Recording an online-notarized document in Santa Clara County, California

The recording office

Office

Santa Clara County Clerk-Recorder's Office, Recording Division

Official website

clerkrecorder.santaclaracounty.gov/recording-documents/recording-real-estate

Address

110 West Tasman Drive, 1st Floor, San Jose, CA 95134

Phone

(408) 299-5688

eRecording

unknown

Remotely notarized documents

The county's recording page doesn't mention remote online notarization or eRecording. It requires every document, including the notary seal, to be legible and photographically reproducible (Gov. Code §§ 27201, 27361.6, 27361.7, 8207).

Recording Division hours: Monday to Friday, 8:00 a.m. to 4:30 p.m. Recording questions: recording@rec.sccgov.org. The property must be in Santa Clara County, and documents must be submitted with the proper fees and taxes.

California online notarization rules

Can California notaries notarize online? Not yet (law passed, not in effect). SB 696 (Stats. 2023, ch. 291), the Online Notarization Act. Per the CA Secretary of State, the online-notarization provisions become operative when the SOS completes its technology project or by January 1, 2030, whichever is earlier.

Maximum fee for a remote notarization: Remote notarization not yet implemented.

Online notarizations from other states: California recognizes notarial acts performed by notaries of other states, but its remote online notarization framework is not yet in effect. Cal. Civ. Code §§ 1182, 1189, &1193 and Cal. Gov't Code § 8232.1 Our check: Cal. Gov. Code § 8232.1 (effective Jan 1, 2024) gives a notarial act performed in another state the same legal effect as a California notarization.

Full details, with statute citations: online notarization in California.

What you'll need to record it

1. The notarized document itself. An online notarization produces an electronic document. If you record on paper, you'll need a paper copy; ask the Santa Clara County Clerk-Recorder's Office, Recording Division what it accepts.
2. Recording fees. Fees are set by the county and state and change; check the current fee schedule on the official Santa Clara County Clerk-Recorder's Office, Recording Division site before you submit.
3. Any required state forms for your document type (for example, transfer or property-tax forms for deeds). The county site lists what it requires.
4. Confirmation the recipient accepts it. The receiving office or party decides whether to accept a remotely notarized document. If unsure, call the office before your notary session.

This page combines facts from the county's official site with California's rules as summarized on our state page. It is not legal advice.