A change to California’s mandatory Notary certificate wording for acknowledgments, jurats and proofs of execution takes effect January 1, 2015, and Notaries in the Golden State who do not use the new wording will be out of compliance with state law.
Under Chapter 197, Statutes of 2014, the following consumer notification must be included as part of the notarial certificates:
“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.”
This notification must appear in a box at the top of the certificate, and it must be legible.
The notification seeks to reduce fraud by letting consumers know that the Notary’s seal and signature do not authenticate or endorse the contents of a document. The legislation’s sponsors wanted to make sure that people unfamiliar with a Notary’s duties would not be more inclined to trust a fraudulent document simply because it was notarized.
The NNA's New Law Updates database has an online summary and analysis of SB 1050.
Notaries and Document Preparers
California Notaries need to keep in mind that they will almost certainly come across documents that do not comply with the new wording requirements.
“We know from past experience that it takes a while for changes to California’s mandatory certificate wording to filter through to all the agencies, industries and business operations that prepare documents,” said Bill Anderson, the NNA’s Vice President of Legal Affairs.
Anderson said that Notaries encountering documents without the consumer notification will most likely need to attach a loose certificate because there won’t be enough room to insert the new wording so that it is legible and in a box.
Anderson also noted that county recorders will likely reject notarized documents that do not include the new certificate wording. If you continue to use old certificate wording after January 1, the California Secretary of State could fine you for violating state law, and you also could face civil liability.
Updated California Notary Certificates
To help our California Notary community, the NNA has updated the following Notary certificate forms we offer to be 2015 compliant:
- California All-Purpose Acknowledgment
- California Jurat with Affiant Statement
- California Proof of Execution by Subscribing Witness
These updated certificates comply with current law as well, so Notaries can purchase and use them right away.
NNA Member Benefit
We also have updated the certificate form available to NNA members online for free as a membership benefit. These 2015-compliant certificates are always available, so members can download and print them on demand.
To access them, login to your member profile at NationalNotary.org, click the “Notary Certificate Forms” under the Quick Links menu on the right. Then select “California” from the drop-down menu and download your forms.
Details and an analysis of the new certificate law are also available in the NNA’s Law Updates database. We also will continue to keep you informed on all matters that affect your Notary commission.
David Thun is the Assistant Managing Editor with the National Notary Association.