Return to table of contents for Notary Public 101.
BASIC NOTARY ACTS
Each state has a different list of official Notary acts. Some state handbooks don’t make it clear if certain actions are considered “official” notary acts or not. However, all states or the vast majority have Acknowledgments, Jurats, Oaths, and Affirmations. Many also have Protests and Proofs of Execution, while only a few have Witnessing, Attesting, immigration form filling, and depositions as acts. There are a few more acts I will not mention as they are obscure and very state specific. Let’s focus on the main acts that we will hold you responsible for knowing.
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ACKNOWLEDGMENTS
When I studied to be a Notary, 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 a signature. The SIGNER acknowledges the signature and then the Notary CERTIFIES that the signer acknowledged the signature by virtue of filling out the Acknowledgment Certificate. Here are some basics on Acknowledgments.
1. The signer acknowledges having signed the 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 and 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 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.
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JURATS
Jurats are a Notary act where the signer or affiant by definition signs and swears (and/or sometimes affirms) before the Notary. Jurat wording differs from state to state. However, some basic verbiage includes the phrase, “Subscribed and sworn to before me.” What does this mean? This means that the document was signed in the physical presence of the Notary Public as well as sworn to before the Notary Public at the signing. In an Acknowledged signature you can sign prior to seeing the Notary, but you acknowledge before the Notary. A Jurat is completely different. Modern verbiage for Jurats sometimes says, “Subscribed and sworn or affirmed to before me.” This does not mean that you can administer an Oathfirmation and mix the Affirmation and Oath verbiage. This means that you can have the client choose if they want an Oath or Affirmation and do one or the other. Don’t mix these Notary acts unless your state specifically says you can.
Many Notaries are unaware that when executing a Jurat, you do need to administer an Oath particular to the document being signed. Please see our commentary on Oaths below. Failing to administer an Oath on a Jurat is illegal and could void the legal completeness of the document. Some states additionally will reserve the right to suspend your commission if you omit a legally required Oath.
“Subscribed and sworn to before me” is NOT Oath verbiage! That is the written documentation that you gave an Oath. When you ask the affiant to raise their right hand, do NOT utter the words, “subscribed and sworn to before me.” otherwise they will think you are an idiot and there will be no way for them to respond unless they repeat. Start an Oath with, “do you solemnly swear” after they have raised their right hand.
A good Oath for a document could be, “Do you solemnly swear under the penalty of perjury that the information in this document is true and correct to the best of your knowledge, so help you God?” Then the other person says, “I do.” Then you pronounce them “man and document” by the powers vested in you.
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OATHS
Not all Notarial acts include a written document or written certificate. Some are purely oral. Oaths and Affirmations are oral acts where most states do not have a certificate for the Oath. You should write in your journal if you administered an Oath and where it says, “Name of document” you should write that you gave an Oath about a particular topic. You do not write the actual verbiage of the Oath in your journal. You might write, “Oath regarding military duty” or “Oath of citizenship,” etc.
Oath verbiage is generally up to the Notary and few states have any actual requirements for what you should say. However, common sense and tradition dictate certain things about Oath verbiage.
Raise Your Right Hand — you traditionally have the signer raise their right hand before swearing under Oath.
Solemnly – it is traditional to ask the signer if they solemnly swear. An Oath is a solemn occassion and swearing to a Notary is as official as swearing to a judge in a court of law.
Swear — you must use the word “swear” in an Oath otherwise it is no longer an Oath.
Document or Statement — in an Oath you should make a reference to the content you are swearing to. It might be a document, or a statement you are about to me. Just make sure you reference the content in a way that makes sense. Asking someone to swear to “the information” is not as precise as asking them to swear to the truthfulness of “this document” while pointing to the document.
God — Oaths traditionally refer to God. If someone doesn’t like God, rather than remove God from the Oath, do an Affirmation INSTEAD of an Oath.
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Correct Oath wording for a Notary to make for a Document
“Please raise your right hand. Do you solemnly swear that the document you signed is true and correct to the best of your knowledge, so help you God?” — The answer would be, “I do.”
Wrong Oaths for a Document
“Do you solemnly swear that the statement you are about to make is true?”
“Do you solmenly swear that the information you provided is true?”
Commentary
If you are swearing to a document there is no statement you are about to make. There is a document you already signed that you swear to. You cannot swear to a statement you are not going to make — that is nonsense. The information in the document might have been provided by a Lender or Attorney, so don’t make them swear to WHO provided the information. Just have them swear that it is true.
Administering an Oath
When you are a Notary and you give or supervise an Oath to someone, you are administering an Oath. When you administer an Oath there are two ways to do it. You either ask an Oath question such as the ones mentioned above, or you say, “Repeat after me.” Repeating after me is really tenous as every three words the affiant has to repeat those words and it is like being six years old doing the pledge of allegience. How annoying!
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AFFIRMATIONS
An Affirmation is similar to an Oath. The are equal in their significance and used during the same situations. Affirmations are legal in most states. Check your state’s handbook to see if they are used in yours and if there is any state specific wording that you must use. However, you cannot mix and match the wording in an Affirmation. If your client wants to do an Affirmation, you use the word Affirm or State rather than swear, and you do not mention God. Leave God out of it! Other than that, the verbiage is the same as an Oath, so help you nobody!
To better understand choosing Oaths vs. Affirmations or mixing them up together read this fun article about Airline Meals versus Oaths and Affirmations.
To administer an Affirmation for a document just say, “Do you solemnly affirm or state that the information in this document is correct?” or for a purely oral statement just say, “Do you solemnly affirm or state that the statement you are about to give is true and correct?”
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PROOF OF EXECUTION
Not all states allow proofs of execution, but it is a traditional Notary act that I would like you to know about. In a proof of execution, the principal who is the one who signs the document signs when a subscribing witness is witnessing his signature. The definition of a subscribing witness is one who watches someone else sign. Then the subscribing witness appears before a Notary and swears under Oath that he/she witnessed so and so signing the document. I have never heard of this act being done, but for less formal documents, it is often allowed and it is interesting to read about as it is so unusual.
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PROTESTS
Not all states have protests. Protests are normally done by people working in banking to protest the non-payment of a bill or bounced check. We do not hold our Notaries responsible to understand this act although it is good to know what it is.
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The Big Con
The Big Con
First, the “sense of urgency”.
Are you available right now, I mean immediately? I have a situation that demands instant resolution. My documents must be notarized and faxed within the hour. The attorneys are, as we speak, waiting for the notarized documents. Very big money is at stake and I will pay for you to cancel any conflicting other jobs. I cannot go into great detail, time is of the essence. How long will it take you to get to my location, only three notary stamps are required. You can also triple your routine fee. You must agree, the situation is extremely urgent and demands your instantaneous response, at any cost.
Second, a smokescreen about details.
I ask the usual what, where and when, what ID he has; and does his ID match the name on the documents. We can go over all of that when you arrive. I need you to depart now to meet me at the FedEx (location given). Instinctively I perceive a nightmare not a dream assignment. I’m not going anywhere until I have more details. I press on for the details. Mixed in with exhortations about instant departure, some details are reluctantly provided. The job is for a deed and related documents. He only mentions that he has “positive ID”, and the notarized documents were drawn by his attorney and has his name.
Third, an odd New York Requirement
My caller mentions arriving in New York solely for getting the documents notarized. Arrival from Boston was only an hour ago. I am told a story that the document can only be notarized in New York City. Now my BS sensor is full scale. Unless I can be convinced that assertion is truthful, I have been told a lie. So, I ask why only in New York City. I am told it is a requirement of the seller of the Boston property. This makes no sense whatsoever. Still intrigued by the caller’s BS, I ask specifically what ID will be shown.
Finally, the big Con is Exposed
I know you are not going to be comfortable with this but the only ID I have with me is a photocopy of my passport! Just a second, I also have my credit card. I ask: am I to understand that you just flew in from Boston, passed airport security with a photocopy of a passport and credit card? Yes, I showed them the documents, and “due to the amounts involved” they accepted my passport copy at Boston airport. My credit card paid for the flight and that was enough for them. They were more sympathetic than you seem to be about my forgetting to bring my wallet with me when I went to the airport.
Well, I now fully understand the situation. It is totally unacceptable to notarize without the original government issued photo ID. Now for some hostility, though still speaking politely. What kind of a notary are you to refuse an urgent request? Not wanting to inflame my caller, I again stress that notaries are subject to regulations; the same as police and taxi drivers – “It would be illegal for me to proceed”.
That ended my involvement with what I perceived to be a Con. Two of the most “powerful” documents that we routinely handle are POAs and Deeds. But, I submit even the most humble of notarized items require full application of all requirements. A “low level” document is a letter of recommendation for the babysitter. Really? I think not. How would you feel being drawn into a situation where your notary work assisted a “monster” obtaining access to a child; and doing something improper? Terrible, of course. Thus, it follows that each time you sign and stamp there is a risk, but that risk can be managed. Wiser heads than mine have established regulations and guidelines for us to adhere to, without exception. It’s never trivial, each notary act is serious, has potential consequences; and must follow the law, to the letter.