9.4 Other Prohibited Acts
Key Takeaways
- A notary may not notarize a document with blank spaces or that is incomplete (Gov. Code § 8205)
- Backdating or future-dating a notarization is fraud — the certificate date must be the actual date
- The signer must personally appear; California has no general remote online notarization for standard commissions
- Maximum fees are $15 per acknowledgment/jurat signature, $30 for a deposition (plus $7 for the deposition certificate), and $15 to certify a copy of a power of attorney
- A notary may not lend their seal or journal, act after the commission expires, or act outside California
Incomplete Documents and Blank Spaces
Beyond conflicts of interest and the unauthorized practice of law, California law lists several other prohibited acts. The first is notarizing an incomplete document. A notary must refuse to notarize a document that contains blank spaces intended to be filled in later, because completing it after notarization invites fraud and forgery.
| Item | Rule |
|---|---|
| Material blank (amount, name, date in the body) | Refuse — cannot notarize |
| Partially completed form | Refuse until complete |
| Spaces the notary will fill (the certificate itself) | Acceptable |
| Signer says "I'll add the figure later" | Refuse |
If a signer says, "I'll fill in the dollar amount after you stamp it," the correct response is to decline until the document is complete.
Date Manipulation Is Fraud
The certificate date must always be the actual date the notarial act is performed.
- Backdating (writing an earlier date) is fraudulent, even if the signer pleads or claims they signed last week.
- Future-dating (writing a later date) is equally fraudulent.
- There is no "close enough" tolerance — one day off is still falsification of a public record.
A notary who knowingly enters a false date can face criminal liability and loss of commission. Tie this to the journal: the journal entry and the certificate must reflect the true date and time of the act.
Personal Appearance Is Mandatory
The signer (or, for a proof of execution, the credible witness) must personally appear before the notary at the time of the act. California's general notary commission does not authorize remote online notarization — the signer must be physically present.
- No notarization by telephone authorization.
- No notarization by live video conference under a standard commission.
- No notarizing a document someone else drops off claiming the absent signer "already signed."
Personal appearance lets the notary confirm identity, willingness, and awareness — the core safeguards of the office.
The California Statutory Fee Schedule
Charging more than the statutory maximum is a prohibited act and consumer-protection violation. California's fee caps are set by Government Code § 8211 and have not changed since 2016:
| Notarial act | Maximum fee |
|---|---|
| Acknowledgment or proof, per signature | $15 |
| Jurat (oath/affirmation + certificate), per signature | $15 |
| Administering an oath or affirmation (not part of a jurat), each | $15 |
| Taking a deposition | $30 total |
| Certificate to a deposition (the oath portion) | $7 |
| Certifying a copy of a power of attorney, per copy | $15 |
Key points: the $15 acknowledgment/jurat cap is per signature, not per document; a notary may charge less but never more; and a separately negotiated travel fee is not capped by the state but must be itemized apart from the notarial fee. Note that California notaries may only certify copies of powers of attorney and their own journal entries — not other documents.
Seal, Journal, and Authority Misuse
Other acts that draw discipline:
| Prohibited act | Why it is barred |
|---|---|
| Lending or surrendering your seal or journal to anyone | The seal and journal are personal to the notary |
| Performing acts after the commission expires | No authority to act |
| Performing acts outside California | Commission is geographically limited to the state |
| Failing to keep the sequential journal | Recordkeeping is mandatory under § 8206 |
| Destroying or losing the journal without reporting | Must be safeguarded and surrendered/reported per statute |
Worked Example
A real-estate signer is in a rush and asks the notary to (1) stamp a deed that still has the consideration amount blank, (2) date it for the prior Friday "so it matches the contract," and (3) accept a $40 fee "for the hassle." Every request is prohibited: the blank must be filled before notarizing; the date must be the true date; and the fee cannot exceed $15 per signature. The notary declines all three, completes the act only when the document is complete and properly dated, and charges the lawful fee.
Common Traps Tested
- Notarizing "just this once" with a blank to be filled later.
- Treating a one-day backdate as harmless rather than as fraud.
- Assuming video/phone notarization is allowed under a standard California commission.
- Charging a flat fee above $15 per signature, or thinking the cap is per document.
Refusing Service: When It Is Required vs. Prohibited
A notary must refuse when any of these is true: the document is incomplete, the signer is not present, the signer is not willing or aware, identity cannot be established, the notary has a disqualifying interest, or the requested act would be UPL or fraud. By contrast, a notary may not refuse service for unlawful, discriminatory reasons — for example, declining solely because of a customer's race, religion, national origin, or because the document is not in English. The distinction tested on the exam: refuse for legal-defect reasons, never for discriminatory reasons.
Recordkeeping Failures as Prohibited Acts
Failing to follow journal rules is itself a prohibited act. Under Government Code § 8206, the notary must keep one active sequential journal, record each act contemporaneously, and capture the signer's signature and required identification details. On commission expiry or resignation, the notary must deliver the journal to the county clerk within 30 days. Losing the journal or seal must be reported to the Secretary of State promptly. Treating the journal casually — sharing it, skipping entries, or backfilling later — converts a recordkeeping lapse into disciplinary exposure.
Quick Reference: Prohibited Acts Summary
| Act | Why prohibited |
|---|---|
| Notarizing a document with material blanks | Enables post-notarization fraud |
| Backdating or future-dating | Falsifies a public record |
| Notarizing without personal appearance | Defeats identity/willingness safeguards |
| Charging above the § 8211 caps | Consumer-protection violation |
| Lending the seal or journal | They are personal to the notary |
| Acting after expiration or outside California | No authority to act |
A signer presents a promissory note with the principal amount left blank, saying they will fill it in after notarization. What should the California notary do?
What is the maximum statutory fee a California notary may charge for an acknowledgment, per signature?
A signer asks the notary to write the previous Friday's date on the certificate so it matches a contract. What is the correct action?