January 7, 2008 Source:
WorkInjury.com
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Beware: Current Compromise and Release Language Violates New Notary Laws
AB 886 went into effect January 1, 2008 and changed many of the laws applicable to notaries.
Among the changes, "personally known" as a basis for the notary taking an acknowledgment is no longer allowed.
Thus, the compromise and release form currently provided by the WCAB (which specifically states in the notary section at the bottom of page 3 "... personally ... known to me to be the person(s) whose name(s) is/are subscribed to the within Instrument...") is no longer legal.
In fact, a notary executing such an acknowledgement is now subject to a civil penalty of up to $10,000 in an administrative action brought by the Secretary of State or a public prosecutor.
Also, the new laws require that the notary sign under penalty of perjury - which is also missing from the current C&R forms in circulation.
Therefore, if you use the current Compromise and Release form and have it executed by a notary (rather than 2 witnesses which, naturally, is the simplest way around this problem), be sure to alter the language of the notary's portion to read exactly as follows:
State of California ) County of ___________ ) On __________ before me, (here insert name and title of the officer), personally appeared __________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________(Seal)
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