(a) A notary public authorized to perform online notarization and physically located in this state may perform an online notarization that meets the requirements of this article and the rules and regulations adopted by the Secretary of State pursuant to this article for a principal who is located in any of the following places:

(1) Within this state.

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Terms Used In California Government Code 8231.4

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Audio-video communication: means being able to see, hear, and communicate with another individual in real time using electronic means in a manner that conforms to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. See California Government Code 8231.1
  • Audio-video recording: means a recording of the audio-video communication of an online notarial act required by Section 8231. See California Government Code 8231.1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 8231.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notarial act: means the performance of an act by an individual that is authorized under the laws of this state, including acts described in Sections 8202, 8205, this article, and Sections 1185 and 1195 of the Civil Code. See California Government Code 8231.1
  • Online notarization system: means the computer hardware and software that enable a notary public to do both of the following:

    California Government Code 8231.1

  • Principal: means an individual, other than a credible witness pursuant to §. See California Government Code 8231.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • United States: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 8231.1

(2) Outside this state but within the United States.

(3) Outside the United States if the act is not prohibited in the jurisdiction in which the principal is physically located at the time of the act.

(b) (1) A requirement under any law of this state that a principal appear before or in the presence of the notary public shall be satisfied by appearing by means of audio-video communication before a notary public authorized to perform online notarization in compliance with the requirements of this article and the rules or regulations adopted by the Secretary of State pursuant to this article.

(2) Audio-video communication with a notary public authorized to perform online notarization shall consist of continuous, synchronous audio and video feeds with adequate clarity such that all participants can be clearly seen and understood at all times. The notary public shall terminate the session if, in the notary public’s judgment, the adequacy of communications is insufficient for all participants to be clearly seen and understood at all times.

(3) The notary public, by use of the online notarization system, shall create the audio-video recording required by Section 8231.6.

(c) A requirement under Section 8205 that a certificate of acknowledgment or proof, or a deposition, affidavit, oath, or affirmation, or certification of a copy, be signed in the notary public’s own handwriting, is satisfied by the notary public’s electronic signature if the notarial act is performed by online notarization.

(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)

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