A Notary Public is presented with a document containing a completed notarial certificate for an acknowledgment that deviates from the exact wording required by California law. The signer is present and has properly identified themselves. What is the Notary Public's appropriate action?
- AAffix the seal and signature directly below the existing certificate, as long as it substantially complies.
- BStrike out the incorrect wording and write in the exact wording required by California law, then proceed.
- CAttach a correct, complete notarial certificate for an acknowledgment and proceed with the notarization.
- DRefuse to notarize the document because the certificate wording is not precisely correct.
Show answer & explanationAnswer & explanation
Correct answer: C. Attach a correct, complete notarial certificate for an acknowledgment and proceed with the notarization.
California law requires specific wording for acknowledgment certificates. If the certificate on the document deviates from this wording, the Notary Public must attach a loose certificate with the exact, correct wording. Striking out and writing in changes is generally not allowed for entire certificates, only for minor corrections. Refusing outright is unnecessary if the issue can be corrected by attaching a new certificate.
Why the other options are wrong
- A. Substantial compliance is not sufficient for California's strict wording requirements; exact wording is needed.
- B. Striking out and writing in major changes to a certificate is generally not permitted; a new certificate should be attached.
- D. Refusal is not necessary; the Notary can resolve the issue by attaching a new certificate.
California Notarial Certificate Wording
California law mandates specific, exact wording for notarial certificates, especially for acknowledgments and jurats. Any deviation requires the Notary to replace the incorrect certificate with a compliant one.
- Exact wording is required, not 'substantial compliance'.
- If existing certificate is incorrect, attach a loose certificate with correct wording.
- Notary must ensure the attached certificate is securely affixed and referenced in the journal.
Memory trick: Wording must be exact, like a recipe; if wrong, add the correct one.