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The following article was published in our article directory on April 20, 2015.
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Article Category: Advice
Author Name: Asher Stefani
A modification to California's necessary Notary certificate phrasing for acknowledgments, jurats as well as proofs of execution takes effect January 1, 2015, and Notaries in California that do not utilize the required phrasing will not comply with the state regulation.
Under Chapter 197, Laws of 2014, the following public notice needs to be part of the notarial certificates:
"A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
This notice needs to be in a box at the top of the certificate, and must be legible.
The notice looks to minimize fraudulence by allowing customers recognize that the Notary's seal as well as signature do not validate or endorse the document content. The regulations sponsors would like to ensure that individuals not familiar with a Notary's responsibilities would not be more likely to rely on an illegal document due to the fact that it was notarized.
California Notaries should bear in mind that they will almost definitely encounter documents that do not abide abide by the new phrasing required.
If you have to use the old certificate phrasing after January 1, the California Secretary of State could possibly fine you for going against state regulation and additionally might encounter civil liability.
To assist the California Notary community, the National Notary Association (nationalnotary.org) has upgraded these Notary certificate types to be in compliance for 2015:
California All-Purpose Acknowledgment.
California Jurat with Affiant Statement.
California Proof of Execution by Subscribing Witness.
These upgraded certificates abide by present regulation so Notaries can easily buy them and put them to use immediately.
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