California Notary Public ExamJuratsHard

A Notary Public is completing a jurat certificate for a document. The document provided by the signer has a pre-printed certificate that uses the wording 'Subscribed and sworn to before me this _______ day of _______, 20____, by __________.' The Notary Public notices that the phrase '(or affirmed)' is missing. What is the Notary Public's appropriate action?

  1. ARefuse to perform the jurat because the certificate wording is not exactly statutory.
  2. BStrike through 'sworn to' and write in 'affirmed' if the signer chooses an affirmation.
  3. CUse the certificate as provided, as 'sworn to' implies an oath.
  4. DAdd the phrase '(or affirmed)' next to 'sworn to' on the certificate.
Show answer & explanation

Correct answer: D. Add the phrase '(or affirmed)' next to 'sworn to' on the certificate.

California Notary law requires specific statutory wording for jurat certificates, which includes '(or affirmed)'. If this phrase is missing, the Notary Public must add it to ensure the certificate accurately reflects the possibility of an affirmation and complies with legal requirements.

Why the other options are wrong

  • A. The Notary can correct the certificate wording by adding the missing phrase, rather than refusing the act entirely.
  • B. Striking through 'sworn to' is incorrect; the option for affirmation should be added, not replaced.
  • C. The certificate wording must strictly adhere to statutory requirements, including the 'or affirmed' option.

Jurat Certificate - Statutory Wording

California Notary Public law mandates specific, exact wording for jurat certificates, which includes the phrase 'Subscribed and sworn to (or affirmed) before me...' to cover both oaths and affirmations. Any deviation requires correction by the Notary.

  • Strict adherence to statutory wording.
  • Must include '(or affirmed)'.
  • Notary must correct omissions or errors.

Memory trick: Statutory words are the law, add 'or affirmed' without a flaw!

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