Acknowledgement Flashcards
Notarial Certificate
Set of wording in document that says you did the acknowledgement procedure
Area below signatures from signer(s) where notary signs to indicate that they have verbally spoken the “acknowledgement” wording and have done the entire procedure
Another word for notarial certificate
notarial wording
notarial verbiage
parts of a notarial certificate
- Notice/Disclaimer Statement which was added in 2015 (in a box and MUST HAVE A BOX; WORDS AND BOX MUST BE PRINTED; “A notary public or other public officer…)
- Venue: where you’re physically sitting as you notarize the document. the only spot where you can make corrections
- Statement of Particulars; Write out the month, put a ‘0’ in front of a single digit number, YOUR NAME (THE NAME ON YOUR NOTARY SEAL) comma, Notary Public
- personally appeared: the person present with you; write long line after name
- cross out (X), ‘S’ if necessary to indicate
plural/non plural people present.
- cross out (X), ‘S’ if necessary to indicate
- Penalty or perjury clause: when you sign this document, you’re saying all the info on the document is true.
-Testimonium Clause - youre going to sign it and has to match your name on notary seal
-Stampbelow testimonium Clause
If a document contains 2 signatures and 1 person is not present
you can notarize the signature that is present currently
AUTHORIZED CAPACITY
SOMEONE’S TITLE ON DOCUMENT - PERSON AUTHORIZED TO SIGN DOCUMENT BECAUSE THEIR TITLE IS PRESENT.
INSTRUMENT
ANOTHER WORD FOR DOCUMENT
$10,000 Fine
Penalty of Perjury - Forgery
$10K fine
not taking an id for a credible witness
What happens if a document needs 2 notarized signatures but only has 1?
Use an acknowledgement loose certificate
When else to use an acknowledgement loose certificate?
- If the wording does not exist
- unreadable wording
- incomplete wording
- incorrect wording (pre 2015)
- notary filled out and no space
what is an acknowledgement loose certificate?
a sheet of paper with acknowledgement wording
Can you attach this loose certificate with a staple?
Yes, fill it out and it should be stapled as the second paper.
Acknowledgement loose certificate structure
- Notice/Disclaimer
- Venue
- Statement of Particulars
- Penalty of Perjury Clause
- Testimonium Clause
After you’re finished, you can add under “Optional Information”, the type of document, date, number of pages, signer capacity - to ensure extra roadblock to anyone committing fraud
Out of State Documents
Each state has their own document wording
- must check document
- check if the document is not violating any California laws
Can you use out of state verbiage?
You must double check if the verbiage is similar to California’s and check that the document is not violating any California Laws
If you find the wording is not compliant to California law, you can cross out the document and use an Acknowledgement Loose Certificate
Double check with the person if they want a California Notary to do the notarization
Cross out the state printed on paper and put in California