As a California notary, your role goes beyond simply witnessing signatures and affixing seals. You’re an essential part of the legal process, ensuring that documents are executed properly and legally binding. A key responsibility in this process is verifying and correcting notarial certificates, such as acknowledgments and jurats, when needed. But what happens when a client presents a document with outdated or incorrect notarial language? Can you charge extra for correcting or replacing this language? This blog explores the legal framework, industry standards, and best practices for California notaries in this situation.
What Are Acknowledgments and Jurats?
Before diving into the question of fees, it’s important to understand the difference between acknowledgments and jurats, as both are common notarial acts in California.
- Acknowledgment: This is a notarial act where the signer confirms that they willingly signed the document. It's typically used for legal documents like deeds, mortgages, and powers of attorney.
- Jurat: In a jurat, the signer swears or affirms that the statements in the document are true to the best of their knowledge. This is typically used for affidavits, oaths, and sworn statements.
Both acknowledgments and jurats require specific language according to California law. If the language on a document is incorrect or outdated, it can affect the validity of the notarization, and you may be asked to make corrections.
Legal Guidelines for Charging Fees as a California Notary
As a California notary, you're permitted to charge specific fees for your services, but the law sets clear boundaries. Let’s break down the legal framework for fees:
1. California Government Code Section 8211
This section governs the maximum fees a notary can charge. As of 2024, the maximum fee for performing a standard acknowledgment or jurat is $15. This fee is fixed for each notarial act and cannot be exceeded, regardless of the complexity or number of signers involved.
2. California Government Code Section 8211(d)
This provision allows notaries to charge additional fees for special services, such as travel fees, which must be disclosed to the client beforehand. These additional fees are separate from the standard $15 fee and must be reasonable and transparent.
Can California Notaries Charge Extra for Replacing or Correcting Notarial Language?
When it comes to charging fees for replacing or correcting incorrect acknowledgment or jurat language, things get a bit more nuanced. Here’s what you need to know:
1. Legal Perspective
California law doesn’t specifically address fees for correcting or replacing incorrect acknowledgment or jurat language. However, the general rule of thumb is that if a correction involves re-notarizing the document, you can charge an additional fee. This is especially true if the correction requires extensive work or if the document needs to be re-executed to meet legal standards.
That said, you cannot charge for basic administrative tasks, like adjusting wording in the certificate, if this doesn’t require re-notarization. Simply correcting language to match California’s statutory requirements may not justify an additional fee, as it falls within your usual responsibilities.
2. Industry Practices
Although the law doesn’t explicitly mention a fee for correcting acknowledgment or jurat language, many notaries do charge extra if the correction involves significant work. For example:
- Re-Notarization: If the original certificate has outdated or incorrect language, and you need to re-execute the document (i.e., witness the signer again and apply a new certificate), it’s common practice to charge an additional fee.
- Administrative Changes: If you’re just updating or correcting wording in the notarial certificate without re-notarizing the document, most notaries do not charge extra, as this is generally seen as part of their regular duties.
3. Ethical Considerations
As with any fee, transparency is key. If you do decide to charge for replacing or correcting the language, you must inform the client before performing the service. Be clear about the cost and explain why the additional charge is necessary. This prevents misunderstandings and ensures that you remain within ethical boundaries.
You must also adhere to the $15 maximum for each acknowledgment or jurat, ensuring that your fee does not exceed the limits set by the state.
Steps for Correcting Notarial Language in California
If you encounter a document with outdated or incorrect acknowledgment or jurat language, here are the steps you should follow:
1. Review the Document
The first step is to review the document thoroughly. Look at the acknowledgment or jurat language to determine if it conforms to California’s notarial standards. For example, the wording should be precise and include the correct references to California law. If the language is wrong, note exactly what needs to be corrected.
2. Communicate with the Client
If you identify an issue with the language, communicate with the client right away. Let them know that the language needs to be updated to conform to California law. Be transparent about the possible need for additional fees if re-notarization or extensive work is required. This is essential to ensure that the client understands the situation.
3. Make the Corrections
If you’re correcting the language without re-notarizing the document, simply update the certificate wording and ensure the correction meets California’s statutory requirements. If re-notarization is required, follow the proper notarial procedures again, ensuring the document is properly signed and executed.
4. Document the Changes and Fees
Lastly, document the changes made and any additional fees charged. Keep a detailed record in your notary journal. This is essential for both legal compliance and future reference, in case any questions arise regarding the notarization or the charges.
Conclusion: Charging Fees for Replacing Acknowledgment or Jurat Language
While California law does not explicitly address the question of charging fees for replacing or correcting acknowledgment or jurat language, there are guidelines and industry practices that can help clarify your role. You can charge extra if the correction requires re-notarization or involves significant work. However, you must always disclose any additional fees to the client upfront and remain within the state’s fee limits for notarial acts.
As always, your role as a notary public is to act with integrity and transparency. By understanding the legal framework and industry standards around notarial fees, you can confidently handle these situations and continue to provide top-notch service to your clients.
Key Takeaways for California Notaries:
- You can charge extra if re-notarization is required due to incorrect or outdated language.
- The maximum fee for a single acknowledgment or jurat is $15, as per California law.
- Always be transparent with clients about additional fees and ensure that they are notified in advance.
- Keep detailed records of all corrections and fees in your notary journal.
For more details on notarial fees and practices, refer to California Government Code Section 8211 and the California Secretary of State’s Notary Public Handbook.