Section 8213 Of Chapter 3. Notaries Public From California Government Code >> Division 1. >> Title 2. >> Chapter 3.
8213
. (a) No later than 30 days after the beginning of the term
prescribed in the commission, every person appointed a notary public
shall file an official bond and an oath of office in the office of
the county clerk of the county within which the person maintains a
principal place of business as shown in the application submitted to
the Secretary of State, and the commission shall not take effect
unless this is done within the 30-day period. A person appointed to
be a notary public shall take and subscribe the oath of office either
in the office of that county clerk or before another notary public
in that county. If the oath of office is taken and subscribed before
a notary public, the oath and bond may be filed with the county clerk
by certified mail. Upon the filing of the oath and bond, the county
clerk shall immediately transmit to the Secretary of State a
certificate setting forth the fact of the filing and containing a
copy of the official oath, personally signed by the notary public in
the form set forth in the commission and shall immediately deliver
the bond to the county recorder for recording. The county clerk shall
retain the oath of office for one year following the expiration of
the term of the commission for which the oath was taken, after which
the oath may be destroyed or otherwise disposed of. The copy of the
oath, personally signed by the notary public, on file with the
Secretary of State may at any time be read in evidence with like
effect as the original oath, without further proof.
(b) If a notary public transfers the principal place of business
from one county to another, the notary public may file a new oath of
office and bond, or a duplicate of the original bond with the county
clerk to which the principal place of business was transferred. If
the notary public elects to make a new filing, the notary public
shall, within 30 days of the filing, obtain an official seal which
shall include the name of the county to which the notary public has
transferred. In a case where the notary public elects to make a new
filing, the same filing and recording fees are applicable as in the
case of the original filing and recording of the bond.
(c) If a notary public submits an application for a name change to
the Secretary of State, the notary public shall, within 30 days from
the date an amended commission is issued, file a new oath of office
and an amendment to the bond with the county clerk in which the
principal place of business is located. The amended commission with
the name change shall not take effect unless the filing is completed
within the 30-day period. The amended commission with the name change
takes effect the date the oath and amendment to the bond is filed
with the county clerk. If the principal place of business address was
changed in the application for name change, either a new or
duplicate of the original bond shall be filed with the county clerk
with the amendment to the bond. The notary public shall, within 30
days of the filing, obtain an official seal that includes the name of
the notary public and the name of the county to which the notary
public has transferred, if applicable.
(d) The recording fee specified in Section 27361 of the Government
Code shall be paid by the person appointed a notary public. The fee
may be paid to the county clerk who shall transmit it to the county
recorder.
(e) The county recorder shall record the bond and shall thereafter
mail, unless specified to the contrary, it to the person named in
the instrument and, if no person is named, to the party leaving it
for recording.