FAQs
The Different Notarial Acts
Acknowledgments
An acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of notarization to be positively identified and to declare (“acknowledge”) that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect exactly as written.
Jurats
A jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. (An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one’s personal honor.) A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful.
Certified Copies
A copy certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of original document.
Each state and U.S. territorial jurisdiction adopts its own laws governing the performance of notarial acts. While these different notarial laws are largely congruent when it comes to the most common notarizations, namely acknowledgments and jurats, there are unusual laws in a number of states. In the state of Washington, for example, certification of the occurrence of an act or event is an authorized notarization. And in Maine, Florida and South Carolina, performing a marriage rite is an allowed notarial act.
The Parts of a Notarization
The Notary’s screening of the signer for identity, volition and awareness is the first part of a notarization.
The second part is entering key details of the notarization in the Notary’s “journal of notarial acts.” Keeping such a chronological journal is a widely endorsed best practice, if not a requirement of law. Some states even require document signers to leave a signature and a thumbprint in the Notary’s journal.
The third part is completing a “notarial certificate” that states exactly what facts are being certified by the Notary in the notarization. Affixation of the Notary’s signature and seal of office on the certificate climaxes the notarization. The seal is the universally recognized symbol of the Notary office. Its presence gives a notarized document considerable weight in legal matters and renders it genuine on its face (i.e., prima facie evidence) in a court of law.
Q: How do I get something notarized during California's Covid-19 restrictions?
A: During this unprecedented time, those seeking notarization may do so safely by contacting a mobile notary. Mobile notaries are individual notaries who travel to a customer's location to perform notarizations. When a mobile notary arrives at an agreed-upon location, they may practice physical distance while observing a customer sign a document. All California notaries public may consider the following guidelines to assist in maintaining proper social distancing:
When you arrive at the customer's location or an individual appears before you, let them know that you want to maintain a safe distance to adhere to CDC guidelines.
From a safe distance, verify the identity of the individual appearing before you.
From a safe distance, perform the notarial act, including all journal entries.
After you have made your journal entries, you may wish to step back to a safe distance while the individual signs your journal and enters their thumbprint, if needed, while still maintaining control and direct line of sight of your journal.
Once the notarization is complete, return the notarized document back to the customer.
Q: What do I need to bring with me to the signing?
A: You will need to bring one of the following forms of approved identification, must be valid and/or issued within the previous 5 years.
State Issued Drivers License or ID Card (Canada or Mexico licenses accepted)
Military ID (caution: current military identification cards might not contain all the required information)
Inmate identification card from the CDCR or Sheriff's department, if the inmate is in custody
Passport or Employee ID from an agency or office of the State of California, or by an agency office of a City or County in California
For a detailed list see "Identification" in the Notary Handbook. Or get in touch with me and I can help you figure out if you have what you need.
Q: I don't have an acceptable ID. Can I still have a document notarized?
A: In most cases, yes. If you are not in possession of any of the types of identification listed, or it would be excessively difficult for the document signer to obtain them, two additional persons who do have acceptable identification may be present who will swear to the signer's identity. The two individuals must be over the age of 18, have valid identification available for inspection and recording in the notaries journal and must swear or affirm, under penalty of perjury, that they personally know the signer. They will also need to be present at the time of witnessing and sign the notary journal.
Q: Does notarizing a document make it truthful and correct?
A: No. Notarizing a document only validates that the signer personally appeared in front of the notary and subscribed or affirmed to the truthfulness of the document, while also proving their identity. The Notary Public has no authorization to state that a document is official, true or correct.
Q: Can California Notaries Public perform a notarial act without the physical appearance of the signer (Remote Online Notarization)?
California Notaries Public Cannot Perform Notarial Services Online: Online webcam notarizations are invalid and illegal activities for California notaries public.
California notaries public should beware of misleading information from private companies claiming to have legal online notarization websites and legal online notarization services. Web-based platforms that purport to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public (e.g., appearance via webcam) do not meet the requirements for notarization by California notaries public.
California notaries public are authorized under current law to perform electronic notarizations as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public. A video image or other form of non-physical representation is not a personal appearance in front of a notary public under California state law. Technology solutions from private companies offering online notarial services do not meet the requirements for notarization by California notaries public.
Q: The document I need notarized requires that multiple people sign, but we all work different schedules. Do we all need to be present at the same time?
A: No not at all. All signers can appear at different times.
Q: I was sent a document from out of state. Can this document be notarized by a California Notary?
A: Most of the time they can. As a commissioned Notary Public in California, I can notarize a document anywhere within the state of California. That California location will be considered the "venue" of the signing.
Q: Can you notarize at the beach, in my office, in a barn, on a field, in a jail, at a hospital?
A: Yes, I can! I can travel to most any location you are comfortable with and that is convenient for you as well.