Notary Home Study Course


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.

Throughout this section you will indicate the correct singular or plural forms as well as the correct pronouns. Completing this section is critical because any document to be recorded will most likely be rejected otherwise.
As you read through this section, you will notice the phrase “executed the same in his/her/their authorized capacity(ies)”.  California law does not permit a notary to certify the capacity of a signer. That means if someone is claiming to sign a document as CEO of a company or a partner of a company, California notaries do not require the signer to prove to the notary that he or she holds the capacity claimed by the signer. Part of the acknowledgment in California is that the signer must simply “claim” his or her authorized capacity. There are still some states that require a notary to verify the capacity of a signer.


As a notary in the state of California, you may NOT complete any notary act which requires the notary to comply with a request which is not legal for a California notary to perform. One of these requests may be for a notary to either know or otherwise certify the capacity claimed by a document signer. If you are ever presented with a document which has notary verbiage requiring such certification, you may not complete this acknowledgment. Simply cross it out and attach a separate California All-Purpose Acknowledgment form which does have correct wording to the document and place your notary seal on this completed acknowledgment instead. Do not place your notary seal impression on any document not containing proper notarial wording. Your seal impression must be placed on the form which contains the correct information concerning the notary act.

 
WITNESS my hand and official seal.                                                                                                                                                                                             
(Notice that your signature is placed underneath this phrase, not just anywhere on the document)                                     
__________________________________                     (Notary Seal)                                                                 
           (SIGNATURE OF NOTARY)

 

You are now finished this portion of the notary act. Even though it may look daunting to you at first, this process really only takes a few minutes.