I’m in Nevada and have a “newbie” question. Do I need to also complete a Jurat form/etc and attach it to a document I’ve notarized (such as a DMV acknowledgement, etc)
@emtcater As a baseline, just know that Requirements can vary from State-to-State.
As such, you’ll be best served by Reviewing the Notarial Handbook for your State to ensure you’re in compliance with the statutes & regulations.
At that point, if you’re still uncertain - Review the coursework from your Training & Certification program for additional specific details.
Finally, if you continue to be uncertain, reach out to your hiring entity and/or institution that will be receiving the document for filing in order to query regarding the manner in which they need the document executed & any specifics on the Notarial Certificates.
By following this process, you’ll ensure that you’re:
- In compliance with the Statutes & Regulations for your State
- Following the standards of practice
- Able to professionally provide accurate service
- Increasing your knowledge base for managing your business
I’m not a Nevada notary; I’m from Vermont. There is some information you could provide that might make it easier to answer.
Does the document you’ve started to notarize have notarial language on it already? If so, is the language correct for Nevada?
You ask about adding a jurat certificate, which is for an oath/affirmation. But you write about a DMV acknowledgement. But an oath/affirmation is a notarial act where the person who appears swears or affirms the information in the document is true. An acknowledgement is a different act where the person who appears acknowledges having signed the document for the purposes contained within the document. So which is it?
Just wondering … To become a notary public in Nevada, you had to complete an educational course and pass the exam by 80%. Notary | Nevada Secretary of State Did that course explain the difference between a Jurat and an Acknowledgement?
To help you, here’s a link to the Nevada Notary Public Handbook. Please study it thoroughly. This is your guide. Each state has their own notarial rules and regulations. What works for Texas or New York or Florida or Oregon may not be compliant for a Nevada notary. To be a good notary, we must each know our own state’s notary laws inside/out.
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No one can advise a notary what is required if they are not an attorney when it comes to using a jurat or an acknowledgement.
johnsonps306, I agree. But if the non-attorney notary can identify that the document already has a jurat or acknowledgement, the notary can decide if the wording is correct for the notary’s state, and if necessary, make corrections to the certificate or add a loose certificate.
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I suppose. WA State has forms for the Dept of Motor Vehicles where the acknowledgement is there. But you better have a very small stamp. I’m not familiar with other states.
Absolutely Accurate!
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Easy answer, if the document already contains a built-in acknowledgment, use it, that’s what it’s there for. The usual questions I see have to do with “Where do I put my stamp?”
OK, I answered your question. Now you can answer mine. Why in the world would you want to staple a certificate to a government form? Just asking for a rejection, I guess.
You will only notarize a certificate that is on the document and not attach anything additional. If the signer wants a document notarized that does not already contain a certificate, you must ask them which they prefer: an Acknowledgment or a Jurat. Then you can attach that notarized certificate to the document. The only other time you can attach would be if the certificate is not compliant for your state, and you would need to swap it out for your state-compliant Acknowledgement or Jurat. Please also note that you must administer an oath for each Jurat you are completing.
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Too often government forms are not compliant and would need to be corrected or replaced. One good example would be the Minor Application for US Passport. Not compliant for most states and have to be corrected or attached.
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My experience with that document is mixed. This is general notary issues that I am very familiar with. About half the calls I get are frustrated clients whose documents were rejected because the certificate was stapled to the document. The other half are travelers with minors. Those documents are never rejected by TSA or customs agents as long as the certificate is attached. The key question would be are you mailing this?
A loan signing I completed recently, the TC took issue with my stapling the certificates to their accompanying docs. I gently informed them of the glaring disclaimer box at the top of both California acknowledgments and jurats which read:
“A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.”
Also, the 2018 SOS Notary Public Newsletter, “Attach It! No Loose Certificates. Both the certificate of acknowledgment and the jurat must be endorsed on or stapled to the instrument, and taping or paper-clipping the certificate of acknowledgment or jurat to the document is not permitted.” That pretty much settles it for California Notaries Public.
OK, LK, when did you stop circling the pronouns? Imagine you’re about to package a loan. You just opened a FedEx envelope and loaded the contents onto your copier. Several minutes later, you hear a ripping noise, and the copier is literally eating the legals. Your only recourse is to call the notary and blame her for stapling all the certificates that now require a second trip to repair the damage. And that’s why I have a Jurat stamp. Used it many, many times; no complaints. Even the Secretary of State approves it for Apostilled documents.
A jurat stamp can work because jurat wording is short enough to fit directly on the document. But it only solves half the problem. A CA acknowledgment certificate can’t realistically be reduced to a stamp. You’d need room for the venue, date, signer info, the “personally appeared” language, notary signature line, commission expiration, seal impression, and now the mandatory disclaimer box, on top of whatever the document itself already has printed. Most loan docs don’t have that kind of margin to spare. So a jurat stamp doesn’t get you out of stapling loose CA acknowledgment certificates. It only solves the jurat side. BTW, I also have a jurat stamp and use it often.
On the copier issue, I get that it’s a real, unfortunate problem, and I’m not dismissing it. But whether it’s convenient for the person copying or scanning the package isn’t the same question as whether it’s legal. The law is clear that a loose certificate must be stapled, not taped or clipped. And the disclaimer box itself uses the phrase “the document to which this certificate is attached.” The attachment isn’t incidental, it’s baked into the statutory language the notary is required to display. That’s not something I can set aside because someone’s in a hurry loading a copier.
As for when I stopped circling pronouns: never. Years ago I got a call from a man who needed himself and his wife to have their signatures witnessed. Gave him the usual spiel. He showed up to the coffee shop alone and she’d already signed her part of the document. I asked him where she was and got a flimsy excuse. I kept it low-key and told him it wasn’t a problem at all, she could just have her signature witnessed at a more convenient time. Back then I made custom certificates for male, female, or multiple signers so there were no pronouns to circle, and I shortened the line for the signer’s name so only one name would fit on each version. The multiple signers version had a longer line. I knew that afterward she was going to try to sneak her name onto his certificate. I told the client no problem, she could have her signature notarized later, and pulled out the male certificate, since the one on his document wasn’t compliant anyway. The look on his face after his jaw dropped was priceless. I let clients know why I’m stapling a certificate to a document, and that it can be removed later. I don’t side-step notary law for someone else’s convenience. Why stop at stop signs or red lights when you’re the only car on the road? Because it’s the law.