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Frequently we are asked about the process to resign a notary commission or to not seek reappointment.

Tuesday, August 27, 2019

Categories: Frequently Asked Questions

Comments: 2

To Not Seek Reappointment or to Resign Early

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Not Seeking Reappointment

For the Notary who does not wish to apply for reappointment, there is no action to take with the Secretary of State’s office if you allow your commission to expire. Your commission will automatically expire at midnight on the expiration date. However, within 30 days of expiration you do need to turn in your journal(s) to the County where you filed your oath and bond and destroy your notary seal.

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Resigning Your Commission

Should a Notary wish to resign a commission prior to the expiration date, it will be necessary to send written notification to the Secretary of State’s office. The letter must include:

  1. a statement indicating desire to resign your commission,
  2. the full name as it appears on your commission,
  3. your commission number,
  4. and your official signature.

Additionally, within 30 days you must turn in your journal(s) to the County where you filed your oath and bond and immediately destroy your notary seal.

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  • Statutory References
    • If a notary public wishes to resign the commission or allows the commission to expire and has not obtained reappointment within 30 days after the expiration of the commission, then the notary journal and other notarial records must be delivered to the county clerk within the next 30 days, even if a notary public has applied for reappointment. Willful failure to deliver the notary journal and other notarial records to the county clerk within the appropriate time is a misdemeanor, and the notary public is personally liable for damages to any person injured by the non-delivery. (California Government Code section 8209(a).)

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  1. Michael Metzler Michael Metzler After a notary public has received acceptance of resignation, how long does the acceptance acknowledgement receipt need to be kept? Saturday, April 11, 2020
  2. The author There is no time limit for keeping the receipt. A good business practice would be to keep the receipt until the end date of the Commission.

    The only time requirement is delivery of your journal(s) to the county of record within 30 days.
    Monday, August 10, 2020
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