stamp which the document bears, e.g., a notary public seal.

The Apostille does not validate the contents of the document.

2. I have a birth or death certificate issued in California. For which public official's signatures can the California Secretary of State issue an Apostille?

For birth and death certificates, the California Secretary of State can issue an Apostille for the signatures of:

• county clerks and their deputies,

• county recorders and their deputies, and

• the State Registrar 

If your birth or death certificate was issued by a city- or county-level agency and has the signature of a Health Officer or County Registrar (e.g. Local Registrar, Registrar of Vital Records) prior to presenting it to our office for authentication, one of the following may be required:

• Have that birth or death certificate certified by the county clerk’s office in the county in which it was issued, or

• Obtain a certified copy of that birth or death certificate from the county recorder or the State of California Department of Public Health.

The signature, name, and title of the public official can be found at the bottom of a birth or death certificate.

3. Can I get an Apostille for a territory within the United States, e.g. Puerto Rico?

No. Apostilles can only be issued for documents to be used outside the United States of America. Accordingly, we do not issue Apostilles for Puerto Rico, Guam, United States Virgin Islands, Northern Mariana Islands, American Samoa, or any other American territories or possessions. Generally, the notarial act is sufficient for use in any American territory or possession.

4. Does the California Secretary of State provide notarial services?

No. If notarial services are needed, you should have the document notarized prior to submitting your Apostille request to the California Secretary of State.

5. Can the California Secretary of State issue an Apostille for a document in a language other than English?

Yes. If the notarization of the document is in English, the California Secretary of State can issue an Apostille. The rest of the document can be in any other language.

6. Does the California Secretary of State provide translation services?

No. If the notarization of the document is in English, the California Secretary of State can issue an Apostille. The rest of the document can be in any other language.