Originally published Nov 13, 2016.
Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.
Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.
Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).
International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.
ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM
(1) The Venue
Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.
State of California
County of Los Angeles
Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.
(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)
(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.
(4) Examples
Example of a Florida Acknowledgment Certificate
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.
______________________________
Notary Public
Printed Name:__________________
My Commission Expires:
____________________
Commission #_________
California Acknowledgment Wording
State of California
County of Los Angeles
On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________
Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.
Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,
“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”
Other states have more elaborate wording, but the basic facts documented are the same.
Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.
Read More about Notary Wording
http://blog.123notary.com/?tag=notary-wording
Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660
Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858
Index of information about documents
http://blog.123notary.com/?p=20258
However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original.
.
Totally illegal in New York State – The notary may not make any statements of fact – NY notaries may only notarize the statements of others.
.
Of course the NY notary does make official notary statements as to the “before me appeared” – but nothing else.
Comment by Kenneth Edelstein — November 14, 2016 @ 12:35 am
My understand is that California notaries must always use the California statutory notary language on all notarized documents (including the ‘boxed’ words) and if the notarial ‘verbiage’ is wrong, a loose certificate must be used to replace it. Your ‘Out of State wording…’ section seems to contradict that.
Comment by BobH — December 11, 2016 @ 7:57 am
I’ve contacted the CA SOS specifically about the he/she/they verbiage. You are correct that it could be “complicated” and as a Notary I omit from selecting any gender pronouns. The SOS has agreed the law does not state A choice must be made. I’ve also contacted my county recorder’s office when a large title company was mass emailing notaries stating our county was rejecting documents if not selected. The county recorders office promptly responded and also agreed it was my choice. The California Civil Code section 1189 wording is something I strongly feel should be amended and have recently contacted my district representative to hopefully start the process. My fear is that if a Notary wrongly identifies gender our notorial act could be questioned. Since my business is primarily loan signings that deal with real property, I see a potential flaw that can be easily avoided. CA seems to be only a handful of states that requests notaries to identify gender which puts us in an unnecessary complicated position..
Comment by Eva Torres — January 6, 2017 @ 2:29 am
power of attorney ASAP on Memorial Day weekend and they showed up to the lobby of my hotel just when they said they would. A professional experience all around and a life saver for me https://boracina.com/florida/lakeland-mobile-notary-public/
Comment by MOORE — January 15, 2020 @ 11:29 pm
I just wanted to say that I really enjoyed your site and this post. You make some very informative points.Keep up the great work!
Comment by notary on Sunday Lakeland florida — August 5, 2020 @ 4:03 pm
Thank you ever so for your article post. Really thank you! Keep writing.Thank you so much for the blog. Really thank you! Cool
Comment by notary services nearby Lakeland florida — August 5, 2020 @ 4:05 pm
Is it necessary to say Commission expires: _______? Its located on the Stamp!
Comment by Carol Mack — May 21, 2021 @ 6:24 pm