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Questions and Answers
According to California law, under what condition can a notary public complete an out-of-state acknowledgment form?
According to California law, under what condition can a notary public complete an out-of-state acknowledgment form?
- If the notary does not have to certify the signer's representative capacity, and no certifications are made that are disallowed by California law. (correct)
- If the signer is not an officer of a corporation.
- Under any circumstances, as long as the notary is physically present in California.
- If the document is to be recorded out-of-state, regardless of the certifications required.
What constitutes a valid 'venue' statement on a certificate of acknowledgment in California?
What constitutes a valid 'venue' statement on a certificate of acknowledgment in California?
- Any county within California at the notary's discretion.
- The county where the notary's oath and bond are filed.
- The county where the signer personally appeared before the notary public. (correct)
- The county where the notary maintains their principal place of business.
What is the consequence if a document already contains a 'certificate of acknowledgment' with wording that deviates from California Civil Code section 1189?
What is the consequence if a document already contains a 'certificate of acknowledgment' with wording that deviates from California Civil Code section 1189?
- The notary public can alter the existing certificate to comply with Section 1189.
- The notary public should refuse to notarize the document.
- The notary public must attach a separate certificate with the statutory wording. (correct)
- The notary public can proceed if the deviation is only 'substantial' and not exact.
After a notary public's seal and signature are affixed to a document, what alterations, if any, are permissible to the certificate of acknowledgment?
After a notary public's seal and signature are affixed to a document, what alterations, if any, are permissible to the certificate of acknowledgment?
What is the primary purpose of the specific disclaimer that must appear at the top of a California certificate of acknowledgment?
What is the primary purpose of the specific disclaimer that must appear at the top of a California certificate of acknowledgment?
What is the implication of the statement: 'I certify under PENALTY OF PERJURY under the laws of the State of California' within a certificate of acknowledgment?
What is the implication of the statement: 'I certify under PENALTY OF PERJURY under the laws of the State of California' within a certificate of acknowledgment?
When must a certificate of acknowledgment be completed?
When must a certificate of acknowledgment be completed?
According to California law, what is the required format for the disclaimer on a certificate of acknowledgment?
According to California law, what is the required format for the disclaimer on a certificate of acknowledgment?
Under what circumstances is the California all-purpose acknowledgment form required for out-of-state documents instead of the out-of-state acknowledgment form?
Under what circumstances is the California all-purpose acknowledgment form required for out-of-state documents instead of the out-of-state acknowledgment form?
As of January 1, 2006, what is the standard for the California certificate of acknowledgment form?
As of January 1, 2006, what is the standard for the California certificate of acknowledgment form?
Flashcards
Certificate of Acknowledgment Timing
Certificate of Acknowledgment Timing
A certificate of acknowledgment must be completed when the notary public's signature and seal are affixed to a document. It cannot be added to or altered afterwards.
California Acknowledgment Form
California Acknowledgment Form
Since January 1, 2006, California certificates of acknowledgment must be exactly in the form stated in California Civil Code section 1189.
Required Disclaimer
Required Disclaimer
This disclaimer verifies the signer's identity only and not the truthfulness, accuracy, or validity of the document. It must be in an enclosed box and be readable.
Out-of-State Acknowledgment
Out-of-State Acknowledgment
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"Venue" Statement
"Venue" Statement
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Notary Requirements
Notary Requirements
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Study Notes
- A certificate of acknowledgment must be completed when the notary public's signature and seal are affixed to the document
- A certificate of acknowledgment cannot be added or altered after the notary public's seal and signature are affixed to the document
- The signature and seal cannot be affixed in advance of the notarization of a signature
- Since January 1, 2006, the California certificate of acknowledgment has been required to be exactly in the form in California Civil Code section 1189
- The certificate of acknowledgment must be executed under penalty of perjury
Required Disclaimer
- A specific disclaimer must appear at the top of the certificate of acknowledgment
- The disclaimer should state: "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
- The disclaimer must be in an enclosed box
- The disclaimer must be legible, with a readable font or typeface
- A notary public must ensure that a document containing a suggested "certificate of acknowledgment,” has the statutory wording required by California Civil Code section 1189
Out-of-State Acknowledgments
- A notary public may complete an out-of-state acknowledgment form if it will be used in another state or territory
- The notary public must not determine or certify that the signer holds a particular representative capacity or make other determinations and certifications not allowed by California law
- A notary public cannot complete an out-of-state acknowledgment form on a document to be recorded out-of-state if it requires the California notary public to certify the signer is president of a particular corporation
- In this case, the California all-purpose acknowledgment form must be used
- The California all-purpose acknowledgment form must be used for any document that will be used in another country
Form Requirements
- Proper notarial wording is needed before a notary public seal and signature may be affixed to a certificate of acknowledgment
- The first area indicating what county the notary public and person making the acknowledgment are located is the "venue” statement
- The venue statement establishes where the notary public performed the acknowledgment and where the signer personally appeared before the notary public
- “State” is always California
- “County” should be completed with the name of the county where the signer appeared before the notary public and acknowledged signing the document
- The “County" in the venue statement may not necessarily be the county where the notary public maintains their principal place of business, or where their oath and bond are filed
- The day, month and year must be completed with the date the signer appeared before the notary public and acknowledged signing the document
- The notary public must insert their name and title “notary public"
- Include the name of the person who acknowledges their signature on the document after “personally appeared."
- The notary public must sign and stamp the certificate with the notarial seal
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