RE: Web Form - Business Programs Division, Notary Public - Acknowledgment Verbiage
SECRETARY OF STATE
Notaries@sos.ca.gov <notariesmail@sos.ca.gov>
Jul 8, 2014, 9:04 AM
to me
Dear Ms. Reinhold,
Thank you for contacting our office regarding the duties of a notary public.
California law requires a certificate of acknowledgment to have the language set forth in statute. (California Civil Code sections 1188 and 1189.) Forms with the correct language are available on the Secretary of State website at www.sos.ca.gov/business/notary/.
Secretary of State staff continue to discover notaries public who have used outdated forms or have failed to establish signers' identity by satisfactory evidence. It is critical that the correct wording as prescribed in current law is used when completing a certificate of acknowledgment.
Legal staff has advised that a notary public may personalize or customize the certificate of acknowledgment as limited and described below:
The certificate of acknowledgment contains (s), (ies) and words separated by slashes: "person(s)", "is/are," "he/she/they," "his/her/their," "signature(s)" and "capacity(ies)". The notary public may personalize or customize the certificate of acknowledgment by including for example, only "are", " they" or " their" depending on the circumstances of the notarization. The notary public can specify by circling what is applicable or lining out what is not applicable. Only language which appears in () or separated by slashes can be personalized or customized to fit the specific notarization. For example, a notary public may circle or line out the (s) or (ies) which do not apply or the notary public may create a certificate of acknowledgment in the form required by California Civil Code section 1189 which specifies if the signer is a man, woman or group ("he", "she", "they") or if there are multiple signers or signatures ("signature" or "signatures").
No language can be added to the certificate of acknowledgment other than to complete the blanks where indicated for the county, date, name and title of the notary/officer and name of signer(s). The certificate of acknowledgment must have all of its parts, venue, text, signature and seal as they appear in California Civil Code section 1189. For example, the following certificate of acknowledgment would be acceptable under California Civil Code section 1189 with the blanks completed properly and including the signature and seal of the notary/officer:
State of California
County of _____________)
On _________ before me, __________ (insert name and title of the officer) personally appeared_______________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ Seal
If you have additional questions, please let us know.
Sincerely,
Notary Public & Special Filings Section |
