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Posted by smithmorgan on August 24, 2024 at 8:21pm 0 Comments 0 Likes
Qualifying the document and completing the notarization process must assume that the notary has scanned the entire document. A California Notary must refuse to notarize any document that is known to be suspect, incomplete or inaccurate. If the person present does not allow the notary to scan the document, the notary will refuse to complete the notarization.
Please note: In determining what type of notarial act the document to be notarized must have, the proper notarial wording MUST BE preprinted, allowing the notary to determine the proper action. Mobile Notary Services Bethesda
PLEASE NOTE: A NOTARY PUBLIC IS NOT AN ATTORNEY AND MAY NEVER INSTRUCT, ADVISE, OR INFORM THE DOCUMENT Signer AS TO WHAT TYPE OF NOTARIZATION IS NEEDED.
To advise in any way constitutes the unauthorized practice of law AND IS ILLEGAL. If the document lacks the proper notarial wording, the document Signer MUST be able to communicate what type of notarization he/she wish to perform. If he/she is unsure, it is the Signers responsibility to contact the document’s receiving agency to determine which type of notarization is necessary.
Types of Notarization
AKNOWLEGMENT: Positive identification of the Signer
Civil Code 1189 Certificate of Acknowledgement
Effective January 1st, 2006, the California Certificate of Acknowledgment must be in the exact form set forth in Civil Code section 1189. Be advised that an acknowledgment is typically executed on deeds and other documents that will be publicly recorded by a county office. An acknowledgment is to merely confirm the identity of the document Signer and acknowledge that he/she signed the document.
Rules for Acknowledgement Signing:
Rule 1: Documents may already be signed. The Signer must be present to acknowledge the signing.
Rule 2: The document may have an effective date, or no date at all.
Rule 3: The document date signing may be the same/before the date of notarization, but NEVER after.
Please be advised the fee for each acknowledgement is $10.00 per signature. If additional Signers are not present to have their signatures notarized, it will be necessary for the notary to complete the notarization for the Signer that IS present. A notarization must take place at ONE time on ONE day, and NEVER over a period of days.
Please note: When an ID card is the basis for identifying a Signer, the name on the card MUST match the name as it appears on the document. The signature and the document MUST identify the Signer with SAME words or fewer, but NEVER more.
Please note also: The document date of signing MUST be the same as the date of notarization, BUT, in the case of an acknowledgement the date may be prior to the date of the notarization.
Jurat: Requires the notary to compel the Signer to be truthful by placing them under an oath or affirmation.Jurat means he or she swears. An oath is a pledge to a supreme being: God. An affirmation is when one pledges on one’s own honor. Please be advised that failure to administer an oath or affirmation is punishable by law. In executing a Jurat, if the document contains the Signers age or date of birth, or the Signer’s photograph or fingerprints, the Notary must require the Signer to verify the birth date or age by showing a certified copy of of the Signer’s birth certificate or a drivers licence issued by the Department of Motor Vehicles. Reference Government Code Section 8230.
Government Code Section 8202
Effective January 1st, 2008, the identity of the Signer may no longer be established by personal knowledge. Satisfactory evidence must be used to identify the Signer in accordance with Civil Code Section 1185.
Rules for Jurat Signing:
Rule 1: Signer must personally appear.
Rule 2: The document Signer must be properly identified.
Rule 3: The Signer must sign the document in the presence of the Notary.
Rule 4: The Signer must take an oath or affirmation.
Rule 5: The date on the document must be the same date that the Notarization is being performed.
Rule 6: Jurat forms must be attached to all affidavits subscribed and sworn to before a Notary.
Rule 7: The Signer must subscribe and sign.
Please be advised the fee for each Jurat is $10 per signature. This is the second most common notarial act in which the Notary administers an oath or affirmation to the signer. Often found on Affidavits; parents authorizing permission for care of their children in a medical emergency or statements verifying income usually found in loan documents. Local Mobile Notary Bethesda
Please be advised that proper Notarial wording must be pre-printed on documents or a loose Notarial Certificate must be added. However, Jurat notarizations DO NOT prove a document is true, legal, valid or enforceable. Furthermore, if the Signer is not sure of the type of notarization needed, it is the responsibility of the signer to contact the document’s receiving agency or law firm for clarification.
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