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August 30, 2013

Alabama Notary Acknowledgment Verbiage

To become an Alabama notary, you must be at least 18 years old and a state resident who can read, write, and understand English. Your record must be free of felony convictions unless you were pardoned and had your civil and political rights restored. The Alabama notary commission is valid for four years. A sample application to become an Alabama notary can be found here: http://jeffconline.jccal.org/probatecourt/docs/NotaryApplication.pdf An interesting fact is that, while notaries may administer oaths and take acknowledgments, they are not authorized to execute jurats or affidavits. [I do not understand this at all.]

Notary wording for an Acknowledgment in Alabama: (Alabama Acknowledgment Wording)

Acknowledgment for Individual

THE STATE OF ALABAMA
______________________COUNTY

I, a Notary Public, hereby certify that _______________________________________ whose name is signed to the foregoing instrument or conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she/they executed the same voluntarily on the day the same bears date.

Given under my hand this _____________ day of _____________, A. D. 20____.
____________________________________

Notary Public
Print Name __________________________
My commission expires:
__________________

REFERENCE:

(Code 1852, §1279; Code 1867, §1548; Code 1876, §2158; Code 1886, §1802; Code 1896, §996; Code 1907, §3361; Code 1923, §6845; Code 1940, T. 47, §30; Acts 1951, No. 85, p. 301.)

Ala. Code § 35-4-23 (1975) Effect of Witness Compliance

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May 31, 2020

Delaware acknowledgment Certificate

Delaware acknowledgment verbiage; Delaware acknowledgment wording; Delaware acknowledgment form

Below is a sample of a Delaware acknowledgment form.

State of __________

County of ____________

The foregoing instrument was acknowledged before me this (date) by

_____________________ (name of person acknowledged).

____________________
(signature of person taking acknowledgement) (title or rank)

____________________
(serial number, if any)

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May 24, 2020

Colorado Acknowledgment Wording

Colorado Acknowledgment Verbiage; Colorado Acknowledgment Form;

Below is the official Colorado Acknowledgment Wording. The word “seal” below refers to the notary’s official stamp. Please keep in mind that in a notarial context, a seal could mean a signature or a stamp depending on the situation.

State of Colorado
County of ________

The foregoing instrument was acknowledged before me this ______ (date) by _________ (name of person acknowledged)

(seal)

____________________
Notary’s official signature
My commission expires: __________________

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May 20, 2020

Arkansas Acknowledgment Wording

Arkansas Acknowledgment Verbiage; Arkansas Acknowledgment Form;
Below is the official Arkansas Acknowledgment Wording. Please keep in mind that the seal should be affixed at the bottom of this form.

State of Arkansas
County of ______________
On this the___________ day of _________, 20 , before me, (__________name of notary), the undersigned notary, personally appeared ____________(name(s) of signer(s)) known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. ____________________________________ [Seal of Office] Signature of Notary Public My Commission expires:______

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May 14, 2020

Arizona Acknowledgment Wording

Arizona Acknowledgment Verbiage; Arizona Acknowledgment Form;

Below is the official Arizona Acknowledgment wording. Please keep in mind that the person doing the acknowledging is the signer and not the notary. The notary certifies the acknowledgment by virtue of filling out the Arizona Acknowledgment certificate form and stamping it and also (in most states) filling out a corresponding journal entry. The Notary seal should be affixed at the bottom of this form.

Acknowledgment for Individual

State of Arizona

County of _____________________

The foregoing instrument was acknowledged before me this _________ day of ______________________, ____________, by _____________________________ (person).

_________________________________

NOTARY PUBLIC

Print Name: ______________________

My Commission Expires:

____________________

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March 20, 2020

Connecticut Acknowledgment wording

Below is the official Connecticut Acknowledgment Wording. The Notary must affix his/her stamp below the verbiage in this form to complete the notarial procedure.

State of Connecticut County of ______________ ss. (Town/City) On this the_____day of____________, 20____, before me, (name of notary) , the undersigned officer, personally appeared (name of individual or individuals), known to me (or satisfactorily proven) to be the person(s) whose name(s) (is or are) subscribed to the within instrument and acknowledged that (he, she or they) executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. ______________________ Signature of Notary Public Date Commission Expires:_____________ ______________________ Printed Name of Notary

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December 24, 2018

Acknowledgment FAQ

Filed under: Notary Acts & Certificates — admin @ 9:39 am

What is an Acknowledgment? Or, should I say, what is a Notary Acknowledgment or Notarized Acknowledgment? Why is it missing the “e” after “g”? Is that a typo, and should it be spelled Acknowledgement? No, it is not a typo.

Notaries commissioned in the various fifty states have a variety of Notary acts that they may perform. Some are common ones that are practices in virtually every state, although they sometimes have name variations and sometimes the rules for these acts can change slightly from state to state as well.

Common Notary acts that are almost completely universal include:

Acknowledgments — an act where the signer acknowledges having sign a document and acknowledges in the physical presence of the notary public, but does not have to sign in front of the Notary except in a handful of states (it’s complicated).

Jurats — an act where the signer or “affiant” must sign the document in the physical presence of the Notary Public as well as swear or affirm under the penalty of perjury to the truthfulness of the content of the document.

Oaths — a purely verbal act where the affiant must swear under Oath under God to the truthfulness of an oral or written statement.

Affirmations — a purely verbal act where the affiant must affirm under Oath on their honor to the truthfulness of an oral or written statement. Please note that Oaths and Affirmations are not the same act, but can be used interchangeably and carry the same legal weight and significance.

How does a signer Acknowledge their signature?
Does the signer say, “I hereby proclaim that I, the party of the first part, the signing party withstanding , have signed the foregoing instrument herein, and thereto, and therefor acknowledge the same in my capacity as an individual so-on and so forth.” The truth of the matter is that you can simply place the signed document in front of the Notary Public (in most states, exceptions apply) and ask him if he/she can notarized it with an Acknowledgment, or you can just say, “I signed this, please notarize it.”

What are the requirements for Acknowledgment wording or Acknowledgment verbiage?
All states require some sort of Acknowledgment verbiage. The requirements differ from state to state. Many states require certain components or facts to be covered in the wording while others might require exact state specific wording. It is best to ask an Attorney what wording is necessary in your case. Many Notaries do not carry pads of Acknowledgments with them (although they should) and it is up to you to make sure that notarial wording is either embedded in the document or attached on a loose certificate that is stapled to the document.

Who can perform a Notary Acknowledgment?
As a general rule, a Judge, Notary, Justice of the Peace, and perhaps a few other legal professions may execute Acknowledgments. When in doubt, ask an Attorney for a state specific answer.

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ACKNOWLEDGMENTS
When I studied to be a Notary Public, my teacher said you Acknowledge a signature, Execute a Jurat and Administer an Oath. This is not true. The Notary is not the one who acknowledges signatures. The SIGNER acknowledges the signature and then the Notary CERTIFIES that the signer acknowledged the signature by virtue of filling out an Acknowledgment Certificate. Here are some basics on Acknowledgments.

1. The signer acknowledges having signed the particular document.

2. The signer must physically personally appear before the Notary for such an act.

3. The signer does NOT have to sign before the Notary according to most if not all states such as AK, IA, SC, SD, VT, and WV. Lenders might require the borrower to sign in the presence of the Notary, but that is a particular Lender’s standard and not necessarily a state standard or even a best practice.

4. The Notary must positively identify the signer using identification documents acceptable to their state which normally include Drivers Licenses, State issued identification photo ID’s, Passports, and Military ID’s. Other ID might be accepted on a state by state basis. You can look that up in your handbook. Also, see our section on identification.

5. The Notary should ideally keep a journal entry of all Notarial acts even if their state does not require this.

6. There should be Acknowledgment wording appropriate or acceptable to your state inscribed within the document, or you can attach a loose acknowledgment form with a staple.

7. After you fill out the certificate form, you sign and stamp the page (some states allow you to write in your seal information without a stamp.) Make sure your stamp is clear and not smudgy otherwise the county recorder has the right to reject the Notarization.

8. Note — some states require the Notary to ask the signer to attest to the fact that they signed the document in their own free will. Please be aware if your state has any unusual requirements or special wording on forms.

9. A California Notary faces many restrictions as to what type of out of state forms they can use. Please check the California Notary Handbook to see what you can accept and what you can’t otherwise you could get in trouble particularly if it is a recorded document.

10. There is an optional and additional information section in Acknowledgments which helps identify the document that the certificate corresponds to. This includes the document name, document date, number of pages, and other pertinent information.

Resources

Basic Notary Acts — Acknowledgments
http://blog.123notary.com/?p=19500

Acknowledgment vs. Acknowledgement
http://grammarist.com/spelling/acknowledgment-acknowledgement/

Legal definition of Acknowledgment (does not necessarily apply to notary profession)
https://legal-dictionary.thefreedictionary.com/acknowledgment

Can you send a loose Acknowledgment?
http://blog.123notary.com/?p=16168

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April 9, 2018

When do I need to use a California All-Purpose Acknowledgment?

Filed under: California_Notary,Other Guest Bloggers — Tags: — admin @ 10:42 am

When do I need to use a California All-Purpose Acknowledgment?
A Notary Public in California only needs to use the notarial language found in an All Purpose Acknowledgment if the document is being filed in California.

California Civil Code Sec 1189 ( c ) allows a Notary to use the preprinted acknowledgment language from another state as long as the Notary is not required to determine or certify in which capacity the signer is signing the document. Certifications are prohibited for Notaries to perform by California law. Notaries are not required to even include the disclaimer at the top of the notarization which essentially states that the Notary Public completing the notarization is only verifying the identity of the signer and not the “truthfulness, accuracy or validity of the document”.

A document that many Notaries see and something that I see brought to my office often at A1 Live Scan Fingerprinting and Notary Services in downtown Los Angeles is Form TSP-70 which is the Thrift and Savings plan Financial Hardship In-Service Withdrawal Request form. This form has preprinted Notarial Language for Acknowledgment and has specific instructions for the Notary that reads in relevant part, “Notary:……No other acknowledgement is acceptable (see instructions)”.

When you see forms such as TSP-70 that is being sent or filed in another state or jurisdiction, use the preprinted form as long as you are not being asked to certify the capacity in which the signer is signing the document.

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November 30, 2016

Notary Acknowledgment Wording

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person 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

—————————————— (affix stamp here)
(Signature of Notary)

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November 13, 2016

Notary Verbiage & Notary Wording

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

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