Although Notaries are typically familiar with the certificate wording in their own state, requirements for such wording can vary significantly between different locations. Out-of-state certificates may contain wording that is unfamiliar or even confusing.
While some states specify the exact wording that must be used in certificates, others provide general guidelines. In certain situations, it is left to the Notary to decide whether the wording on a specific certificate is acceptable.
So, how should you handle a Notary certificate from another state?
Adhere to the Notary Certificate Laws of Your Own State
In most states, the general principle is that certificates must substantially comply with the requirements outlined in the statutes.
For instance, many states accept an acknowledgment certificate as long as it includes the phrase "acknowledged before me" or an equivalent, allowing for some flexibility in the exact wording.
In these states, a Notary can use a certificate from another jurisdiction as long as they follow all the notarization requirements in their own state. This typically involves the signer personally appearing before the Notary, providing proper identification, and signing or acknowledging the document. However, the specific wording in the certificate describing these actions may vary. In Texas, for example, the state offers suggested certificate wording for Notaries but also allows for alternative wording.
Some states have stricter requirements. In Florida, every jurat and acknowledgment certificate completed by a Notary, whether from within or outside the state, must contain 9 specific elements and closely follow the form specified in the statute. This gives Florida Notaries some flexibility in completing out-of-state certificates, as long as they include all required elements and the wording aligns with state law examples.
In California, Notaries cannot complete jurat or proof of execution certificates from out of state. Instead, they must use a separate certificate with wording that matches the state requirements exactly. However, they can complete an out-of-state acknowledgment certificate as long as the document will be filed outside of California and the wording does not require the Notary to make determinations not permitted by law.
If you have any queries about your state's requirements, contact your state Notary agency or the NNA Hotline.
Quick Tips For Out-Of-State Notary Certificates
Tip #1 Identify the type of notarization required by the out-of-state certificate.
If you are unfamiliar with the style and wording of the certificate, look for keywords and phrases that indicate the type of notarization needed, such as "acknowledged," "subscribed and sworn to," or "signed and sworn to."
Tip #2 Verify the venue on the out-of-state Notary certificate.
The "venue" section on a notarial certificate should always reflect the state and county where the notarization took place, not necessarily where it was prepared or will be filed. If the certificate has a different venue filled in, correct it accordingly.
Tip #3 Assess whether the variations in certificate wording are significant.
If you are in a state that requires substantial compliance, compare the certificate on the document with the statutory form usually found in your state's Notary handbook.
For example, if the statutory form mandates the inclusion of the notarization date but the out-of-state certificate does not, it may not be compliant.
If the statutory form reads, "Before me, John Smith, Notary Public..." and the out-of-state wording is similar, such as "Before me, the undersigned Notary Public of said state...," then the certificate is likely acceptable.
Tip #4 When uncertain, use a separate certificate.
If you are unsure about the out-of-state certificate, it is advisable to err on the side of caution and replace it with your own. However, first confirm with the signer that a separate certificate would be acceptable.
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