Notary Terms
Acknowledgment
The acknowledgment form is set forth in Section 1189 of the
Civil Code. In the Acknowledgment, the notary public certifies:
1.That the signer personally appeared before the notary public on the date
indicated in the county indicated.
2.To the identity of the signer.
3.That the signer acknowledged executing the document.
Jurat
The second form most frequently completed by a notary public is the jurat. The
jurat is identified by the wording "Subscribed and sworn to" immediately above
the place where the notary public signs his/her name. In the jurat, the notary
public certifies:
1.That the signer personally appeared before the notary public on the date
indicated and in the county indicated.
2.That the signer signed the document in the presence of the notary public.
3.That the notary public administered the oath.
Subscribing witness
The requirements for proof of execution by a subscribing
witness are as follows:
1.The subscribing witness must be placed under oath or affirmation by the notary
public. (Civil Code Section 1197)
2.The subscribing witness must have been requested by the principal to get the
document notarized. (Code of Civil Procedure 1935)
3.The subscribing witness must be able to say, under oath, that he or she either
saw the principal sign the document or the principal acknowledged that he/she
signed the document. (Code of Civil Procedure 1935)
4.The subscribing witness must sign the document. (Code of Civil Procedure 1935
and Civil Code Section 1197)
5.The subscribing witness must personally know the notary public, or if the
subscribing witness does not personally know the notary, then his or her
identity must be established, or proved, by a third party. That third party must
personally know both the subscribing witness and the notary public. (Civil Code
Section 1196) That third party is called a credible witness.
6.The subscribing witness must sign the notary's official journal. (Government
Code Section 8206(a)(2)(C)
7.Since the subscribing witness must be personally known by the notary public,
paper identification cannot be used in establishing the subscribing witness'
identity. (Civil Code Section 1196)
Signature by mark
When the signer of an instrument cannot write (sign) his or
her name, that person may sign the document by mark. (Civil Code Section 14) The
requirements for signature by mark are as follows:
1.The person signing the document by mark must be identified by the notary
public by either personal knowledge or satisfactory evidence. (Civil Code
Section 1185)
2.The signer's mark must be witnessed by two persons who must subscribe their
own names as witnesses on the document. One witness should write the person's
name next to the person's mark and then the witness should sign his or her name
as a witness. The witnesses are only verifying that they witnessed the
individual make his or her mark on the signature line of the document. A notary
public is not required to identify the two persons who witnessed the signing by
mark or to have the two witnesses sign the notary's journal. Exception: If the
witnesses were acting in the capacity of credible witnesses in establishing the
identity of the person signing by mark, then the witnesses' signatures should be
entered in the notary's journal.
Powers of Attorney
A notary public can certify copies of powers of attorney. A
certified copy of a power of attorney that has been certified by a notary public
has the same force and effect as the original power of attorney. (Probate Code
Section 4307)
SOURCE: State of California/Notary
