Posted by pat/WA on 9/20/13 9:56am
Msg #485284

capacity

When a signer is named in the acknowledgement as being a corporate officer what identification do you ask for that confirms his position?

Reply by Saul Leibowitz on 9/20/13 10:56am
Msg #485302

I am not suggesting that you state capacity in a notary's certification; however, on all business dealings where someone signs with corporate capacity [whether rwriting it out or signing on a line marked Treasurer, for example] the signer of the document should have a corporate resolution showing his/her authorization as officer or director and authority to sign the lease, deed, whatever.
Hope this helps; I think it is sideways to your point.

Reply by SharonMN on 9/20/13 12:54pm
Msg #485333

You take their word for it. If the person or entity receiving the document wants proof that the signer truly is an officer of the company and has authority to sign, they can request a certificate from the company's corporate secretary (you as the notary would have nothing to do with that part). I'm both a notary and a corporate secretary so I send out such certificates all the time. For example, somebody might sign a request for withdrawal from a bank account, and they can have their signature notarized, but the bank will still want assurance from the company the bank account belongs to that the person is authorized to make withdrawals from the company's account.

Reply by DebraOro/CA on 9/20/13 10:56am
Msg #485303

You want to request a copy of the "Articles of Incorporation", specifically that part of the articles that name specific people that have the capacity and/or the authorization to sign for the corporation. If the form is to be recorded: the copy of the articles must accompany the form.

Reply by Yoli/CA on 9/20/13 11:21am
Msg #485310

Re: capacity - to DebraOro/CA

In CA, notaries are not allowed to certify capacity. We, therefore, would not be requesting ANY proof of capacity. That is between lender, Title and borrower(s). Further, our certs would not state capacity.

Reply by DebraOro/CA on 9/20/13 11:32am
Msg #485313

Re: capacity - to Yoli/CA

Thank you Yoli,
You are absolutely correct. As a Notary working in Title or Escrow, I would need a copy of any document that is recordable to be accompanied by the Articles of Incorporation.
Thank you for the correction, I answered too quickly, I should have read the question twice.

Reply by Marian_in_CA on 9/20/13 11:59am
Msg #485322

Re: capacity - to Yoli/CA

"As a Notary working in Title or Escrow, I would need a copy of any document that is recordable to be accompanied by the Articles of Incorporation. "

Actually...no, in no shape or form should the "notary" ask for anything related to capacity. Per CA law we not even allowed to ask about this, much less certify.

Reply by Linda_H/FL on 9/20/13 11:01am
Msg #485304

In Florida - none - we are to take them at their word n/m

Reply by pat/WA on 9/20/13 11:31am
Msg #485312

Washington we take their word for it

Just checked the Washington Notary Law Primer. We take their word for it.

Reply by Tim Cameron on 9/20/13 12:24pm
Msg #485329

Re: Washington we take their word for it

You are notarizing a signature, verifying the validity of that signature is the job of the Lender and Title......

Reply by Karla/OR on 9/20/13 11:49am
Msg #485317

In Oregon: "The notary must have proof IF the certificate requires it, through wording like "known to me to be" or "as". Documentation is via personal knowledge, documentary evidence, or oath of a third party. If no documentation is available, call or go online to Corporate Division Business Registry Section.