Types of
Notarizations
The most
frequent type of notarization is the acknowledgement.
Acknowledging a document means that the properly identified signer
personally appears before the notary on the date & in the county
indicated, that the signer either signs in front of the notary or
acknowledges that s/he did indeed sign the document as well as
acknowledging that the document was signed without coercion & that
the signer is aware of the documents contents.
The second most
frequent type of notarization is the jurat,
often called an affidavit. For a jurat, the signer must personally
appear before the notary & either swear, or affirm, to the
truthfulness of the document & it's contents, & sign the
document in the presence of the notary.
Less common
notarizations are as follows:
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Copy
Certification by Document Custodian: in states
where notary certified copies are prohibited, a custodian
-certified copy is occasionally used. This procedure
requires that the Document Custodian sign a declaration, & swear
(or affirm) that the copy is identical to the
original. Essentially, this procedure is an affidavit signed by the custodian & with a jurat as
the notarization.
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-
Powers
of Attorney: is a document that grants the legal authority
for someone to sign documents on behalf of another
person. While a notary cannot supply these
documents, a notary may notarize a Power of Attorney as well as certify
copies of a Power of Attorney. A copy of a Power
of Attorney that has been certified by a notary has the same force
& effect as the original document.
-
-
Proof
of Execution by a Subscribing Witness: if a person has
signed a document but cannot personally appear before a Notary
Public, another individual may appear on that person's behalf to
prove the execution by the principal. That person is
called a subscribing witness. The requirements of a Proof of
Execution by a Subscribing Witness are; 1)the subscribing witness
must be able to state, under oath, that s/he either saw the
principal sign the document or heard the principal acknowledge that
he s/he signed the document. 2) The subscribing witness must
personally know the Notary Public, or if the subscribing witness
does not personally know the Notary Public, then his or her identity
must be established, or proved, by a third party that knows both the
subscribing witness & the Notary Public. This procedure
cannot by used in conjunction with any real estate documents (other
than a trustee's deed or a deed or reconveyance) or with a Power of
Attorney.
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Consent
for Minor Child to Travel: Travel abroad with a minor
child frequently requires notarized documents that certify the child
has the permission of non-traveling parents &/or guardians to
travel. Some of these documents require health care
information. Several forms are available on the internet but I
urge you to contact your travel agent, travel carrier, US State
Dept, or the embassy of the country you are visiting for they're
specific requirements & forms.
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Disclaimer:
I am not an attorney & can not provide legal advice, documents, or
suggestions outside the Notary Public field. Notarization fees
are set by the State of California. Document & Identification
standards & requirements are set by the State of California &
US Patriot Act.
Note: A
Notarization provides verification of a document signer' willingness to
sign & that the signer is the person identified by the signature. A
Notarization does not prove the truthfulness of the contents of a
document, nor does it validate a document &/or render it legal.
