Acting Without a Commission (Misdemeanor / Felony)

Government Code §8227.1 makes it a misdemeanor for any person without a valid, current California notary commission to represent themselves as a notary, advertise notarial services, or perform notarial acts in connection with general documents.

Government Code §8227.3 elevates the same conduct to a felony when the unauthorized notarial act involves a document affecting title to, placing an encumbrance on, or placing a security interest secured by a mortgage or deed of trust on real property consisting of a single-family residence with no more than four dwelling units.

This escalation applies equally to a person who was never commissioned and to a notary whose commission has expired or been revoked — anyone performing notarial acts without valid authorization on that category of real property faces felony exposure.

Exam Tip: One act, two very different outcomes depending solely on the document type. General document → misdemeanor. Real property (1–4 unit residential) → felony. The exam tests this split regularly, sometimes presenting the same person with two different documents to see if students can correctly classify each offense.