California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A Notary Public is presented with a document for an acknowledgment. The signer has signed the document, but the pre-printed acknowledgment certificate on the document omits the phrase 'personally appeared before me.' What is the Notary's most appropriate action?
- ACross out the incorrect wording and handwrite the correct phrase onto the original certificate.
- BAttach a loose certificate containing the correct wording.
- CComplete the certificate as is, as the phrase is implied.
- DRefuse to notarize the document due to the defective certificate wording.
Show answer & explanationAnswer & explanation
Correct answer: B. Attach a loose certificate containing the correct wording.
California Notary law requires specific wording for acknowledgment certificates. If the pre-printed certificate omits mandatory phrases like 'personally appeared before me,' the Notary must attach a loose certificate with the exact statutory wording. Altering the original certificate is not permitted.
Why the other options are wrong
- A. California Notaries are prohibited from modifying pre-printed certificates by crossing out or adding wording, except for filling in blanks.
- C. The phrase 'personally appeared before me' is a mandatory element and cannot be implied; its omission renders the certificate non-compliant.
- D. Refusing to notarize is not necessary if the issue can be corrected by attaching a compliant loose certificate; the Notary should offer the correct procedure.
Acknowledgment Certificate Wording - Omission
If a pre-printed acknowledgment certificate omits mandatory statutory wording, the Notary Public must attach a loose certificate with the correct, complete wording.
- California law mandates specific wording for acknowledgments.
- Notaries cannot alter pre-printed certificates by crossing out or adding text (except filling in blanks).
- Attaching a loose certificate with statutory wording is the solution for non-compliant pre-printed certificates.
Memory trick: Don't fix the old, attach the new, that's the Notary's due.