Much as I dislike the notary laws in California, I have to give them credit for one thing: usually, when they make a statement in their notary manual, they list the section of law the statement is based on. The Oregon manual doesn't do that, so it would take at least an hour of research to figure out what passages in the Oregon laws and rules apply. I've never seen a state that claims its notary manual is officially binding, it's just a summary of the law and rules, and the notary is required to follow the law and rules, not the manual.
Along with Oregon, my state, Vermont, has also adopted the Revised Uniform Law on Notarial Acts (although each state makes a few changes here and there). As I understand the VT law, I have two choices when writing a certificate.
1. I can use the short forms given in the law, EXACTLY. Nothing left out, nothing added, no messing with the order. (That's pretty hard to do, because the typesetting in the statute is bloody awful, so some interpretation is required.)
2. I can write out all the things I did to comply with the law. I have to say I did each of the things that is required. For example, I have to say that I checked the ID when I took an acknowledgement. But I can list things in any order, and add extra things to. For example, I could list not only the date, but the time of day, if I felt like it.
So suppose I choose option 2, and I use my stamp which has the name on my commission, "Gerard Ashton". But in a blank for my name, I write "Gerry Ashton". The certificate has all the minimum information. It's legal. But it also has extra information, my nickname, Gerry. I don't believe extra information makes it illegal.
But adding a version of a name that isn't the name that appears on the notary commission is not a good practice, because people who work in government offices often have a mindset of trying to find a reason to reject something, rather than trying to find a way to accept it.
By the way, in the Vermont law, I can't find anything that says I have to write my name in exactly the same way that it appears on my commission. It just says I have to put my name on my stamp, and if I don't use a stamp, I have to print it in the certificate. |
