Posted by sealed/CA on 7/5/11 11:16pm
Msg #388687

Nevada acknowledgment

I have a document that will be recording in Nevada and have checked the Nevada SOS site to see a sample Nevada cert.
On the sample it says (person) for the person who's signature I am acknowledging. Nowhere does it say (persons). I just want to be sure that in Nevada it is ok to add more than one person to a Nevada acknowledgment.
I know that I can add a CA loose-leaf, but would like to use the cert provided as I am allowed.
Thanks in advance.

Reply by Woody Williams on 7/6/11 12:19am
Msg #388688

http://nvsos.gov/Modules/ShowDocument.aspx?documentid=1836

Reply by sealed/CA on 7/6/11 2:57am
Msg #388695

Thank you Woody. That's the website that I found, which is why I asked the question.
Marian - I appreciate the answer. The way I understand the CA instructions is that it is giving permission to use other states acknowledgments (as each state would have their own required wording) as long as the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by CA law.
Of course it's always ok to use a loose CA ack especially if I'm not sure if the cert. is the one required of the individual state. In this case, I had the time to look it up and it does match the cert. on the Nevada SOS website.
I'm curious if other CA notaries have interpreted the wording as you did.
Would love to hear from others...

Reply by sealed/CA on 7/6/11 3:42am
Msg #388696

Oops, I didn't mention that another requirement when using out of state acks, is that CA notaries are only to use them when they are to be recorded in that other state.
Sorry these posts are out of order. These should follow Marion's post.

Reply by Marian_in_CA on 7/6/11 3:55am
Msg #388697

I think that this is an often misinterpreted bit of information... that CA notaries think non-compliant ack wording is okay as long as it's going out of state. I've even seen instructors say this right here at NotRot. That's not what the handbook says...

"A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law."

Note where it says required? Too many gloss over that part... in order for a CA notary to use ack wording that is not CA complaint, that wording must be:

1. REQUIRED in that other state for filing.
2. Not require that CA notary to certify something they can't by CA law, such as capacity.

The key is that the other Sstate or jurisdiction requires that wording for filing... which is not the same as wording used by that state's notaries. Most states in this country only give their notaries examples of wording that they can use, but are not actually statutory in any way.

Reply by Marian_in_CA on 7/6/11 3:59am
Msg #388698

Also... the fact that a document is being recorded or filed does not fulfill the REQUIRED wording bit... I've never been able to find anyone that actually REQUIRES specific wording to be used on a notarial certificate when the notarization is performed in another state. Not once.

As I noted before, even California entities must accept out of state notarizations.

Reply by Marian_in_CA on 7/6/11 1:55am
Msg #388694

You can only use the Nevada acknowledgment *IF* Nevada requires that wording for filing purposes *AND* that it doesn't require you to certify the representative capacity of the signer, or anything else not allowed by California law.

Note what I said first? Is that wording REQUIRED in Nevada in order to file? You can only use non-compliant wording if that's true. Wording for use by Notaries in Nevada is none of your concern since you're in California. What matters to you is not the Nevada notary handbook... but *IF* there is specific wording required for filing in Nevada.

Here's the other thing... every single state in the Country must honor the notarial act from another state, provided it was performed properly in that state by a notary i that state. In other words, Nevada must accept a properly executed notarial certificate from California, if done in California by a California notary.

Are you confused yet? Hopefully not... in my experience, I've yet to find any state in the country that has required wording for filing. Not, even California. California entities can only enforce the wording requirement for for filing on documents notarized *IN* California. They must accept properly performed notarizations done in another state, even if the wording is wonky... because it was a legal notarization where it took place, and that's what matters.

That's the long answer....

The short answer? Be safe. Use the California wording.

Reply by davidK/CA on 7/6/11 12:50pm
Msg #388748

CA Jurat

Remember that the wording for a Jurat taken in CA must be just this way, period:

Any jurat taken within this state shall be in the following form:

State of California
County of ________________

Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__,
by _______________________, proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me.

Notary Public Signature
Notary Public Seal

Reply by LKT/CA on 7/6/11 8:00pm
Msg #388818

<<<I have a document that will be recording in Nevada and have checked the Nevada SOS site to see a sample Nevada cert. On the sample it says (person) for the person who's signature I am acknowledging. Nowhere does it say (persons). I just want to be sure that in Nevada it is ok to add more than one person to a Nevada acknowledgment. I know that I can add a CA loose-leaf, but would like to use the cert provided as I am allowed.>>>

Why go through this headache? Yes, the CA notary law says we can complete another state's certificate if the document will be filed in the other state, provided the other state's certificate does not violate CA notary law, such as including representative capacity. Since you know what CA certificates are supposed to say it's probably best to "go with what you know".

Unless I get a written request to use another state's certificate, I use CA acknowledment/jurats.