Section 9: The Notarial Certificate Most documents contain a notarial certificate pre-printed on the document itself. The notarial certificate is a complete and accurate record of what occurred at the time of notarization, and must accompany every notarial act. Regardless of whether the notarial officer is a notary public, the certificate must:
If a notary public performs a notarial act regarding a tangible record, an official stamp must be affixed to the certificate near the notary public’s signature. It must be in a form that can be captured in a photographic reproduction. If a notarial officer other than a notary public performs a notarial act, and is signed and dated by the notarial officer, identifies the venue of the act, and contains the notarial officer’s title of office, an official stamp may be affixed to the certificate. A certificate of notarial act is considered sufficient if meets the requirements outlined above, and:
A notarial officer may not affix their signature or logically associate their signature with a certificate until the notarial act has been performed. A certificate shall be part of, or securely attached to, a tangible record for which an act is performed. A certificate shall be affixed to, or logically associated with, an electronic record for which an act is performed. If the department has established specific standards for attaching, affixing, or logically associating the certificate, the process used must conform to those standards. A certificate may also contain any other information required to satisfy legal requirements, ethical or legal concerns, or the specific business needs of the parties to the transaction. The notary should make a habit of inspecting closely three standard items on the notarial certificate BEFORE notarizing a document:
The date should be checked to ensure the date is the actual date of notarization. If the signer has mistakenly written the wrong date by his signature, strike through the date, write in the correct date, and initial the change BEFORE notarizing the document. In Pennsylvania, the “Commonwealth of Pennsylvania” may be used in lieu of “State of Pennsylvania” on certificates of a notarial act. Look for the key words “acknowledged” or “sworn to.” This will determine the kind of notarial act to be performed. Some documents may not contain a prepared notarial certificate, in which case the signer must instruct the notary which notarial act is required. The notary may not instruct the signer which type of act is required. Additionally, make sure that the notarial certificate is securely attached through a stable, grommet or other manner by which to bind to the tangible record. Securely attaching a document does not include the use of tape, paperclips or binder clips. Many people believe that a notary does nothing more than witness signatures. However, it is not enough to just verify that the person standing before you signing a document is actually the person he/she claims to be. The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries deter fraud when they perform their duties with diligence and obey the laws governing their duties. The most basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be physically present at the time of the notarization. There are two main notarial acts that can be performed when the notary public is witnessing a signature. The notary can take an acknowledgment from the signer or can administer an oath (affirmation) to the signer. It is very important to understand the difference between the two. However, regardless of the notarial act the notary performs, an acknowledgment or affidavit, the notary’s role remains one of public servant and impartial witness. Whichever form is used, it must be completely filled out at the time the notary’s signature and seal are affixed. The Acknowledgment The acknowledgment is the most commonly used form of notarial act. A document that requires an acknowledgment contains a prepared notarial certificate that contains the word “acknowledged.” When a person makes an acknowledgment, the signer must personally appear before the notary and affirm that he/she signed the document. The signer does not need to sign the document in front of the notary. In an acknowledgment, the notary public is certifying:
It is the notary’s responsibility to ensure that the signer understands the document and that he/she has placed his/her signature on the document voluntarily without coercion of any kind from any source. If the notary feels in any way that this is not the case, the notary should refuse to notarize the document and, if appropriate, refer the signer to an attorney for legal advice. The notary may ask the signer, “Do you acknowledge this is your signature and that you are executing this document of your own free will?” The notary is also responsible for comparing the signature on record with the signature of the of the individual‘s presented identification. Note: The document’s date on an acknowledgment should either precede the date of the actual notarization or is the same as the date of the notarization, but should never be AFTER the actual date of notarization. Administering an Oath or Affirmation Another frequently performed notarial act is the administration of an oath or affirmation. This act can be easily identified through inclusion of the words, “subscribed and sworn to” (or “affirmed”) on the form. It is unacceptable to administer an oath or affirmation to a document mailed or otherwise delivered to a notary public whereby the signer did NOT personally appear, take an oath, and sign in the presence of the notary public. In administering an oath or affirmation, a signer must sign the document in the notary's presence and vouch under oath (or affirmation) that the statements made in the document are true. Verification of an Oath (Affirmation) In verifying an oath or affirmation, the notary public is certifying:
When a document signer is required to make a sworn statement about certain facts, there is a verbal exchange between the signer and the notary. An oath (or affirmation) can be administered by the notary public simply asking the signer, “Do you swear that the information contained in this document is true?” When the signer answers in the affirmative, the document can be properly notarized. Witnessing or Attesting a Signature When witnessing or attesting a signature, the individual signing the record must personally appear before the notary public, and the notary must have personal knowledge or satisfactory evidence of the signer’s identity. During a witnessing or attestation, a record, containing a signature that is being witnessed, must be signed in the notary’s presence. The record may not be signed after the witnessing or attestation of the signature. The notary must verify that the signature on the record matches the signature of the individual on the identification presented. Witnessing or attesting a signature is different from an acknowledgment, in that the party relying on the record may know for certain that the record was signed on the same date that the notary affixed the official seal and signature to the document. Witnessing or attesting a signature is different from a verification on oath or an affirmation in that the signer is only signing the record, not swearing or affirming that the contents of the record are true. Note: The document’s date on a affidavit must match the actual date of notarization. Certified or Attested Copies and Depositions Notaries may issue a certified copy of the following documents:
Photocopies of paper records (made by the requestor or notarial officer) must be compared to the original document to verify that the duplicate is a complete and accurate reproduction of the original. Electronic records must also have the copy compared to the original to ensure that an accurate transcription or reproduction has been made. The notarial officer shall examine the record for any indications of altering or tampering, and to ensure that they have the original record, and not a copy or photocopy. In issuing a certified or attested copy of an original document, the notary does not guarantee the authenticity of the original document, its contents or effects. If the record in question is intended to be sent overseas or will require an apostille or certification by the U.S. Department of State or Pennsylvania Department of State, that record must be certified by the office where the original/official copy of the record is maintained or through the public official who issued the record. A notary cannot issue a certified copy of:
A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person who is authorized to administer oaths. This is a rare occurrence outside of banking and financial institutions. The protest must contain information that is satisfactory to the person requesting it and must:
Here we have provided sample certificates to be used in proper notarizations. For an acknowledgment in an individual capacity:
State of
County of This record was acknowledged before me on (date) by (name(s) of individual(s)) Signature of notarial officer (Stamp) Title of office My commission expires: For an acknowledgment in a representative capacity:
State of
County of This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority, such as officer or trustee) Signature of notarial officer (Stamp) Title of office My commission expires: For an acknowledgment by an attorney at law pursuant to 42 Pa.C.S. § 327 (relating to oaths and acknowledgments)
State of
County of This record was acknowledged before me on (date) by (name of attorney) Supreme Court identification number as a member of the bar of the Pennsylvania Supreme Court and subscribing witness to this record, certified that he/she was personally present when (name(s) of individual(s)) executed the record and that (name(s) of individual(s)) executed the record for the purposes contained therein. Signature of notarial officer (Stamp) Title of office My commission expires: For a verification on oath or affirmation:
State of
County of Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) making statement Signature of notarial officer (Stamp) Title of office My commission expires: For witnessing or attesting a signature:
State of
County of Signed (or attested) before me on (date) by (name(s) of individual(s)) Signature of notarial officer (Stamp) Title of office My commission expires: For certifying a copy of a record:
State of
County of I certify that this is a true and correct copy of a in the possession of Dated Signature of notarial officer (Stamp) Title of office My commission expires: For certifying the transcript of a deposition:
State of
County of I certify that this is a true and correct copy of the transcript of the deposition of Dated Signature of notarial officer (Stamp) Title of office My commission expires: Making Corrections If it is necessary to correct information already printed in the notarial certificate, i.e., the date or the name of the person whose signature is being notarized, do not use correction fluid. Simply mark through the incorrect information and make the change before you complete the notarization and initial the change. Once you "complete" the notarization and return it to the document signer, you may not amend your certificate. For instance, if you forgot to state the type of identification or affix your seal and the document is returned to you on a later date by the receiving party, you may not correct your error. The document will require renotarization, which includes the presence of the document signer. It is important that you do not use white out or tamper with the document in any way. Section Review
|