Posted by Jan_OK on 1/12/05 3:27pm
Msg #16455

more on acknowledgement

Well here is another question on this ack.

STATE OF OKLAHOMA, ____________, ____________COUNTY ss:
Before me, ________________________, in and for said state,on this day of ______,
personally appeared _________________(and) ____________________ to me known to be the identical person(s) who executed the within and foregoing instrument and acknowledged to me that _______________executed the same as______________________ free and voluntary act and deed for the uses and purposes therein set forth.

I am not sure what goes in the last 2 blanks on this ack.

Help Please

thanks so much

Reply by CaliNotary on 1/12/05 3:34pm
Msg #16458

Does Oklahoma require specific wording on their acknowledgements? In CA it has to be worded an exact way and if it's not, we're to attach a loose acknowledgement that does have the correct wording.

Reply by janCA on 1/12/05 5:15pm
Msg #16477

I have to comment on the CA acknowledgement. Here is my understanding or my interpretation.

If the document is going to be filed in another state, and the wording on the acknowledgement isn't that of the CA acknowledgement but what is required in that state, that acknowledgement is fine and a CA acknowledgement does not have to be attached.

If the document is going to be filed in CA and it does not have the specific wording of the CA acknowledgement, then a loose certificate has to be attached.

1189 of the Civil Code section c states: On documents to be filed in another state or jurisdiction of the US, a California notary public may complete any acknowledgement form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.

Any comments would be appreciated.

Reply by Jon on 1/12/05 5:57pm
Msg #16480

"If the document is going to be filed in another state, and the wording on the acknowledgement isn't that of the CA acknowledgement but what is required in that state, that acknowledgement is fine and a CA acknowledgement does not have to be attached."

That is true, but how do you to know what is required in another state? You can't just assume that it is correct because look at how many times we in Ca get an ACK that is not worded for CA. The statute says we may complete it if it is REQUIRED in the other state. Unless you know for sure it is required, attach an All Purpose Ack for CA.

Reply by Terri - on 1/13/05 1:58am
Msg #16550

Re: more on acknowledgement

Reply by Terri - CA on 1/13/05 2:03am
Msg #16551

Sorry about the previous message, I hit enter by accident.

Regarding Acknowledgments - One can use an Acknowledgment if the document is to be filed outside of the State of California. HOWEVER, it cannot contain wording that the notary is acknowledging the capacity of the signer. If the wording wants the notary to acknowledge the capacity, REGARDLESS of where it is going to be "filed," if at all, then the California notary cannot use the certificate provided, and must attached a Loose California All Purpose Acknowledgment.

Now, I prefer to err on the side of caution. If it doesn't look right, and I'm not sure how to complete the certificate (or I just don't want to deal with it), and I don't want to get it wrong, I just line through the pre-printed wording and attach a California All Purpose Acknowledgment. I've not had anyone come back to me because I followed the "sure" way to perform the notarization.

As my Grandfather always said, better safe than sorry.

Terri
Lancaster, CA

Reply by Bobbi in CT on 1/12/05 3:35pm
Msg #16459

too easy to pass up

You know this one ...

she / he / they and her / his / their

depending on whose signature is being acknowledged.

This is almost exactly like the uniform acknowledgment act model.

Reply by Nd_WA on 1/12/05 3:38pm
Msg #16461

he/she/they and his/her/their for the last 2 blanks.

Reply by Fay Hudson on 1/12/05 3:42pm
Msg #16463


The answer is "they"

Reply by colorless/AZ on 1/12/05 9:10pm
Msg #16513

The two lines for the county would confuse me:

STATE OF OKLAHOMA, _____?_______, ______?______COUNTY ss:

Do you have county names that would fit in two spaces like that?