Notary Public law 2017, California. Consular Identification.

Now it is easier for a person that does not have a California ID,  driver license, or passport stamped by immigration to get a document notarized.  A document issued by your consulate issued within the last 5 years or passport is enough.  The section 1185 of the California Civil Code.

Part b refers to “satisfactory evidence” and number 3 list the documents that can be presented to the officer.  Here it is part of that law:

CIVIL CODE – CIV

DIVISION 2. PROPERTY [654 – 1422]

  ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )

PART 4. ACQUISITION OF PROPERTY [1000 – 1422]

  ( Part 4 enacted 1872. )

TITLE 4. TRANSFER [1039 – 1231]

  ( Title 4 enacted 1872. )

CHAPTER 4. Recording Transfers [1169 – 1220]

  ( Chapter 4 enacted 1872. )

ARTICLE 3. Proof and Acknowledgment of Instruments [1180 – 1207]

  ( Article 3 enacted 1872. )

1185.  

(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument.

(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following:

(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:

(i) The person making the acknowledgment is the person named in the document.

(ii) The person making the acknowledgment is personally known to the witness.

(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.

(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4).

(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document.

(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph.

(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true.

(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years:

(A) An identification card or driver’s license issued by the Department of Motor Vehicles.

(B) A passport issued by the Department of State of the United States.

(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison.

(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility.

(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number:

(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport* from the applicant’s country of citizenship.

(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses.

(C) An identification card issued by a state other than California.

(D) An identification card issued by any branch of the Armed Forces of the United States.

(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state.

(F) An identification card issued by a federally recognized tribal government.

The acceptance of the mica, or matricula consular from the Consulate of Mexico, will eliminate the need for witnesses when a signer does not have any of the accepted US identification cards. The matricula consular is useful in the United States only for illegal aliens, since legal immigrants, by definition, have U.S. government-issued documents, as mentioned by the Center for Immigration studies.

*Notary.net wrote: the bill “eliminates the requirement that a valid passport from the applicant’s country of citizenship be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security.”

 

 

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Sergio Musetti, Mobile Notary Public, Carmichael Apostille service, Sacramento County Spanish Translation

About Sergio Musetti

Mobile Notary Public business, certified signing agent, Spanish translation interpreting, fingerprinting, Apostille service in California. Apostilla y traduccion. Loan Signing agent with National Notary Association since 2003 http://CaliforniaApostille.us http://WestSacramentoNotary.com
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