Article 3 - Recognition of Notarial Acts

California Government Code — §§ 8232-8232.4

Sections (5)

Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.

For purposes of this article, the following definitions apply:

(a)“Foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

(b)“Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this state, another state, or a foreign state or under federal law.

(c)“Notarial officer” means a notary public or other individual authorized to perform a notarial act.

(d)“Notary public” means an individual commissioned to perform a notarial act.

(e)“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(f)“State” 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.

§ 8232.1

Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.

(a)A notarial act performed in another state shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:

(1)A notary public of that state.

(2)A judge, clerk, or deputy clerk of a court of that state.

(3)Any other individual authorized by the law of that state to perform the notarial act.

(b)(1) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the

signature is genuine and that the individual holds the designated title.

(2)The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act.

§ 8232.2

Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.

(a)A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe is performed by any of the following:

(1)A notary public of the tribe.

(2)A judge, clerk, or deputy clerk of a court of the tribe.

(3)Any other individual authorized by the law of the tribe to perform the notarial act.

(b)(1) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(2)The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act.

§ 8232.3

Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.

(a)A notarial act performed under federal law shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:

(1)A judge, clerk, or deputy clerk of a court.

(2)An individual in military service or performing

duties under the authority of military service who is authorized to perform notarial acts under federal law.

(3)An individual designated a notarizing officer by the United States Department of State for performing notarial acts.

(4)Any other individual authorized by federal law to perform the notarial act.

(b)(1) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(2)The signature and title of a notarial officer described in paragraph (1), (2), or (3) of subdivision (a)

conclusively establish the authority of the officer to perform the notarial act.

§ 8232.4

Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.

(a)If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state.

(b)If the title of office and indication of

authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(c)The signature and official stamp of an individual holding an office described in subdivision (b) are prima facie evidence that the signature is genuine and the individual holds the designated title.

(d)An apostille in the form prescribed by the October 5, 1961, Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention), and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer

holds the indicated office.

(e)A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.