Reply by Jon on 3/4/05 7:22pm
Msg #23703
In CA, you only list the individual that is appearing before you, as we are not allowed to verify capacity. Many other states have different rules, I'm not sure about FL.
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Reply by PAW_Fl on 3/4/05 7:32pm
Msg #23706
It's very well described in the FLORIDA Governor's Reference Manual for Notaries...
For a Person Signing with Power of Attorney
Situation: John Doe presents a document to be signed by Nancy Smith. John Doe state that he
has power of attorney for Nancy Smith. John Doe signs the document in one of two ways:
(1) John Doe as attorney-in-fact for Nancy Smith
(2) Nancy Smith by John Doe, attorney-in-fact
The first way is the preferred method.
It is not the notary‘s responsibility to ensure that the signer has power of attorney. The
person states he has that authority and indicates this fact when he signs - just accept his word.
Note: If you are notarizing in connection with your employment, you may need to require a copy of the POA for your employer‘s files. {Ed. In our case, the lender's files.}
Note the capacity of the signer in the notarial certificate. Use a notarial certificate in substantially the same form as the one on page 30 for an acknowledgment in a representative capacity.
The long form as described in the statutes:
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me this __________ day of _____________, 20__, by (NAME OF PERSON) as (TYPE OF AUTHORITY, e.g. OFFICER, TRUSTEE, ATTORNEY IN FACT) for (NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED).
Notary Signature
PRINT, TYPE OR STAMP NAME OF NOTARY
Personally known_________
OR Produced Identification_________
Type of Identification Produced_________
The short form as described in the statutes:
For an individual acting as principal by an attorney in fact:
STATE OF FLORIDA
COUNTY OF _____
The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced (type of identification) as identification on behalf of (name of principal) .
(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
Please note that someone acting as an attorney-in-fact, cannot take the oath (or affirmation) for the principal. They can only take it for themselves, individually, so there would be no corresponding jurat for someone acting with a Power of Attorney for another.
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