CALIFORNIA NOTARY ACKNOWLEDGEMENT (PROOF OF EXECUTION BY SUBSCRIBING WITNESS)
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.
State of California
County of ______________
On __ (date), before me, __, the undersigned, a notary public for the State, personally appeared __ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of __ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. __ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard __ (name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ______________ (name[s] of principal[s]).
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)
QUESTION?
So, in what situation would you use this notarial certificate?
What documents cannot be notarized with this certificate?
Antonio, that disclaimer is required on all notarial certificates issued in California. However, because of reciprocity, other statesā noncompliant acknowledgments are excused from that rule. The gatekeepers are the California state and county clerks who will reject certificates without it. My guess is that the need for the disclaimer is to separate the notaryās role from the Notario, who has lawyer-like powers in Mexico.
Power of attorney, deeds, quick claim deeds, anything to do with real property. Iāve done a few of these, but itās been quite a while, and I canāt recall the actual assignment. But I do remember being contacted many years ago by someone looking for a notary to specialize in this form of notarization that apparently helped his business interest in some way.
Joe, understoodāand Iām not disputing the California requirement itself. Iām simply pointing out that this disclaimer is now being used more broadly, including in online notarizations. As a Remote Online Notary, Iām seeing this California-style statement appear in RON transactions, and just yesterday I noticed the same language on a New York certificate as well. So while reciprocity may excuse noncompliant acknowledgments, in practice the language is still showing up across states, including in the online space.
They say āeverythingā (good or bad) starts in California. However, California notaries canāt notarize from our basements yet, so I for one am RON clueless. Question: So can you remotely notarize a recordable document and itās accepted by your county clerk?
@ewing_joe Thank you for sharing this document - āProof of Execution by Subscribing Witnessā. In the state of FL, the verbiage āI certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correctā, this would trigger the usage of a loose FL Jurat Certificate. Under the FL statutes there are two types of notaries, one is a civil law notary publics and the other is a Notary Public. āThe Difference Between a FL Notary Public and Civil Notary Public
Well, Carl, Iām not buying it; all California acknowledgments contain the verbiage āI certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ā.So, how long have you been attaching Florida Jurats to California Acknowledgments, and how can you notarize that jurat?
I have no prior experience notarizing California acknowledgments. Should a situation arise where such a certificate is presented during a notarial act, my approach would be to thoroughly explain to both the hiring party or the involved company the specific provisions and limitations outlined within Florida statutes regarding acceptable notarial procedures. I would then clearly present the option of utilizing an approved Florida certificate as a viable alternative, ensuring that the decision of which certificate to use ultimately rests with the hiring company or the signer, allowing them to make an informed choice based on their specific requirements and legal considerations.
Given that we are engaging in a professional discussion amongst colleagues, the inclusion of the phrase āunder PENALTY OF PERJURYā immediately brings to mind the distinctions and nuances between a jurat verus an acknowledgment. Itās a terminology that, while commonplace in our field, could be misconstrued or misinterpreted when shared with individuals outside our specific professional circle, such as the general public or representatives from other companies who may not be as familiar with the precise legal terminology and procedures involved in notarial acts. Therefore, I would not feel comfortable discussing this particular phrasing with those outside of this professional peer group.
Iām not fully understanding Carlās concern with the statement, āI certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.ā If a notary is performing their duties correctly, the notary is certifying the notarial actānot the contents of the document. The signer is the one making the certification under penalty of perjury.
Additionally, please help me understand why a loose notarial certificate would supersede the wording contained within the document to which the notary is affixing their seal.
Iāve seen this type of verbose certificate in FL from a CA document. Two issues here; FL notaries cannot do āSignature Witnessing,ā and I cannot certify anything under the seal of another state other than Florida. I have always attached a FL loose-leaf Jurat and have had NO issues. With that said, when Iām doing estate documents (Will/Living Will, POA, etc.) in FL, witness signatures are notarized along with the principalsā signature in the notary certificate.
@Patricia Basically, I have seen other statesā notary stuff because, but I always check the important parts see to if it matches Floridaās certificates. Itās just easier and safer to stick with Floridaās approved forms when I see something from another state. I follow the āKISSā theory, I will never profess to know everything.
I get certificates like that in packages for CA property, but I always cross out CA and put in WA. And add the WA requirement of where I live and when my commission expires.
Iāve never had to provide a witness for anything I notarized that was CA property. Havenāt done hardly anything else. Did one today actually. But no witnesses. But all the CA acknowledgements say the notary is swearing they are following state law. That state is where i am though.
