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 Re: "Trustee" missing in Acknowledgment in CA
Posted by VT_Syrup on 4/13/21 10:57am

States that have passed the Revised Uniform Law on Notarial Acts do at least strongly encourage, if not require, mentioning the representative capacity of the signer (if any) in the acknowledgement.

Vermont's version can be found at https://legislature.vermont.gov/statutes/fullchapter/26/103

"The short form acknowledgement certificate for a person signing in a representative capacity is:

(2) For an acknowledgment in a representative capacity:

State of Vermont [County] of _____________________________________

This record was acknowledged before me on __________ by ____________ Date ________ Name(s) of individual(s) ____________ as ______________ (type of authority, such as officer or trustee) of ________________ (name of party on behalf of whom record was executed).

Signature of notary public __________________

Stamp [________________________]

Title of office ____________ [My commission expires: ____________ ] "

The law also makes it clear it is the signer who is stating that he/she is an authorized representative; it isn't the notary who is certifying this:

'(1) "Acknowledgment" means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.'

Oregon, which has passed their version of the same law, has short form certificates with the same wording, but more legible, at

https://sos.oregon.gov/business/Documents/notary-forms/notary-certificates.pdf

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