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NOTARIAL FUNCTIONS OF THE CITY CLERK OPINION 86-4
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NOTARIAL FUNCTIONS OF THE CITY CLERK OPINION 86-4
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Last modified
1/3/2012 1:31:36 PM
Creation date
7/20/2010 8:44:33 AM
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Legal Opinions
Description
NOTARIAL FUNCTIONS OF THE CITY CLERK AND PROCEDURAL RECOMMENDATIONS
Date
9/24/1986
Agency
Clerk of the Council
Notes
OPINION 86-4 (TAB 5)
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OFFICE OF THE CITY ATTORNEY <br />SUBJECT: <br />REQUESTED BY: <br />PREPARED BY: <br />QUESTION: <br />ANSWER: <br />ANALYSIS: <br />OPINION NO. 86-4 <br />September 24, 1986 <br />~ ,, <br />Notarial Functions of the City Clerk <br />and Procedural Recommendations <br />Janice C. Guy <br />City Clerk/Clerk of the Council <br />Edward J. Cooper, City Attorney <br />Tomson T. Ong, Deputy City Attorney <br />Whether the appointed City Clerk or her <br />deputies may acknowledge instruments made <br />within the City of Santa Ana? <br />Yes. <br />The Clerk of the Council (City Clerk) is empowered to <br />acknowledge an instrument made before her within the bondaries <br />of the City of Santa Ana. California Civil Code Section 1181 <br />provides in pertinent part: <br />"The proof or ackn <br />ment may be made before <br />place within the state, <br />city and county in this <br />cer specified below was <br />before either: <br />owledgement of an instru- <br />a notary public at any <br />or within the county or <br />state in which the offi- <br />elected, or appointed, <br />7. A city clerk ." <br />In the case of a deputy city clerk, the acknowlegement by such <br />deputy is taken in the name of his principal. See, California <br />Civil Code Section 1184; Muller v. Boggs, 25 Cal. 175 (1864). <br />This implies that the deputy ought not acknowledge an instrument <br />executed by the principal because under the above authorities, it <br />would seem that the principal would be acknowledging her own <br />signature or execution. <br />
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