10.2 Name and Address Changes

Why the Secretary of State Must Always Know Where You Are

Your commission is a public office, and the Secretary of State (SOS) must be able to reach you for renewal notices, complaints, and audits. Government Code section 8213.5 governs address changes, and it is one of the most heavily tested administrative rules on the exam because it carries a specific deadline, a specific delivery method, and a specific penalty.

Address Changes — The 30-Day Rule

If the location or address of your principal place of business or residence changes, you must notify the SOS within 30 days. The notice is not casual:

1. Send it by certified mail or another physical-delivery service that provides a receipt — email or a phone call does not satisfy the statute.
2. State your old and new address and your commission number.
3. Keep the delivery receipt as proof you met the deadline.

Penalty trap: Willful failure to notify the SOS of an address change is an infraction punishable by a fine of up to $500. Note the classification — it is an infraction, not a misdemeanor. (Failing to deliver your journal is the misdemeanor; do not confuse the two.)

Principal Place of Business Rules

The key nuance: a P.O. box is acceptable for mail only if you also give the SOS a physical California street address as your principal place of residence or business.

County Considerations

Moving your principal place of business to a different county still triggers the 30-day address notice. Your oath and bond are filed with a specific county clerk, so a cross-county move can require re-filing your oath and bond with the new county clerk and updating your records accordingly. Treat a county move as both an address change (SOS) and a county-clerk filing matter.

Name Changes — Amend, Then Re-Seal

A legal name change (marriage, divorce, court order) does not automatically change your commission. You must:

1. Apply for an amended commission through the SOS, providing your new legal name.
2. File a new oath and an amendment to your bond with the county clerk after the SOS issues the amended commission.
3. Obtain a new seal that exactly matches the amended name.

Until the amended commission is issued, you keep using your existing seal and existing name — you do not unilaterally re-seal. Using a seal with a name that does not match your commission on file is improper and can invalidate the notarization.

Exam Tip: Address change = 30 days by certified mail/receipt (infraction, $500). Name change = amended commission + new oath/bond + new matching seal.

Keep These Current

Worked Scenarios

Scenario A — Moving across town

You move your home office from one street to another in the same county. This is an address change: notify the SOS within 30 days by certified mail (keep the receipt). No new seal is needed because your name and the county shown on the seal are unchanged.

Scenario B — Marriage and a new last name

You marry and legally take a new surname. You do not instantly re-seal. You first apply to the SOS for an amended commission in the new name; once issued, you file a new oath and a bond amendment with the county clerk and then order a seal that matches the amended name. Until then, you keep using your existing seal and name.

Scenario C — Relying on a P.O. box

You want only a P.O. box on file for privacy. That fails: a P.O. box or commercial mail-receiving agency cannot be your sole principal place of business or residence. You must also give the SOS a physical California street address; the box may be used for mail in addition to that street address.

Common Traps

• Wrong delivery method: Reporting an address change by email or phone does not satisfy GC 8213.5 — it must be certified mail or another receipt-providing physical delivery.
• Confusing the penalties: Address-change failure is an infraction ($500); journal-delivery failure is a misdemeanor. The exam mixes these to trip you up.
• Self-re-sealing on a name change: Ordering a new-name seal before the SOS amends the commission produces a seal that does not match the commission on file — improper and potentially invalidating.
• Ignoring the county filing: A county move is both an SOS address notice and a county-clerk oath/bond matter.

Bottom Line

The SOS cannot regulate a notary it cannot find. Report address changes inside 30 days with a receipt (infraction and up to $500 if you willfully don't); never rely on a P.O. box alone; and never re-seal under a new name until the SOS has formally amended your commission.