California Civil Code. California

Чтение книги онлайн.

СКАЧАТЬ 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 (E), 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, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security:

      (A) A passport issued by a foreign government.

      (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.

      (c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law.

      (d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.

      (e) A person convicted of perjury under this section shall forfeit any financial interest in the document.

      (Amended by Stats. 2015, Ch. 42, Sec. 1. Effective January 1, 2016.)

      1188. An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate pursuant to Section 1189.

      (Amended by Stats. 2013, Ch. 78, Sec. 1. Effective January 1, 2014.)

      1189. (a) (1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” This notice shall be legible.

      (2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).

      (3) A certificate of acknowledgment taken within this state shall be in the following form:

      A notary public or other officer completing this

      certificate verifies only the identity of the

      individual who signed the document to which this

      certificate is attached, and not the truthfulness,

      accuracy, or validity of that document.

      _____

      State of California ] _____

      County of ] _____

      _____ _____

      _____

      Onbefore me,

      (here insert name and title of the officer),

      personally appeared,

      who proved to me on the basis of

      satisfactory evidence to be the person(s) whose name(s) is/are

      subscribed to the within instrument and acknowledged to me that

      he/she/they executed the same in his/her/their authorized

      capacity(ies), and that by his/her/their signature(s) on the

      instrument the person(s), or the entity upon behalf of which the

      person(s) acted, executed the instrument.

      I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

      WITNESS my hand and official seal.

      Signature(Seal)

      (4) СКАЧАТЬ