Posted by Cali_RicM on 12/13/13 4:47pm
Msg #496066

CA Notary - How to do a Massachusetts Acknowledgement

I am in CA, and I am asked to notarize a document next week for Suffolk County, MA. This will be my first out-of-state notarization. The wording on the doc is slightly different. It asks (I think) for the type of ID provided.
The CA handbook seems to say that I can do the acknowledgement as long as I am not certifying the person's role. It also says that I cannot use other states' Jurat wording (and this is not a Jurat).
So a couple questions:
Do I just fill it in as-is? Even though the wording is a bit different than CA's?
If so, how much detail do I fill in on the line for the ID?
Or do I do a CA loose certificate?
Thanks much!

Reply by Sylvia_FL on 12/13/13 5:17pm
Msg #496067

Follow CA notary laws

For type of ID just put whatever they give you - Drivers license or whatever, no need to put the number, just the type of ID.

Reply by Marian_in_CA on 12/13/13 5:21pm
Msg #496068

Use CA wording...

Do yourself a favor, just use CA wording. Don't worry about the other state's requirements unless you are specifically told something. You care about YOUR state and the laws/requirements of your venue/state. You can only use "out of state" wording if it is an acknowledgement, it is REQUIRED wording by that state and if it doesn't require any other items not allowed under CA law. This is actually a really narrow set of circumstances... you're better off just attaching a CA compliant certificate since that's where the notarization is taking place, and according to CA law... not Massachusetts. I've only had ONE time where the wording was required, and it was a federal form, not state. A lot of CA notaries seem to think it's okay to use out of state wording if it's going out of state... and they allow it rather casually. Personally? I disagree with that practice, and don't do it unless I know said wording is required by that other state. The wording in CA is there for a reason and is worded specifically for a reason to comply with state law. Don't take the chance... just use CA wording and be done with it.

If it is a jurat, you must use CA wording NO MATTER WHAT.

Every state I know if will accept an out of state notarial certificate. Even California will do so... in fact, it's CA law clerks/recorders must accept notarizations performed out of state, provided they are done in accordance with the laws of the venue where the notarization took place.

In fact... while I can't find the specific reference at the moment, I believe it is federal law, too, that other states must recognize the notarizations of other states.

Reply by Cali_RicM on 12/13/13 5:29pm
Msg #496069

Re: Use CA wording...

Thanks.
The wording for MA is the same, with the addition of adding the type of ID. And it is an Acknowledgement, not a Jurat.
I think I'll attach a loose cert to be sure.
Thanks very much!

Reply by JanetK_CA on 12/13/13 5:50pm
Msg #496072

Re: Use CA wording...

Good idea. I agree 100% with Marian. The law says that you can only use another certificate that may be "required" in that state. Some states don't even have "recommended" verbiage for ack certificates. I always replace notary certificates that don't conform to CA law, so I don't even have to wonder if it's correct or not.

Reply by Notarysigner on 12/13/13 5:31pm
Msg #496070

Article four of the U.S. Constitution

http://www.archives.gov/exhibits/charters/constitution_transcript.html

Reply by BobtheElder on 12/14/13 10:11pm
Msg #496155

Re: Article four of the U.S. Constitution

There is actually a federal law on the books that covers notarization. Even though Article 4 would seem to say the same thing it wasn't always applied to Notarial Acts, so some time in the 1960's congress passed a law... read about it somewhere but can't lay my finger on it at the moment....

Reply by VT_Syrup on 12/15/13 9:01am
Msg #496168

Re: Article four of the U.S. Constitution

The only somewhat relevant federal law I've come across is USC title 1 ch 1 sec. 114, available at

http://www.law.cornell.edu/uscode/text/1/114

It says:

:In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance."

Incidentally, the seal of a Vermont officer, including a notary, may be a wax seal.