Notaries are asking questions about navigating California’s new notarial certificate wording on documents sent between California and other states.
The NNA answers three of your most common concerns below:
Q
If I’m notarizing a document in California but it’s going to another state, do I still use the California certificate wording — or can I complete an out-of-state Notary certificate?
The answer depends on the notarial act you perform. 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.
Q
I’m a Notary commissioned outside of California and I’ve been asked to notarize a signature on a document that will be filed in California. Do I complete the notarization using the new California certificate or my own state’s wording?
The answer depends on your state’s Notary laws. In general, most states have a law that says the certificate presented to the Notary must "substantially comply" with any notarial certificate forms contained in state law. If the California form does not substantially comply, you should instead attach and complete a loose certificate that abides with all of your state laws.
Notaries in other states who choose to use the new California certificate wording should also be aware it includes a consumer notice, stating the Notary verifies only the identity of the individual who signed the document — and not the truthfulness, accuracy or validity of the document. In addition, the California acknowledgment certificate requires a Notary to certify under penalty of perjury (under California law) that the information in the certificate is true. Many Notaries outside of California have expressed reservations about signing an acknowledgment form under California’s penalty of perjury laws, and have attached their own forms.
Q
If I’m asked to notarize a signature on a power of attorney document sent between California and another state, do I complete the notarization using the new California wording?
While a power of attorney is certainly an important document, Notaries — whether commissioned inside or outside of California — should treat it just as they would any other document and apply the same principles for completing the notarial certificates on the documents.
Bill Anderson is Vice President of Legislative Affairs with the National Notary Association