AB1977 - Notaries public.

Enrolled August 21, 2026 Passed IN Senate August 17, 2026 Passed IN Assembly August 19, 2026 Amended IN Senate May 27, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1977 Introduced by Assembly Member Irwin February 13, 2026 An act to amend Sections 8201, 8201.2, 8205, 8207, 8207.2, 8214.1, 8231.1, 8231.2, 8231.3, 8231.4, 8231.5, 8231.6, 8231.7, 8231.8, 8231.9, 8231.10, 8231.11, 8231.12, 8231.14, 8231.15, 8231.17, and 8231.18 of the Government Code, relating to notaries public. LEGISLATIVE COUNSEL'S DIGEST AB 1977, Irwin. Notaries public. Existing law authorizes the Secretary of State to appoint and commission notaries public. Existing law requires a notary public who holds a California notary public commission, when applying for reappointment, to have completed a 3-hour refresher course of study prior to reappointment. This bill would also require the applicant to have satisfactorily completed a written examination prescribed by the Secretary of State, as specified. Existing law establishes the duties of a notary public, which include taking the acknowledgment or proof of specified legal documents, taking depositions and affidavits, administering oaths, and certifying copies of powers of attorney. Existing law requires a notary, in performing these duties, to give a certificate of proof or acknowledgment, endorsed or attached to the instrument, signed by the notary in their own handwriting. This bill would authorize a notary to instead sign with their electronic signature when performing these duties. The bill would require the electronic signature to include an image of the notary public’s handwritten signature and would allow that electronic signature to be kept on a storage device or online media that is accessed by the notary public with a secure means of multifactor authentication and protection, as prescribed. Existing law requires the Secretary of State to issue a permit with a sequential identification number to each manufacturer or vendor authorized to issue notary seals, and authorizes the Secretary of State to establish a fee for issuing the permit. This bill would instead require the fee to be $100. Existing law, the Online Notarization Act, establishes a framework for authorizing and regulating online notarizations that become operative after the Secretary of State completes a technology project necessary to implement those provisions no later than January 1, 2030, unless further delayed, as specified. After completion of the technology project, the Online Notarization Act authorizes an applicant for a commission as a notary public to apply for registration with the Secretary of State to perform online notarizations and establishes requirements for application and qualification and for performing online notarizations. The act requires a notary public to record each online notarial act performed by the notary public in one tangible sequential journal and one or more secure electronic journals. The act authorizes a person or entity to apply for registration with the Secretary of State to be an online notarization platform or depository, and establishes requirements for application and for conducting business as an online notarization platform or depository. The Online Notarization Act requires an applicant for registration to perform online notarizations to have satisfactorily completed a specified 2-hour course of study approved by the Secretary of State concerning the functions and duties of a notary public authorized to perform online notarizations. This bill would require the Secretary of State to review the course of study proposed by any vendor to be offered pursuant to those provisions. The Online Notarization Act requires a notary public’s electronic signature to include an image of the notary public’s handwritten signature. This bill would require the signature to match the notary public’s handwritten signature on their official oath, as specified. The Online Notarization Act limits the fee amounts that a notary public may charge for taking the acknowledgment of a deed or other instrument and for administering an oath or affirmation to one person and executing the jurat, as specified. This bill would prohibit a notary public from charging a fee for these services unless the online notarial act is completed. The bill would authorize a notary public to charge a technology fee for a terminated online notarial act session if the termination is due to one of specified reasons, and would limit that fee to the actual and reasonable cost incurred by the notary public for the use of the online notarization platform. The Online Notarization Act requires a person or entity to apply for registration with the Secretary of State to be an online notarization platform or depository on an application for registration that includes specified information. The act authorizes the Secretary of State to charge a fee for an application for registration. This bill would require the person or entity to apply annually thereafter for renewal of registration during the applicable time period, as specified. The bill would authorize an online notarization platform or depository, if there has been no change in the information in the last filed application for registration, to advise the Secretary of State that no changes in the required information have occurred during the applicable filing period. The bill would require an online notarization platform or depository to file an updated application for registration whenever any of the information required in the application is changed, and would require the Secretary of State to charge a fee of $50 to file an updated application. The bill would require the Secretary of State to charge a fee of $5,000 for an initial application for registration and a $1,000 fee for a renewal of registration. The Online Notarization Act requires an online notarization platform or depository, if certain events occur, to notify each notary public that used the online notarization platform or depository at least 30 days before the event, including if the online notarization platform ceases to provide an online notarization system or depository for use within California. This bill would require the online notarization platform or depository to also notify the Secretary of State at least 30 days before those events by submitting the notice electronically through the Secretary of State’s web portal. The bill would require the Secretary of State to post information on its internet website demonstrating that a notarization platform or depository is registered with the Secretary of State to perform online notarization, as specified. The bill would make other technical, conforming, and nonsubstantive changes to the provisions regulating notaries public. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 8201 of the Government Code is amended to read: 8201. (a) Every person appointed as notary public shall meet all of the following requirements: (1) Be at the time of appointment a legal resident of this state, except as otherwise provided in Section 8203.1. (2) Be not less than 18 years of age. (3) For appointments made on or after July 1, 2005, have satisfactorily completed a six-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public. (4) Have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of the office of notary public. All questions shall be based on the law of this state as set forth in the booklet of the laws of California relating to notaries public distributed by the Secretary of State. (b) (1) Each applicant for notary public shall provide satisfactory proof that they have completed the course of study required pursuant to paragraph (3) of subdivision (a) prior to approval of their appointment as a notary public by the Secretary of State. (2) An applicant for notary public who holds a California notary public commission, and who has satisfactorily completed the six-hour course of study required pursuant to paragraph (1) at least one time, shall provide satisfactory proof when applying for reappointment as a notary public that they have satisfactorily completed a three-hour refresher course of study and the written examination required by paragraph (4) of subdivision (a) prior to reappointment as a notary public by the Secretary of State. SEC. 2. Section 8201.2 of the Government Code is amended to read: 8201.2. (a) The Secretary of State shall review the course of study proposed by any vendor to be offered pursuant to paragraph (3) of subdivision (a) and paragraph (2) of subdivision (b) of Section 8201 and subparagraph (B) of paragraph (1) of subdivision (b) of Section 8231.3. If the course of study includes all material that a person is expected to know to satisfactorily complete the written examination required pursuant to paragraph (4) of subdivision (a) of Section 8201, the Secretary of State shall approve the course of study. (b) (1) The Secretary of State shall, by regulation, prescribe an application form and adopt a certificate of approval for the notary public education course of study proposed by a vendor. (2) The Secretary of State may also provide a notary public education course of study. (c) The Secretary of State shall compile a list of all persons offering an approved course of study pursuant to subdivision (a) and shall provide the list with every booklet of the laws of California relating to notaries public distributed by the Secretary of State. (d) (1) A person who provides notary public education and violates any of the regulations adopted by the Secretary of State for approved vendors is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation and shall be required to pay restitution where appropriate. (2) The local district attorney, city attorney, or the Attorney General may bring a civil action to recover the civil penalty prescribed pursuant to this subdivision. A public prosecutor shall inform the Secretary of State of any civil penalty imposed under this section. SEC. 3. Section 8205 of the Government Code is amended to read: 8205. (a) It is the duty of a notary public, when requested: (1) To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notary’s employment with the financial institution. (2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary public’s own handwriting or with the notary public’s electronic signature. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete. (3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary public’s own handwriting or with the notary public’s electronic signature. (4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary public’s own handwriting or with the notary public’s electronic signature. (b) The electronic signature of a notary public under paragraphs (2), (3), and (4) of subdivision (a): (1) Shall include an image of the notary public’s handwritten signature, which shall match the notary public’s handwritten signature on their official oath required under subdivision (a) of Section 8213. (2) May be kept on a storage device or online media that is accessed by the notary public with a secure means of multifactor authentication and protected by, at minimum, security requirements as set forth by the Secretary of State. The notary public shall not allow another person to access or use the notary public’s electronic signature. The notary public shall take all reasonable steps to protect the notary public’s electronic signature from unauthorized disclosure, access, or use. (c) It shall further be the duty of a notary public, upon written request: (1) To furnish to the Secretary of State certified copies of the notary’s journal. (2) To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of State’s office for information relating to official acts performed by the notary. SEC. 4. Section 8207 of the Government Code is amended to read: 8207. (a) A notary public shall provide and keep an official seal, which shall clearly show, when embossed, stamped, impressed or affixed to a document, all of the following: (1) The name of the notary public. (2) The Great Seal of the State of California. (3) The words “Notary Public.” (4) The name of the county where the bond and oath of office of the notary public are filed. (5) The date the notary public’s commission expires. (6) The notary public’s commission number. (7) The sequential identification number assigned to the manufacturer or vendor of the notary public’s electronic seal. (b) The official notarial seal may be circular and not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edge border, and shall contain the information required in subdivision (a). (c) A notary public shall authenticate with the official seal all official acts. A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter. A notary public shall not use the title “notary public” except for the purpose of rendering notarial service. (d) For a tangible seal, the seal of every notary public shall be affixed by a seal press or stamp that will print or emboss a seal which legibly reproduces under photographic methods the required elements of the seal. The seal shall be kept in a locked and secured area, under the direct a [Text truncated for display. Full text available on Congress.gov.]