Posted by Crystal Henning on 9/25/06 1:47pm
Msg #148381

CA acknowledgement wording

I know people get upset when someone asks a stupid question...but I basically just want to confirm that my reasoning is correct and that I'm not screwing anything up....I just did my FIRST notary signing today...and the page for signing had some notary verbiage, but it wasn't exactly like the CA ack forms....and I noted that by the new Code 1189 eff Jan 1, 06 the verbiage needs to be EXACT.....so I am assuming that this would include even something as simple as the word "came" as opposed to "appeared" even though they mean the same thing?
My initial reaction was to attach an ack form, but another notary here at my company (that's been doing this awhile) said that she always just uses what she is provided with and if she had to notarize the same form she would do so without attaching the ack form......so she basically confused me because I figured she would know more about it than I would.....but still, I was reading this code word for word and taking from it that I needed to attach an ack form..............................

And one other question while I'm at it (sorry!!)...if there are two signers needed for a document, in a corporate situation, with different titles and everything, and you used the same ack form for both signers, at the bottom where you write in their titles, how do you differentiate who's title is who's? I didn't know what to do so I made a separate ack form for each.....??

THANK YOU FOR ANY ASSISTANCE

Reply by Brad_CA on 9/25/06 2:02pm
Msg #148382

If the acknowledgement was for another state (not California) you can use it, as long as it is not asking you to certify the capacity of the signer. If it is going to be recorded in California it must contain exact California Acknowledgement wording.

http://www.ss.ca.gov/business/notary/forms/notary_ack_06.pdf

Reply by CaliNotary on 9/25/06 11:45pm
Msg #148477

"If the acknowledgement was for another state (not California) you can use it, as long as it is not asking you to certify the capacity of the signer."

This is only true if the document is something that is going to be recorded in another state, if it's a non-recordable document it must be compliant with CA wording.

Which, by reading the rest of your post, is what I'm guessing you meant, but I figured I'd clarify it in case anybody was confused.

And let's fess up, how many of us would catch what she caught, that it said "came" instead of "appeared"? I'm guessing that could easily slip by me without me noticing.

Reply by Larry/Ca on 9/25/06 2:05pm
Msg #148383

Hello Crystal, California requires "exact" working. attach a loose acknowledgement. if optional information doesn't provide for two signers two certificates would be the way i'd go.

Reply by Crystal Henning on 9/25/06 2:19pm
Msg #148385

Thank you for your help....I was ready and prepared for bad mouthing....so thank you for not giving it to me

Reply by davidK/CA on 9/25/06 2:37pm
Msg #148389

A few points:

In an Acknowledgement where you write the name the person who has signed the document and who has personally appeared before you, you do NOT list their title (corporate officer title, Trustee, etc.), just their name(s).

However, you can in the OPTIONAL INFORMATION section indicate their capacity if you choose to do so, you just can't do that in the body of the Acknowledgement FOR ANY STATE, California form or not.

As to the other common form, a Jurat, you MUST use the California language no matter what state the document will be recorded in. There is no choice here. Do NOT use an out of state Jurat form that merely says "subscribed before the undersigned" or words to that effect. You can modify the out of state language if necessary to meet California's specific language, but in the end the sum total must be exactly as California specifies.

So, sometimes you can use an out of state Acknowledgement (with caution) but you can never use an out of state Jurat that doesn't exactly conform to California Law. The easiest practice is to attach California Acknowledgements and California Jurats unless the document has been drawn up for specific use in California and contains only the correct language, no extra stuff ("husband and wife", "stated that it was true", "taller than five feet four inches", etc.)

Buy lots of Acknowledgements, Jurats and a Jurat rubber stamp from Notary Rotary and you will always be prepared.

Reply by SueW/Tn on 9/25/06 2:45pm
Msg #148392

Crystal, never underestimate your knowledge OR instincts

IF you know your manual inside out you'll find you've gained a serious upper hand over those that never bother to read it. When I first started my mentor gave me wrong information (go figure that) but because I knew my laws I knew from the moment those words fell out of her mouth that she was incorrect. Just because you're "new" doesn't make you "wrong".

Reply by Joan Bergstrom on 9/26/06 1:34am
Msg #148486

I teach students to pass the Calif State Notary Exam and you must use our 2006 CA Acknowledgment wording exactly as stated in our 2006 Handbook.

In the part of the Ack notarial certificate which states, Before me: John Q Notary, notary public


Your name must match what is on you notary seal and you must include notary public after your commission name.

Reply by JanetK_CA on 9/26/06 1:46am
Msg #148487

Good for you for catching the difference! If it's just one word off, I just make the correction, if I have room, and initial it. If not, I go ahead and attach a loose certificate.

On the subject of using a certificate for another state, CA notary law does NOT say we can use ANY acknowledgement format on a doc if it is not to be recorded in CA. It says that we can use other Ack verbiage as REQUIRED by other states (with the proviso that it does not include a capacity). If you are not sure what verbiage is **required** by that state, you'll always be safe using your own state's ack form.

As for the CA loose certificates, I created my own certificates as Word docs years ago and just modified them as the laws have changed. I just print out my own copies and never have to worry about running out. I personally choose to not include any designation of capacity in the optional section. Since CA prohibits us from notarizing it - and I have no way of knowing if it is true or not - I'd rather not go there at all. jmo