California Government Code 8231.8 – (a) In performing an online notarization, a notary public …
(a) In performing an online notarization, a notary public authorized to perform online notarizations shall verify the identity of a principal by satisfactory evidence that meets the requirements of this subdivision and the rules and regulations adopted by the Secretary of State.
(1) For purposes of this subdivision, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable notary public to believe that the principal is not the individual that the principal claims to be and all of the following:
Terms Used In California Government Code 8231.8
- 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
- Credential: means a government-issued record evidencing an individual's identity that satisfies the requirements of paragraph (3) or (4) of subdivision (b) of §. See California Government Code 8231.1
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 8231.1
- Electronic online notarial certificate: means the part of, or attachment to, an electronic record that is completed by the notary public authorized to perform online notarization and contains both of the following:
California Government Code 8231.1
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See California Government Code 8231.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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 platform: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
- Principal: means an individual, other than a credible witness pursuant to §. See California Government Code 8231.1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. 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
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(A) Remote presentation of a credential by the principal.
(B) Credential analysis of the credential described in subparagraph (A).
(C) Identity proofing of the principal described in subparagraph (A).
(2) For purposes of this subdivision, “satisfactory evidence” does not include the definition of “satisfactory evidence” set forth in § 1185 of the Civil Code.
(3) Any record of a credential transmitted pursuant to this subdivision shall be retained no longer than necessary to do both of the following:
(A) Verify the identity of the principal.
(B) Make an entry in an electronic journal pursuant to subdivision (b) of Section 8231.5.
(b) The notary public and the online notarization platform shall encrypt all audio-video communication and shall take reasonable steps to ensure that the audio-video communication used in an online notarization is secure from unauthorized interception.
(c) The electronic online notarial certificate shall include a notation that the notarization is an online notarization. An electronic online notarial certificate shall be in the following form:
(1) For an acknowledgment:
| 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 __________________________
Online Notarial Act
On ______________, 20____, before me, __________________________________(here insert name and title of officer), personally appeared _______________________________ by means of audio-video communication, who represented to me that he/she/they was/were physically located in _________________________, and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within electronic record 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 electronic record the person(s), or the entity upon behalf of which the person(s) acted, executed the electronic record.
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.
| Electronic Seal Electronic Signature |
(2) For a jurat:
| 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 __________________________
Online Notarial Act
Subscribed and sworn to (or affirmed) before me this ____ day of _____, 20__, by ____________________________________, who represented to me that he/she/they was/were physically located in ___________________________, and proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me by means of audio-video communication.
| Electronic Seal Electronic Signature |
(d) (1) The notice shown in paragraphs (1) and (2) of subdivision (c) is for illustrative purposes and the format shall comply with § 1189 of the Civil Code or § 8202 of the Government Code, as applicable.
(2) Nothing in this section shall be construed to require the inclusion of the principal’s physical location at the time of the online notarial act in the electronic notarial certificate as a condition of recording or acceptance under California law.
(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)