How to become a notary public in California

Eligibility · course · examination · background check · oath and bond

1. Eligibility

Government Code section 8201 sets five requirements: be a legal resident of the State of California, be at least 18 years of age, satisfactorily complete an approved course of study, pass the written examination, and pass a background check.

Two things people expect to see here and will not find: there is no citizenship requirement (legal residency in California is what counts), and there is no educational requirement — the "course of study" means the approved notary course, not a diploma. Citizenship is required only for notaries appointed to a military or naval reservation.

2. The approved course of study

Everyone being appointed takes a six-hour approved course, no matter how many commissions they have held in the past. A three-hour refresher substitutes only for a current commission holder who applies for the new commission before the existing one expires. Let the commission lapse and the full six hours are required again, even if you completed six hours for the previous term.

The Secretary of State approves the courses and publishes the list of vendors offering them. An approved course covers everything the examination tests.

3. The examination

The examination is 45 multiple-choice questions in 60 minutes, administered by CPS HR Consulting on behalf of the Secretary of State, and requires a scaled score of 70 to pass. It is proctored and closed-book. Every question is based on California law as set out in the Notary Public Handbook the Secretary of State publishes — the same booklet the statute names as the source of exam content.

Bring the completed application with the proof-of-completion certificate stapled to it, a 2" × 2" colour passport photograph, and a $20 check to the exam site. Test results are valid for one year. To avoid a gap between commissions, sit the exam at least six months before your current one expires.

4. Fingerprints and the background check

Every applicant submits Live Scan fingerprints to the California Department of Justice, which forwards them to the FBI, on every application — including reappointment without a break. The Secretary of State also subscribes to subsequent arrest notification, so arrests after appointment are reported.

Disclose everything. All convictions must be disclosed, including convictions dismissed under Penal Code section 1203.4 or 1203.4a, and all arrests for which trials are pending. There is no time limit — a conviction from twenty-five years ago is still disclosable. Failure to disclose is itself a ground for denial, independent of whatever was concealed, and it is the avoidable mistake that costs applicants their commission.

5. Oath and bond — the 30-day trap

Once the commission is issued, you have 30 calendar days from the beginning of the term to take and file the oath of office and file a $15,000 surety bond with the county clerk of the county where you maintain your principal place of business.

The commission does not take effect until both are filed, and no exception is made for mail delays, county clerk processing delays, or any other reason. Miss it and the commission is void; you start over with a new appointment.

The bond is not insurance for you. It is a limited source of funds for paying claims against you, and you remain personally liable for the full damages and may have to reimburse the bonding company.

6. After you are commissioned

• Statewide practice. You may notarize anywhere in California, not only in the county where the oath was filed. The venue on the certificate names the county where the signer appeared.
• Seal and journal. You must have and use a seal, and keep one active sequential journal, both under your direct and exclusive control. Neither is ever surrendered to an employer, whoever paid for them.
• Address changes. Report any change of business or residence address to the Secretary of State within 30 days, by a delivery method that provides a receipt. Willful failure is an infraction with a fine of up to $500.

7. Renewal

A commission runs four years. Reappointment requires passing the examination again as well as completing an approved course, so unlike most professional licences this one renews on a test rather than on hours. The reappointment commission issues 30 days before the current one expires if every requirement has been met — and the 30-day oath and bond clock then starts again for the new term.

8. Costs

• Examination and application fee: $20 per attempt
• Approved course: varies by vendor
• Live Scan fingerprinting: varies by site
• $15,000 surety bond premium: varies by surety
• County filing fee and seal: varies

Fees are subject to official announcements from the California Secretary of State.