Acknowledgement Flashcards

1
Q

Notarial Certificate

A

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

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2
Q

Another word for notarial certificate

A

notarial wording
notarial verbiage

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3
Q

parts of a notarial certificate

A
  • 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.
  • 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
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4
Q

If a document contains 2 signatures and 1 person is not present

A

you can notarize the signature that is present currently

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5
Q

AUTHORIZED CAPACITY

A

SOMEONE’S TITLE ON DOCUMENT - PERSON AUTHORIZED TO SIGN DOCUMENT BECAUSE THEIR TITLE IS PRESENT.

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6
Q

INSTRUMENT

A

ANOTHER WORD FOR DOCUMENT

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7
Q

$10,000 Fine

A

Penalty of Perjury - Forgery

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8
Q

$10K fine

A

not taking an id for a credible witness

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9
Q

What happens if a document needs 2 notarized signatures but only has 1?

A

Use an acknowledgement loose certificate

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10
Q

When else to use an acknowledgement loose certificate?

A
  • If the wording does not exist
  • unreadable wording
  • incomplete wording
  • incorrect wording (pre 2015)
  • notary filled out and no space
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11
Q

what is an acknowledgement loose certificate?

A

a sheet of paper with acknowledgement wording

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12
Q

Can you attach this loose certificate with a staple?

A

Yes, fill it out and it should be stapled as the second paper.

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13
Q

Acknowledgement loose certificate structure

A
  • 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

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14
Q

Out of State Documents

A

Each state has their own document wording
- must check document
- check if the document is not violating any California laws

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15
Q

Can you use out of state verbiage?

A

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

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16
Q

REMEMBER!

A

WE DON’T CERTIFY THE AUTHORIZED CAPACITY

17
Q

Personally known to me

A

is verbiage not allowed in the state of California