Understanding Notarial Certificates Flashcards
Identify the different types of certificates and how to execute them
Types of notarial certificates
Acknowledgements of individual or representative capacity
Oaths (verbal)
Jurat (verification on oath or affirmation)
Witnessing signatures
Copy of certification
“This record was acknowledged before me on (date) ______, 20__ by (name(s) of individual(s)) _________ as (type of authority) ________ of (name party whose behalf the record was executed) ______” is an example of what kind of certificate language?
Acknowledgement in a Representative Capacity
“This record was acknowledged before me on (date) ______, 20__ by (name(s) of individual(s)) _________.” is an example of what kind of certificate language?
Acknowledgement in an Individual Capacity
“Signed and sworn to (or affirmed) before me on (date) _____, 20 __ by (nam(s) of individual(s) making statement) ________.” is an example of what kind of certificate language?
Jurat, aka Verification on Oath or Affirmation
“Signed (or attested) before me on (date) _____, 20__ by (name(s) of individual(s)) _______.” is an example of what kind of certificate language?
Witnessing or Attesting a Signature
“I certify (or attest) that this is a true and correct copy of a record in the possession of ________.” is an example of what kind of certificate language?
Certifying to a Copy of a Document
Steps to completing an Acknowledgement in a Individual Capacity
Individual appears before you
You verify their identity, capability & willingness to sign
They acknowledge a signature is theirs
If an Acknowledgement uses the words “Signed and acknowledged before me” instead of just “acknowledged before me” the client must
Sign the document in the presence of the notary and acknowledge their signature, otherwise it’s okay if they sign beforehand
Steps to completing an Acknowledgement in a Representative Capacity
Representative appears before you
You verify Rep’s identity AND their authority to sign
Representative acknowledges their signature
How do you verify the authority of a representative?
They must provide an official record of their authority, such as Power of Attorney or Guardianship documentation. If the representative is for an organization or company, they must provide an official record of their role, such as a formal report. Not a business card, website or letterhead.
Steps to completing a Witness Signature
Signer appears before you
Verify signer’s identity, willingness & capacity
Signer signs in front of you
The word “attested” on Witness Signature certificates is
Necessary per statute but If you are witnessing a signature the signer does not also have to attest that the signature is theirs. This is not part of your function, and you can cross that out.
Steps to completing a Verbal Oath
Person appears before you
You verify their identity, willingness & capacity
You administer verbal oath
Oaths are
a legal ceremony and should be handled in a formal manner so the person is aware of the importance and is being truthful
To administer an oath
Have the person hold up their right hand while swearing or affirming, and record the oath in your journal