When to append a certificate form
A certificate form may need to be appended to a document in the following situations:
When the document lacks certificate wording: This is evident, as the obligation for Notaries to complete a certificate for each notarization is nearly universal.
Michigan is a unique case — it eliminated its statutory certificates and now mandates the Notary to include specific information after signing a document.
Maryland previously barred Notaries from adding a notarial certificate to a document without existing wording, but this restriction was lifted on October 1, 2020, under a new state law requiring a Notary to complete a certificate of notarial act for every notarization.
When the certificate does not meet state requirements: Some states, such as California, have laws specifying precise certificate wording.
In Hawaii, a regulation dictates that Notaries must incorporate a 'certification statement' either within the certificate wording or as an addition to the certificate. In such states, Notaries must ensure the certificate adheres to the law and include the correct form or certificate statement if it does not.
When the certificate mandates an action the Notary cannot perform: For instance, "signature witnessing," which is allowed in about 20 states but not in states like Texas. In such cases, an acknowledgment or oath (or verification) chosen by the signer must be performed instead, necessitating the addition of an acknowledgment or jurat certificate to the document.
When there is insufficient space for the Notary's seal: Many states require a legible Notary seal, but some documents lack space for it. If the seal would cover text or signatures, a separate certificate form must be completed and attached.
When there is no room for the Notary's signature: If there is no space on the document for the Notary's signature, a separate Notary certificate should be filled out and attached.
When multiple signers appear at different times: Occasionally, a document may need to be signed and notarized by one signer, then presented to another signer at a different time and place for a second notarization. In such instances, a separate certificate must be completed and added due to separate appearances.
When a Notary commits an error: In Florida and California, changes to a notarial certificate cannot be made after notarization or once the signer and Notary have parted ways. Notaries may need to attach a new certificate to rectify mistakes like an incorrect date.
When there is insufficient space for all signers' names: While most certificates accommodate one or two signers, additional signers may necessitate a separate certificate.
Always adhere to your state's Notary regulations
Notaries must follow specific practices when using separate certificate forms to ensure correct notarization and prevent fraudulent use of "loose certificates" on other documents.
Michigan allows Notaries to attach a separate certificate form to a document if directed by a client, although it is not mandatory for notarization. The statute specifies the necessary information to be included by the Notary. If separate certificate forms are permitted in your state without specific guidelines, follow these recommendations:
Have the signer determine the notarization type: Notaries should not decide the type of notarization. Ask the signer to choose between acknowledgment, jurat, or signature witnessing (if allowed in your state).
Complete the certificate thoroughly: Fill out the separate certificate form as you would preprinted notarial wording on a document, ensuring accuracy and completeness.
Use optional spaces to describe the notarized document, making it harder for fraudulent use.
Attach the certificate to the document: Staple the completed certificate to the document's left margin, behind the signature page.
Additional considerations for 'loose certificates'
Notaries should not affix their seal on a document lacking notarial wording. Follow state-specific guidelines to ensure proper notarization and avoid fraudulent use of certificates.
While separate certificate forms are an option, it is advisable to use the notarial certificate on the document whenever possible to ensure acceptance by receiving agencies. Never send a loose Notary certificate or rely on others to attach it to the document.
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