This topic contains 7 replies, has 4 voices, and was last updated by  notaris91 6 years, 8 months ago.

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  • #13966

    justina62
    Participant

    I notarized a POA form yesteday that was on a pre printed form. After I got home and looked over the requirements for California acknowledgements, I realized the verbage was incorrect. Can I attached the correct acknowledgement to the POA?
    This has got me worried!!

    #14288

    mharmon
    Participant

    First, I suggest keeping a reference card with you that has the correct wording for CA acknowledgments and jurats. Use it often. I have one and I still pull it out just to verify that I’m not missing any words. One of the first things you should be doing is verifying if the pre-printed certificate is CA compliant. I always assume that they aren’t and then verify, word for word. I’ve seen some that are VERY close but have a few wrong words. The notarial certificate is YOUR responsibility. It’s nice for people to pre-print it for you, but you are not obligated to use it.

    If you can re-do the notarization, that would probably be best. Be sure to STAPLE the correct loose form. The CA Sec of State has said we are now required to staple loose forms. (Per their 2012 newsletter)

    #14289

    justina62
    Participant

    Thank you for your reply. I spoke with the person today and I have completed an acknowledgement for them to staple to the back of the POA. I hope this will work.
    I will be more diligent in the future and use your advise as far as reading word for word.
    Thanks Again!

    #14290

    mharmon
    Participant

    @justina62 wrote:

    I have completed an acknowledgement for them to staple to the back of the POA. I hope this will work.

    I hate to break this to you… but it won’t work. YOU have to attach it yourself. You can’t just send them a loose, notarized form.

    If it were me… I’d go back to them and do it all over again as a new notarization.

    #14291

    justina62
    Participant

    Actually I am going to staple it myself. Thanks you

    #14292

    leroycasey1
    Participant

    I often have clients ask me NOT to staple an attached acknowledgement certificate for their convenience because they need to make photocopies of the document and the certificate. I carry a small box of paperclips that I use to attach the certificate to the document. Also, my pre-printed acknowledgement certificates have a section at the bottom for a description of the document, how many pages are included in the document, and whether the document is printed on one or two sides, and the document date. Should I insist on STAPLES?

    #14293

    mharmon
    Participant

    Leroy, are you in California? If so, then Yes… you must staple, not paper clip. It was stated as such in this year’s newsletter from the Secretary of State. See: https://www.sos.ca.gov/business/notary/forms/notary-newsletter-2012.pdf

    Specifically, on page 2:

    The certificate of acknowledgment must be endorsed on or stapled to the instrument. Taping or paper-clipping the certificate of acknowledgment to the document is not permitted.

    And on page 4:

    The jurat must be endorsed on or stapled to the instrument. Taping or paper-clipping the jurat to the document is not permitted.

    I carry this newsletter with me everywhere and show it to people who get upset over it. They are welcome to remove the staple afterwards for all I care, but if the Sec of State says to staple… then I staple.

    #14294

    notaris91
    Participant

    You can do it, however you should keep a proof in case they refuse to accept it

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