However, the sentence at the end of the Acknowledgement tends to bug me also: (“I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.”) After all, I AM A WASHINGTON STATE NOTARY subject to Washington notary laws.
I see it added to preprinted certs a lot, even those coming out of companies located within Florida, so I firmly believe someone saw that language and said “Louis, I like that! We know that regular folks routinely make written statements involving similar wording that do not have to be notarized.
NOTE THAT ITALICS & BOLD DO NOT SHOW ON NR POSTS, BUT 2 b is the appropriate clause. (2) (b) Note italicized & boldfaced portion: Civil Code § 1189.
(a) (1) Any certificate of acknowledgment taken within this state shall be in the following form: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)(2) A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000).
An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
I don't know of any state that will not take an ACK from another state. I don't cross out anything, I had a TC chew me out once for writing on their docs. “ So I had a stamp made that say's California Compliant Certificate Attached.
I replied no I won't, unless you can show me written proof that the property will not record unless I do.” Venue for the notarial certificate, but leave that “under penalty of perjury” statement alone. IMO it's not that big a deal.
It would probably be perjury in any state to make false statements, but CA, being what it is, feels a need to add it to their language. From reading this board, IMO it could be a recording issue to strike it out, so I don't.
Someone has a problem with that, I'll just direct them to the “full faith and credit” provision of the United States Constitution. You have no obligation to me, but based on your handling of the California notary certificate, I gather I could persuade you to voluntarily send me $20 a month.
This ensures that an out-of-state transaction cannot fall apart (from the notary's standpoint) because the cert wasn't compliant for the other state. NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience.
Notaries often ask the ANNA if they can notarize signatures when visiting a different state or a foreign country. We’ve prepared this guide to help answer your questions about notarizing in other states or nations.
Certain individuals may hold special commissions from the federal government to notarize overseas. Also, officers of the foreign service of the United States, and consular agents at U.S. embassies and consulates, are authorized under federal law to notarize documents abroad.
Currently, 24 states have enacted permanent statutes authorizing qualified Notaries to perform remote online notarization (RON). However, when performing a RON, the Notary must always be physically present in the commissioning state during the notarization.
Before performing such a notarization, the Notary must be sure to comply with all requirements of the state's emergency order. Also, the Notary must be sure that any such a remote notarization is performed within the permitted time period under the emergency order.
Some jurisdictions allow individuals to apply for a Notary commission in more than one state. For example, a New Jersey resident who has an office in New York could hold a New Jersey Notary commission and a New York Notary commission, authorizing the person to notarize in both states.
To help California Notaries carry out their essential task, here is a step-by-step procedure to perform a proper notarization: Under California law, every signer must personally appear before you at the time of the notarization.
A few states permit the personal appearance requirement to be satisfied by webcam over the internet. Personal appearance also allows you to complete other steps in a proper notarization.
[Note: The wording on all documents being filed in California must match exactly what is mandated by the state. If you are completing an acknowledgment for a document going out of state, you may use wording that does not match California’s acknowledgment as long as the wording does not require you certify that the signer holds a particular representative capacity.
C. Glean key information (such as the document title) for entering in your journal. Properly verifying your signer’s identity is the essential duty of every Notary when executing an acknowledgment or Surat.
Credible identifying witnesses who know the signer well enough to verify their identity. However, credible identifying witnesses must present an ID from the list mentioned above.
Unlike most other states, California does not permit Notaries to rely on their personal knowledge of signers to verify their identities. At this point, you should check that your signer is acting independently and is aware of what’s going on.
This can easily be accomplished by a simple conversation with a few basic questions. While not stipulated in state law, it is a recommended standard of practice.
To determine their awareness, the recommended practice is to make a layperson’s, commonsense judgment about the signer’s ability to understand what is happening. These details are helpful in case a document or notarization is called into question.
Finally, make sure you sign and affix your seal on the certificate properly. Michael Lewis is Managing Editor of member publications for the National Notary Association.
Today, we are focusing on confusing and unfamiliar documents that notaries are requested to notarize. Please remember that this is a document that I will soon sign, so I am NOT providing legal advice.
At any rate, it’s a perfect example of the kinds of documents notaries have to deal with in the real world. I marked up the example document (Beneficiary of DNA Information) with colors.
If a person brings me a handwritten statement that says “I AM MARY JONES AND I LIKE STRAWBERRY ICE CREAM!” I can notarize it, as long as it will be signed by the individual named Mary Jones, the person can be identified, and a few other things can take place. In other words, a notary may consider notarizing any document presented as long the situation will meet the points listed below.
We strongly encourage notaries to verify that all of these points apply to their laws as part of their self-education process. Please take a moment to understand this valuable point: Documents are notarized using the same steps each time.
An individual other than the notary will sign in the notary’s presence (or has already signed) the document being notarized and will make the following verbal ceremony The notary must be able to lawfully identify the signer (whether by identification documents, personal knowledge, or credible witness(BS)) as required by the notary’s state law.
If the signer isn’t capable, the notary should decline to notarize. If there are blanks, the signer (not the notary) must fill them in so that the document is complete.
However, the blanks highlighted in green will cause confusion because they are in an unexpected place. It sort of looks like the notary should complete it, but it mentions the “witness.” This document is one of the worst I have seen–and, the space for the first witness signature seems to be an error–the language seems wrong.
The person who needs this document notarized wants me to help fill it out. The signer completes the blanks that appear in the body of the document.
Where a document seems to have an error in the middle of it, the notary should be very careful mentioning this–we can ’t advise signers. If it is really an issue, encourage the signer to contact the recipient to discuss the document.
For instance, in this case, the signer should probably reach out to the genealogy DNA website to express concern about the problems that seem to exist. There is no hiring party involved to review your work, so don’t assume you know better than the drafter of the document.
If the signer is confused, encourage him or her to read the text near the blanks aloud to figure out what is desired. If all else fails, suggest the signer contract the person or company who will be the ultimate recipient of the document.
And, I definitely understand wanting to be paid for an assignment, but sometimes, you MUST walk away if the signer won’t accept that you cannot tell them how to complete blanks or another unlawful action is requested of you. Helping your signers complete blanks in documents isn’t one of your duties.
Once you resolve any blanks left in the document by having the signer complete them, focus on the notary certificate because THAT’S what YOU need to handle properly. We only check ID and notarize documents presented to us, as long as they meet the criteria established in Item #1 above.
The notary should not make that judgment call or answer questions for the signer about witnesses. More common questions that are asked by notaries in a case like the one we are looking at today follow.
I personally handle it like this: if the witness’s name is stated in the notarial certificate, there’s no question. The witness must be identified by the same standards as signers are handled since I am signing and sealing my certificate that says I saw Mr.
Just between us, I’d prefer not to use a spouse or relative of the principal signer as a witness on anyone’s document. But, I am not an attorney and if my notary laws don’t require me to avoid family members as witnesses, I cannot impose my beliefs on a signer.
You must learn where your laws are and how to rely on them as well as your state’s notary public offices. The distribution of wrong information about notary practices on social media is alarming, so play it safe and go to your top source every time.
As to how the witness must sign, it’s not really our concern for all the reasons mentioned in answer to Item #3. The way this document is set up, the blanks do not appear to be a notary problem.
However, I see piles of notary certificates that are not constructed properly. There’s no name of a signer, date of signing, or even any basic notarial language.
As stated above, a lawful notarial certificate must be present before a notary can perform a notarization, and there is not one. If this procedure is not prohibited by your state laws, explain the problem and ask if the signer could write in the password and partially cover it with a sticky note, so you know it is not blank.
Please understand that your notary laws protect you by limiting the activities you are allowed to do. If you take on more responsibility than your laws allow, you increase your liability needlessly–and in most cases, you are operating illegally.
Some states allow the notary to make a true copy attestation or certification of personal documents. The notary may be able to issue a certificate about this procedure as an authorized and legal act without a signature on a document –it depends on the state’s laws.