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Hotline Tip: Notarizing A Document That Will Be Sent Out Of State

NNA Hotline Tips For NotariesWhen you're notarizing a document that will be sent to another state, don't confuse yourself with that state's requirements.

Notaries must always follow their own state's laws. Federal law requires each state to recognize the official notarial acts of all other states, even if they differ from their own. Procedures used by a Notary in one state cannot be rejected by another just because they don't have identical statutes or procedures.

However, you must be careful if asked to notarize a document with out-of-state certificate wording. California Notaries, for example, may use a Wisconsin acknowledgment for a document going back to Wisconsin. But they must be careful not to certify a signer's capacity or role. California Notaries also aren't allowed to use out-of-state jurat wording.

4 Comments

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Cindy

23 Sep 2015

If I am notarizing a document without California notarial wording and the document is going to another state, may I use their wording? Or do I always need to attach a California Acknowledgement? I was told in class if the document is not staying in the state I can notorize it with their wording.

National Notary Association

24 Sep 2015

Hello. If a California Notary is taking an acknowledgment that will be filed in another state or jurisdiction of the United States, the Notary may complete another state’s acknowledgment wording that is preprinted on the document, provided the form does not require the Notary to certify a signer’s representative capacity or make other determinations prohibited by law. If the California Notary is performing a jurat or proof of execution, however, a California jurat or proof certificate with the new consumer notice must be used, regardless of whether the document is filed in California or in another state. For more information, please see: http://www.nationalnotary.org/notary-bulletin/blog/2015/02/q-a-how-to-ca-notary-wording

Alisha Hawkins

21 May 2016

My boyfriend's mom want me to notarize a document in mississpi an affidavit. She didnt gibe me any details about what is going on. She is a notary as well but won't sign it herself. Should I notarize the document?

National Notary Association

23 May 2016

Hello, Mississippi law states that a Notary may not notarize if the Notary is "a spouse, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives and other persons residing in the same household." (MAC Rule 5.2) However, even if your boyfriend's mother does not fit into these categories, if you are concerned that the notarization might be questioned because of your relationship, you can suggest she find another Notary instead with no relationship to her or interest in the document.

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