California Proof of Execution Certificates

• Certificates for proof of execution by a subscribing witness in California must be in a specific format; similar wording is no longer acceptable.
• A disclaimer must be at the top of the proof of execution
• The disclaimer states that the certificate verifies only the identity of the individual who signed the document, not its truthfulness, accuracy, or validity.
• The disclaimer must be in an enclosed box, at the top of the certificate, and in a readable font.
• The "venue" statement in the first part of the certificate indicates the county where the notary public, subscribing witness, and credible witness appeared.

Venue statements

• The venue statement establishes where the notary public performed the proof of execution and where the witnesses appeared.
• The "State" is always California for notaries public, as their jurisdiction is limited to California.
• The "County" is where the proof of execution occurred and where the witnesses personally appeared.
• The "County" in the venue statement may differ from the notary public's principal place of business or where their oath and bond are filed.
• The name of the county where the notarial act took place must be completed.
• The date the subscribing and credible witnesses appeared before the notary public must be included.
• The name and title of the officer (notary public) should be written next to or in place of "name and title of officer."
• The name of the subscribing witness must be completed where indicated after "personally appeared" and in the second paragraph's first blank line.
• The name of the credible witness must be inserted after "on the oath of."
• The name of the principal (the person signing the document who did not appear before the notary public but told the subscribing witness they signed it) must be inserted after "saw/heard" and "at the request of."
• The notary public must sign and stamp the certificate with their notarial seal.

Example case

• Paul needs his signature notarized but cannot appear before a notary public due to being in the hospital.
• Paul asks his friend, Sue, to act as a subscribing witness and visit him in the hospital.
• Sue must witness Paul signing the document, or if Paul has already signed it, he must acknowledge to Sue that he signed it.
• Paul then asks Sue to sign the document as a subscribing witness.
• Sue chooses Nancy Notary as the notary public and brings Carl, a long-time friend who has worked with Nancy before, as a credible witness.
• Sue and Carl appear together before Nancy.
• Nancy verifies she knows Carl personally and checks his California Driver's License to confirm his identity.
• Carl swears or affirms under oath that he knows Sue, that Sue is the person who signed the document as a subscribing witness, and that he has no financial interest in the document signed by Paul and subscribed by Sue.
• Sue swears or affirms under oath that she knows Paul, that Paul is the person described as a party in the document, that she watched Paul sign the document or heard Paul acknowledge that he signed it, and that Paul requested she sign the document as a subscribing witness.
• Sue signs Nancy's notary public journal as a subscribing witness, and Carl signs as a credible witness.
• Alternatively, Nancy can record in the journal that Carl presented a California Department of Motor Vehicles driver's license, including the license number and expiration date.
• Nancy completes her notary public journal entry and the proof of execution certificate, attaching the latter to the document, Sue then returns the notarized document to Paul.
• As of January 1, 2017, fees for some notarial acts have increased.