California

Government Code – GOV § 8209

GOV § 8209. Disposition of notarial records and papers; Liability for refusal to deliver

(a) If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file. If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction.

(b) In the case of the death of a notary public, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.

(c) After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court.


History

Enacted Stats 1943 ch 134. Amended Stats 1955 ch 244 § 4; Stats 1959 ch 1970 § 8; Stats 1969 ch 45 § 1; Stats 1977 ch 1009 § 13; Stats 1982 ch 1543 § 4.


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