Posted by Priscilla Witman on 9/9/12 3:30pm
Msg #433727

Question about capacity

I recently had a situation that threw me off. I don't see a lot of acknowledgements that contain capacities. As I understand it, for example, a title would be a capacity (John Doe, CEO, ABC Corp.) and attorney-in-fact would be a capacity. (I'm sure there are others but just an example.) But what about FKA or AKA? I recently saw an acknowledgement that had the signer as "Jane A Doe FKA Jane A Smith". Is an FKA considered a capacity?
I did a search and didn't come up with much info besides company titles.

Also strange, last week I saw several jurats with a company title included (ex. John Doe, Traffic Manager). The customer told me the last notary insisted that the title be included on the jurat. I have never seen a jurat that included a capacity before. Any thoughts? The handbook is somewhat ambiguous about capacities except that a CA notary can't certify capacity. I believe I handled each situation correctly, but I'm still curious.

Reply by LKT/CA on 9/9/12 5:13pm
Msg #433737

I wouldn't consider "FKA (formerly known as)" a capacity and I would not include it in the acknowledgment or jurat because who the signer used to be is not who I am ID'ing today. Who they are on the date they personally appear is the name I am writing on the notarial certificate.

My answer to customers who say, "The other notary did it", is "According to the 2012 handbook/newsletter, the other notary was incorrect. I will completing this X way."

Reply by Michelle/AL on 9/9/12 8:09pm
Msg #433748

Priscilla, I'm not in California so you may want to take my comments with a grain of salt. I use notary certificates w/the capacity language when the signor is acting in/on behalf of another entity (i.e., CEO, etc.). I agree with the other poster who stated AKA and FKA would NOT be considered capacities.

Reply by MrEd_Ca on 9/9/12 8:37pm
Msg #433749

I asked the California SOS - Notary Public Section, the folks who regulate us Calif. notaries, a similar question a while back & they told me that ' the only thing that goes on that line is the signers name, & nothing else.' (That was paraphrased).
I don't remember the specific question I asked, I think it was something along the lines of FKA, AKA, or 'Who took title as..' being in an acknowledgement. They also said the same for Jurats, ie only the signers name & nothing else.

Reply by Marian_in_CA on 9/9/12 8:40pm
Msg #433750

Priscilla,

When you fill out your certificates, only the NAME of the person in front of you goes on the certificate. As a rule, I write down the name on the ID, but others write the name as it appears in the document.

We're not allowed to certify or even determine "representative capacity" -- which is, of course, anything having to do with a title such as CEO, Attorney-in-Fact, etc. under no circumstances can you write that on your notarial certificate. You shouldn't even ask... since that falls under the "determining" part. If they volunteer it, that's fine... but that information doesn't belong on the notarial certificate in any shape or form. Now, an FKA or AKA isn't necessarily a title or capacity... BUT... under what authority do you have to certify those identities? You don't.

Let's say you have a woman who has an ID with her married name. Her documents indicate her maiden name or an FKA. Honestly, none of that matters to you. You're certifying the person in front of you with the ID they present to you. If they hand you a marriage certificate with the old name...it's useless you as a CA notary, because that is not an allowed form of ID for notarization purposes.

Personally, when it comes to the certificates, I never, ever allow anything other than the name(s) of the people in front of me, as written on the acceptable IDs presented. That's it.

The acknowledgement certificate is YOUR responsibility, not anybody else. If somebody tries to be helpful and preprints a name in there for you, you're responsible for making it compliant.

Another thing... never, ever listen to a customer who tells you, "Well the last notary said this or that..." It could very well be true, but it doesn't make it right. I get this a lot, and I find it sad.

Reply by Stoli on 9/9/12 9:05pm
Msg #433751

I agree that ‘attorney in fact’ is a represented capacity

Priscilla:
I agree that ‘attorney in fact’ is a represented capacity, but we, as California notaries, do not include the ‘represented capacity’ on the notary certificate. Rather, the person’s name, as it appears on the identification presented to the notary, is included on the certificate.
In the cases of FKA and AKA, the names are probably not on the identification presented to the notary; so, no, it wouldn’t be included on the notary certificate.
Here’s a copy of the referenced section of the handbook:
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.

The document may be signed with the represented capacity, i.e., John Doe by Jane Doe, his attorney in fact, but the notary certificate only names Jane Doe, the party who appeared in front of the notary public and presented identification.
It isn’t uncommon to find ‘non-borrower’ on the signature line or ‘husband and wife’ on the preprinted notary certificates. I’m not an authority, so I can only tell you what I do. (1) Draw a line through the represented capacity and initial the strike out, or (2) attach a California-compliant certificate---minus the represented capacity language.

If we’re lucky, Marian is monitoring the board and will respond.

Reply by SheilaSJCA on 9/10/12 1:01pm
Msg #433781

I would like to add a common capacity that is not allowed on

CA acknowledgements/Jurats- Husband and Wife. This too should be stricken or a new certificate attached.

Reply by Teresa/FL on 9/10/12 2:04pm
Msg #433788

I cross through the marital status if it has been pre-filled

in the notarial certificate.

Although Florida laws allow capacity to be shown in the certificate, "husband and wife" is not capacity it is status.

I understand if the lender wants the marital status on page 1 of the mortgage where the title vesting is shown, but it doesn't belong in the notarial certificate.

Reply by Stoli on 9/9/12 9:16pm
Msg #433752

Marian--- glad to see you

I know you've been a little under it lately, and I don't want to give you a complete stroke with this post, but you've got to see James' post from his site. If you don't reply, I'll know I killed you with shock.


James
Administrator
Posts: 1212 I'm going out today to do a re-sign for a job a non-commissioned Notary did two days ago. The notary told the SS (AFTER-THE-FACT)..Oh BTW, i haven't gotten my commission yet! What nerve huh?



James
Administrator
Posts: 1212 She is A "Notary", she did it without a stamp,...just her signature as a Notary.....from L O D I !!!!!!!!!!!! hehe
--

Administrator
Posts: 1212 she didn't have a commission, I checked the SOS Website for new notaries in that area, matching them against the notaries on XYZ site (which is where the found her).
I honestly believe that "the site" that list notaries has the responsibiliy for verifying whether they are notaries or not.
We do it here and we don't list notaries for hire as a function of this site. Now I can see why some SS ask for a copy of your commission.
--

I can't wait to read your response.

Reply by Priscilla Witman on 9/9/12 9:52pm
Msg #433753

Thank you all.

I never include capacities of any kind in my certificates. However, these were pre-printed with an "FKA Jane A Smith" and "John Doe, Traffic Manager". What I did was strike out and initial. (These were GNW calls.) The latter was surprised he had to take an oath for a jurat; in 12 years he'd never been administered an oath for 8-10 affidavits a month. I guess I'm not very surprised really. Too many people doing just the bare minimum. All I say when I hear "the last notary..." is, well, that's wrong. I am not responsible to other notaries or for other notaries. Thanks for your responses.