Thread Topic: Golden State Notary DVD Video
Topic Originator: Joel Diaz
Post Date May 11, 2010 @ 3:25 PM |
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Joel Diaz
2 Posts
(downey, CA)
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Help, during the video section Q1 @ 4:30-4:40. Re: (Notary Stamp, Under the notary's control) if the notary willfully violates the law, Bruce says the notary can be fined $1,500.00 but the training manual book says $2.500.00 What’s the correct answer?
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Marian Harmon
271 Posts
(Lancaster, CA)
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I haven't seen the video, but the answer is always in the most recent handbook:
http://www.sos.ca.gov/business/notary/forms/notary-handbook-2010.pdf
The $2,500 fine refers to two CIVIL penalties, both of which are on page 33: failure to obtain a thumbprint when required and willful failure to produce a journal upon request to a peach officer. (Note: The thumbprint one is not "willful" -- it could apply even if you forget.)
Now, the one you're talking about is not one of those two things. The one you're talking about is this one:
"A notary public is guilty of a misdemeanor if the notary public willfully fails to keep his or her notary public seal under the notary public’s direct and exclusive control or if the notary public willfully surrenders the notary public’s seal to any person not authorized to possess it. (Government Code section 8228.1)"
Did you catch that? Misdemeanor? That means violating GC 8228.1 is a CRIMINAL offense. There is no monetary amount attached to violating 8228.1 that I can find in the handbook, but that doesn't mean one doesn't exist... and I won't even begin to guess what the criminal penalties might be.
However, the "Catch all" fine that will apply will probably be the $750 one for "Failure to discharge fully and faithfully any of the duties or responsibilities required of
a notary public." From what I've read, it could go higher.
Perhaps the vendors get a better reference sheet that we get in the handbook? I know the education vendors tend to get memos that others don't get.
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marc h
7 Posts
(highland, CA)
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what does it mean "willfully fails to keep his or her notary public seal under the notary public's direct and exclusive control ..."? does that mean if i leave it on my desk and turn around to grab a jurat certificate from the files behind me that i have willfully failed to keep my stamp in my control? just a thought i have had time to time.
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Marian Harmon
271 Posts
(Lancaster, CA)
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Well, state law requires that your journal and seal remain "locked and secured" unless you're using them, and then under your control.
Page 7 of the current handbook reads, "The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public..."
If you've got somebody sitting at your desk, you leave your seal on the desk and then turn around...well, this person could, conceivably swipe your seal and take off. In that case, sure... you could possibly get in to trouble because you didn't keep control of your seal or maintain it in a locked or secured manner.
Now, if somebody wrestles it from your hand or points a gun at you, that's clearly not something you can control. So, think of it this way... always control the situation. Leave your seal in your locked drawer until you're ready to use it. Or, get a pocket seal and keep it in your pocket. There are plenty of ways to keep control.
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