California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A California Notary Public receives a document with an acknowledgment certificate that uses wording from another state, specifically stating 'Sworn to and subscribed before me.' What should the Notary do to properly notarize this document for use in California?
- AProceed with the notarization using the existing wording, as it implies acknowledgment.
- BPerform a jurat instead of an acknowledgment, as the wording suggests an oath.
- CAttach a loose California acknowledgment certificate and complete it.
- DCross out 'Sworn to and subscribed before me' and write in the California acknowledgment wording.
Show answer & explanationAnswer & explanation
Correct answer: C. Attach a loose California acknowledgment certificate and complete it.
California law requires specific statutory wording for acknowledgment certificates. If a document contains non-compliant wording, especially wording that implies a jurat ('Sworn to and subscribed'), the Notary must attach a separate, correct California acknowledgment certificate. Altering the document is generally prohibited.
Why the other options are wrong
- A. Using non-compliant wording, especially one that mixes acknowledgment and jurat elements, can invalidate the notarization under California law.
- B. The request was for an acknowledgment. While the wording 'Sworn to...' suggests a jurat, the Notary cannot unilaterally change the notarial act requested. The correct approach is to provide the requested acknowledgment with proper California wording via a loose certificate.
- D. Notaries are generally prohibited from altering original document wording. This could be seen as unauthorized practice of law.
Non-Compliant Certificate Wording
If document wording for a notarial act does not conform to California statutory requirements, the Notary must attach a loose certificate with the correct wording.
- Notaries cannot alter original document wording.
- Specific wording is mandated for acknowledgments and jurats.
- Wording like 'Sworn to and subscribed' indicates a jurat, not an acknowledgment.
Memory trick: California Wording Only, Attach If Needed.