Cal. Civil Code § 1189 : Transfer — California Civil Code — Property — Recording Transfers — Proof And Acknowledgment Of Instruments — Certificate of acknowledgment

Current through the 2016 Legislative Session

(a)

(1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." This notice shall be legible.

(2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).

(3) A certificate of acknowledgment taken within this state shall be in the following form: ---------------------------------- |A notary public or other officer | |completing this | | | |certificate verifies only the | |identity of | |the | |individual who signed the | |document to which | |this | |certificate is attached, and not | |the | |truthfulness, | |accuracy, or validity of that | |document. | ----------------------------------

State of California )

County of___________ )

On______________________________________before me,

(here insert name and title of the officer),

personally appeared_____________________________,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)

is/are

subscribed to the within instrument and acknowledged to me that

he/she/they executed the same in his/her/their authorized

capacity(ies), and that by his/her/their

signature(s) on the

instrument the person(s), or the entity upon

behalf of which the

person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________ (Seal)

(4) A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.

(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.

(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.

(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed.

Ca. Civ. Code § 1189

Amended by Stats 2014 ch 197 (SB 1050),s 1, eff. 1/1/2015.

Amended by Stats 2007 ch 399 (AB 886),s 2, eff. 1/1/2008.

Amended by Stats 2005 ch 295 (AB 361),s 1, eff. 1/1/2006