One Storefront, Several Licenses: Notary, DMV Paperwork, Taxes and Insurance

In much of Latin America a notario is a trained lawyer. In California a notary public is not, and that one difference has cost a lot of families money. The same storefront may offer notary stamps, tax returns, DMV forms and car insurance under one sign. Some of those offices are excellent. But a credential for one job does not cover the others, so check each one.

Insurance: a license you can check in two minutes

Insurance Code section 1631 says a person may not solicit, negotiate or effect contracts of insurance unless they hold a valid license from the Insurance Commissioner authorizing them to act in that capacity. That covers the person quoting you and the agency they work for.

What usually works: ask for the license number, look it up on the Department of Insurance's license search, and confirm that the policy exists by contacting the insurance company named on your card through the company's own website. Get a receipt for every payment that shows the policy number. If the person cannot give you a license number, do not pay until they can.

Notary public: what the sign must say

Government Code section 8219.5 applies to a notary who is not an attorney and advertises notary services in a language other than English. That notary must post, in English and in the other language:

• The statement "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters."
• The fees a notary is allowed to charge by statute.

The same section prohibits literally translating "notary public" into Spanish as "notario público" or "notario." The Secretary of State must suspend or revoke the commission of a notary who breaks these rules. A notary's job is identifying signers and witnessing signatures — not choosing your forms or advising you on what to file.

DMV paperwork services

A business that handles registration paperwork for customers acts as a registration service, which the DMV licenses. Vehicle Code section 11405 lets the DMV refuse, suspend or revoke that license for reasons including fraud and false statements in the paperwork it submits. A registration service is a convenience; many transactions can be done directly with the DMV.

Tax returns

Paid tax preparers in California work under the state's Tax Preparation Act (Business and Professions Code section 22250 and following), which has its own registration rules. If your ITIN application or tax return goes through an office, ask what credential the preparer holds before you hand over your passport.

Before you hand over money or documents

Red flags

• An office that keeps your original passport or consular card "to finish the file."
• Cash only, and no receipt with a policy number.
• An insurance card printed at the counter that names no insurance company.
• Anyone at a notary or insurance counter offering advice about your immigration case.
• Pressure to sign today, before you have read the documents or had someone you trust read them to you.

If you want a quote from a licensed broker whose license you can check first, start here.