California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A document signer presents a document for an acknowledgment. The Notary observes that the pre-printed acknowledgment certificate on the document omits the phrase 'personally appeared before me.' What is the most appropriate action for the Notary Public to take?
- ARefuse to notarize the document until the signer obtains a new document with the correct wording.
- BProceed with the notarization, as the omission is minor and implied by the Notary's signature.
- CCross out the incorrect wording and handwrite the correct phrase onto the certificate.
- DAttach a separate, correct California acknowledgment certificate form.
Show answer & explanationAnswer & explanation
Correct answer: D. Attach a separate, correct California acknowledgment certificate form.
California law requires specific wording for acknowledgment certificates. If the pre-printed wording is incorrect or incomplete, a Notary must attach a correct, loose certificate. Modifying the original document is generally prohibited for Notaries.
Why the other options are wrong
- A. Refusal is an option if attachment is not feasible or acceptable to the signer, but attaching a loose certificate is the primary solution to complete the notarization.
- B. The omission of a required phrase is not minor; it renders the certificate non-compliant and potentially invalid.
- C. Notaries should not alter documents presented for notarization, including pre-printed certificates, as this could be seen as unauthorized practice of law or tampering.
Incorrect Certificate Wording
If a document's pre-printed certificate wording does not comply with California law, the Notary must attach a separate, correct certificate.
- Notaries cannot alter pre-printed certificates.
- Must use a loose certificate with statutory wording.
- The loose certificate must be securely attached to the document.
Memory trick: Don't Alter, Just Attach a New Certificate.