Hi all, if you have a signer signing with a title for example; Manager of an LLC or other company. Do you ask to see something showing the proof of their position with the company they are signing for?
Thoughts?
What kind of proof would you expect them to have?
It is not our job to verify their position or title for whatever trust, corporation or entity they belong to or represent.
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It depends on what state gave you your notary commission.
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In California, notary is not allowed to certify capacity. So, no, I don’t ask for verification/proof.
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@RiaDawn Great question, I would suggest the following: 1. Check your state’s statutes. 2. If you are being hired by a mortgage company, get clarification on their expectations if additional identification is required. This is outside of the scope of your question, but for Florida there are specific notarial certificates for various types of purpose, for instance there is a corporate or partnership. Again every state has their own requirements.
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Sometimes thete is a document stating their position/capacity for them to sign. They, then are stating their capacity and authority to act.
I agree it is not up to the notary to determine capacity.
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That requirement is state specific. In California we are not allowed to determine capacity. Technically if our certificate contains any description of the signer’s capacity we should either issue a new Acknowledgement or Jurat or strike through the verbiage on the original certificate and initial. We can notarize non-confirming Acknowledgements but Jurats must have the proper text on the certificate. When it comes to the signer’s signature, there are usually instructions whether or not to include the capacity. Our certificates are our responsibility.
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