Posted by VT_Syrup on 4/26/12 12:45pm
Msg #419001

Another government agency tries to write notarial cert

I wonder how many notaries would notarize this cert:

QUOTE

PLEASE NOTE: This form must be signed in the presence of a Notary Public

Under penalties of perjury, I declare that to the best of my belief, the information on this form is true, correct, and complete. I have received a written notice describing the general tax rules applicable to this distribution.

Signature: __________________

State of _________ County of _____________

The above person signed or attested before me on ___ day of ____, 20__.

______________________ My commission expires ______________

Signature of Notary Public [This phrase is almost touching the blank above it].

UNQUOTE

No one will be surprised to learn there is no room for a seal on either the front or back of the page.

If your curious, this is a form I executed as the principal and my town clerk was willing to use the above cert.

Reply by MW/VA on 4/26/12 1:01pm
Msg #419008

Ok, I'm a little confused as to what your issue is. It sounds like an ack, even though they used "signed or attested" instead of "acknowledged". IMO it means the same thing.
The statement above was for the signer, correct?
Regarding space for the seal, does your state require a seal? Many states don't necessarily require it. Do you have the option to attach a loose certificate?

Reply by VT_Syrup on 4/26/12 1:10pm
Msg #419015

The first part of the statement is for the signer, but every thing after "State of _____" is for the notary.

I interpreted it as an affirmation, because the signer is making a statement under penalties of perjury that the statements in the document are true.

My state does not require seals, but that doesn't matter. The signer would be a retired teacher, and there is no particular reason to think teachers would always stay in the state after retirement.

The document makes no statement as to whether an attached certificate would be accepted, or what kind of attached certificate is requested (jurat or acknowledgement). So the notary would either have to ask the signer, or decide whether the wording is giving the notary sufficient information for the notary to choose a jurat or acknowledgement.

Reply by MW/VA on 4/26/12 2:18pm
Msg #419023

It sounds like a case of "notarize, don't analyze". n/m

Reply by SharonMN on 4/26/12 3:06pm
Msg #419025

This is a nearly perfect sample certificate in MN and I wouldn't have a problem at all (except that I'd change "above person" to the actual name and affix my stamp. Here is the MN approved short form certificate for witnessing or attesting a signature (section 358.48)

State of
County of

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).


(Signature of notarial officer)
(Stamp)

Title (and Rank)
My commission expires:

Reply by VT_Syrup on 4/26/12 8:03pm
Msg #419045

Of course MN is one of only a few states where witnessing or attesting a signature is an authorized notarial act.

Reply by Buddy Young on 4/26/12 5:03pm
Msg #419031

Re: Not in California. n/m