A Notary Public is presented with a document for an acknowledgment. The signer has signed the document, and the Notary has verified their identity. The pre-printed acknowledgment certificate includes the phrase 'and acknowledged to me that he signed the same for the purposes therein contained.' What is the Notary's appropriate action?
- AUse the certificate as is, as it substantially conforms to California law.
- BRefuse the notarization because the wording is not exactly as prescribed by law.
- CAttach a new loose certificate with the exact statutory wording.
- DCross out the phrase 'for the purposes therein contained' and initial the change.
Show answer & explanationAnswer & explanation
Correct answer: A. Use the certificate as is, as it substantially conforms to California law.
California law requires an acknowledgment certificate to 'substantially conform' to the prescribed wording. The phrase 'and acknowledged to me that he signed the same for the purposes therein contained' includes the essential element of the signer's acknowledgment of execution and is considered to be in substantial conformity with the statutory requirement.
Why the other options are wrong
- B. Refusal is not necessary when the wording substantially conforms to the legal requirements.
- C. Attaching a new loose certificate is only necessary if the existing wording is critically non-compliant and cannot be corrected to substantially conform.
- D. Modifying wording that substantially conforms is unnecessary and could potentially alter the meaning without legal justification.
Acknowledgment - Substantial Conformity
An acknowledgment certificate must 'substantially conform' to the wording prescribed by California law. This means the wording must contain all essential elements, even if not phrased identically to the statute.
- Exact wording not always required.
- Essential elements must be present.
- Notary assesses if core meaning is conveyed.
Memory trick: The 'Certificate' needs to be 'Close Enough' to the 'Law', not 'Perfect'.