Vermont has passed the Revised Uniform Law on Notarial Acts, as have several other states. That law states
'“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.'
That means a signer who is representing another person or entity must say that he/she is authorized to act as a representative, or the notary must ask and the signer must say yes.
The law also provides different short form certificates, depending on whether the signer signed on his/her own behalf, or signed as a representative. I think it's a reasonable inference that if one is using a longer certificate made up by the notary, the title company, or whoever, it must distinguish whether the signer was a representative or not.
The California certificate is designed to be used whether the signer is a representative or not. I don't think that's acceptable in my state. |