Posted by Delta_CA on 12/29/05 10:08pm
Msg #85193

New ACK For CA

I understand it starts on the first. Where can it be obtained?

Reply by Giselle_CA on 12/29/05 10:18pm
Msg #85194

The form can be obtained from: http://www.ss.ca.gov/business/notary/notary_ack_06.htm

Click on the link "acknowledgment form" and then you can print it from your computer or you can also make your own. Hope it helps!

Reply by Brad_Ca on 12/29/05 10:19pm
Msg #85196

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

Reply by Delta_CA on 12/29/05 10:26pm
Msg #85198

So now we have to tack on this ack along with the new CA jurat. Great!

Reply by Delta_CA on 12/29/05 10:26pm
Msg #85199

So now we have to tack on this ack along with the new CA jurat. Great!

Reply by lisaca on 12/29/05 10:29pm
Msg #85200

I don't see any difference in this new one and the ones that I have been using all year. Am I missing something?

Reply by Brad_Ca on 12/29/05 10:42pm
Msg #85203

Notary Public
New Acknowledgment Requirement for 2006

--------------------------------------------------------------------------------


Assembly Bill 361 (Statutes of 2005, Chapter 295) was signed into law and makes several significant changes in current notarial law, including the amendment of Civil Code section 1189 as described below.

Effective January 1, 2006, the California certificate of acknowledgment must be in the exact form set forth in Civil Code section 1189, rather than "substantially" in the form set forth therein. The form set forth in Civil Code section 1189 did not change, but variations in the California form are no longer permitted. (The law regarding acknowledgments to be used with documents to be filed in other states has not changed (Civil Code § 1189(c)).

The new acknowledgment form is available in PDF file format and can be viewed, filled in and printed from your computer.

State of California
County of _________

On __________ before me, (here insert name and title of the officer), personally appeared__________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)

Reply by TitleGalCA on 12/29/05 10:45pm
Msg #85205

Re: New ACK For CA - Lisa

The new ack cannot have the words "the undersigned" in place of the notary's name in the first sentence of the statement...eg "on ________ before me, _________ (Jane Doe, notary public) ....

The old ack's allowed that the name of the notary could be replaced with "the undersigned" instead of the notary's name. That's about the jist of the change.

CA Recorders will pull a document if the ack doesn't comply with the new law, so it's important.

Reply by lisaca on 12/30/05 12:21am
Msg #85222

Re: New ACK For CA - Lisa

I see. I didn't realize that we ever could put "undersigned". Thanks

Reply by Anonymous on 12/29/05 10:54pm
Msg #85207

I downloaded the one from www.notaryclasses.com and it explains that we know have to put notary public after our name.

Reply by Marlene_USNA on 12/30/05 12:59pm
Msg #85307

Assembly Bill 361 also amends §1189 of the Civil Code to remove the word *substantially* from the definition of a form of acknowledgment. The section now reads, "Any certificate of acknowledgment taken within this state *shall be in the following form*"

So you have to use the exact wording as given in the law - no more "close enough"

Sample ack at http://www.enotary.org/news/california_formack.html

Reply by aliciaCA on 1/2/06 11:00pm
Msg #85703

Just to clarify, when we are in a sign-off, we need to use this new form for all acknowledgements. So no matter what is on the loan papers, we line it out and use this form? I don't see a place on the form to write in what form we are acknowledging or how many pages it may be. It would be nice just to have one acknowledge form and list all the documents we are acknowledging instead of doing it for each form. Could you please let me know if I have this right. Are the banks going to take the wording off their forms or change them to make them uniform with what is required?