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WHAT’S A TANGIBLE DOCUMENT CERTIFICATION? A MOBILE NOTARY EXPLAINS
In preparation for allowing CA notaries to do on-line notarizations sometime in 2030 or later, a new law came into effect in January of 2025.
ARTICLE 1. Under general duties section:
27201.1.
Since on-line notarizations are allowed for vendors working outside of CA, it may come to be that a document such as a real estate document needs to be notarized in CA. So, lets say a mortgage company in CA has access to an online electronic record, prints this out for the client, then wants a notary to certify that document printed is an accurate reproduction of the electronic record. This is legal now in CA to have a notary certify for the agency who has access to the document electronically, a printed copy of that document provided the certification substantially is in the following form:
Certification of a Printed Copy of an Electronic Record
I hereby certify that the attached instrument entitled document title, if applicable, dated document date, and containing page count pages is an accurate reproduction of an electronic record printed by me or under my supervision. At the time of printing, I had access to the electronic record displaying intact tamper-evident security procedures. No security procedures used on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the completion of the electronic record’s creation, execution, or notarization.
I am not a grantee, beneficiary, or otherwise a person who directly benefits from the attached instrument or electronic record.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs are true and correct.
Dated: ______
Name: ______
Signature: ______
(2) A certification made by a disinterested custodian pursuant to this subdivision is separate and distinct from a certified copy issued by a recorder for purposes of Sections 1530 and 1531 of the Evidence Code. The disinterested custodian shall so identify the certification according to the form required by paragraph (1).
(b) The recorder shall accept for recording a tangible copy of an electronic record bearing electronic signatures and containing a certificate in the form required by subdivision (a) as a certified copy of an original pursuant to subdivision (b) of Section 27201 provided that the electronic record is otherwise an instrument or notice that is authorized or required to be recorded and the tangible copy satisfies the requirements of subparagraph (A) of paragraph (1) of subdivision (a) of Section 27201.
(c) A tangible copy of an electronic record, once copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian.
(d) For purposes of this section, “electronic record,” “electronic signature,” and “security procedure” have the same meaning as in Section 1633.2 of the Civil Code, and “disinterested custodian” means a person who has access to an electronic record displaying intact tamper-evident security procedures and who is not the grantee, beneficiary, or otherwise a person who directly benefits from the electronic record.
A tangible document is just a physical copy of an electronic record, and the disinterested party is a person or company that does not have an interest in the attached instrument or electronic record.
So, next time you need a signature notarized by a licensed, professional who follows the laws, call Steve the San Diego Mobile Notary for all your notarization needs! 619-904-4510.