The following terms and conditions are comprised of State regulations and Avery Notary policy. This is by no means an exhaustive document and is subject to change without notice.

General guidelines and policies for Avery Notary

Fees for notarial acts are regulated by the State of California. However, mobile fees are not regulated by the State.

Only debit and credit cards are accepted. To book an appointment, the client will be charged a non-refundable $15 dollar booking fee. Without payment of this fee, no appointment has been made. This fee will not be returned, even if the notarial act cannot be performed. This booking fee is a deposit against the complete mobile fee, not part of the notarial fee whatsoever. Click Here to use our fee estimate calculator.

Requests for notarial records will be delivered within 15 days according to State law. These requests must be in writing via email at averynotarycalifornia@gmail.com

The process for notarization with Avery Notary is as follows: The client will contact the notary via email or telephone at which time the notary will pre-interview the client regarding documents, signers, identification, and other circumstances. After an appointment is agreed upon, Avery Notary will send the client a confirmation invoice for $15 to set the appointment. Once the payment is sent, the appointment is set. During the appointment, the notary will ask for identification of the signers (or witnesses) and review the documents for signature lines and completeness. At that time, the notary will send another invoice to the client for the full payment of all fees. Only after such payment is made will the notary administer any oaths, record the notarial act, and affix the seal.

For the safety of our notary and clients, after hours notarizations will take place at designated locations only. Those locations are still subject to the mobile fee which is calculated from the Bakersfield Sign in Bakersfield, CA.

Identification

When completing a certifcate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document (Civil Code sections 1185(a), 1189, Government Code section 8202). If these documents or credible witnesses cannot be produced, the notarial act cannot be performed. Identity is established if the notary public is presented with satisfactory evidence of the signer’s identity (Civil Code section 1185(a)).

Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual they claim to be and (A) identifcation documents or (B) the oath of a single credible witness or (C) the oaths of two credible witnesses under penalty of perjury, as specifed below:

The notary public can establish the identity of the signer using identifcation documents as follows:

There is reasonable reliance on any one of the following forms of identifcation, provided it is current or was issued within 5 years:

• An identifcation card or driver’s license issued by the California Department of Motor Vehicles;
• A United States passport;
• An inmate identifcation card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in California state prison;
• Any form of inmate identifcation issued by a sheriff’s department, if the inmate is in custody in a local detention facility.

There is reasonable reliance on any one of the following forms of identifcation, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number:

• valid consular identifcation document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship;
• Driver’s license issued by another state or by a Canadian or Mexican public agency authorized to issue driver’s licenses;
• >An identifcation card issued by another state;
• >A United States military identifcation card (caution: current military identifcation cards might not contain all the required information);
• An employee identifcation card issued by an agency or office of the State of California, or an agency or ofce of a city, county or city and county in California.
• An identifcation card issued by a federally recognized tribal government.

Documents

A notary public may only certify copies of powers of attorney under Probate Code section 4307 and their notary public journal (Government Code sections 8205(a)(4), 8205(b)(1), and 8206(e)). Certifed copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)

Documents written in a foreign language can be notarized. All other notarial conditions must be met (i.e.: the completeness of the document and the establishing of identity). At this time, Avery Notary only speaks, reads, and understands English and Spanish, so the signer(s) and witnesses must be able to do the same in order to answer the notarial questions. No interpreters (including family members) are allowed.

California notaries public are authorized under current law to perform notarizations on documents electronically as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public. For more information as to how this would be performed, please contact Avery Notary.

When preparing a jurat, the person requesting the jurat must appear before the notary, take an oath, and sign the document in the presence of the notary. When preparing a certificate of acknowledgment, the document can be executed before the person brings it to the notary for notarization. In an acknowledgment, the signer must personally appear before you and acknowledge that the signer executed the document, not that the signer executed the document in the presence of the notary. For both a jurat and an acknowledgment, the notary public must certify to the identity of the signer. (Civil Code section 1189 and Government Code section 8202)

Limitations

A notary public must not issue a confidential marriage license unless the notary public is approved by the county clerk having jurisdiction. (Family Code section 530) Avery Notary is not licensed to perform marriages or issue marriage certificates.

Pursuant to Government Code section 8203.6, no fees shall be collected by notaries public appointed to military and naval reservations in accordance with 8203.1; Pursuant to Elections Code section 8080, no fee shall be collected by notaries public for verifying any nomination document or circulator’s affidavit; Pursuant to Government Code section 6106, no fee shall be collected by a notary public working for a public entity for services rendered in an affidavit, application, or voucher in relation to the securing of a pension; Pursuant to Government Code section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit; and Pursuant to Government Code section 8211(d) no fee can be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials.

Having stated thus above, all previous examples are still subject to the Avery Notary mobile fee.

Overnight appointments over 10 miles will be charged the full mobile fee before confirming the appointment.

California notaries cannot perform Remote Online Notarizations (RONs).

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