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edelske
New York
815 Posts |
 Posted - 03/18/2008 : 6:00:41 PM
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I have seen and processed several of these new form CA Acks. I'm glad they are shipped to CA and not processed in NYC. The County Clerk's office will not authenticate my signature (as in processing an Apostille) if I use the word "certify" or "certification" in the notary section. They ONLY allow those words to be used by a public official when issuing documents. It is not a "law" - but if either of those words are used "by the notary" - they will not authenticate and consider it an "improper" wording. Not at all a problem for me as the typical "CA format" docs never go to my local county clerk. I do change it to "under the laws of New York" - not knowing the CA laws and not wanting to be subject to them. So far - no complaints about that minor change. Time will tell. Thus another example of a notary form/format that is similar to the Pinellas "blue ink" issue; what is OK at point of processing may not be OK at point of use; and, of course the reverse is true. Somebody should write a "notary's prayer" - it truly takes divine intervention to avoid getting somebody mad these days as we try to serve the public - and stay out of the courtroom.
ken
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jbelmont
California
3106 Posts |
Posted - 02/05/2008 : 2:45:41 PM
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| Regardless of interpretation, it looks like CA is getting to be more intelligent about notary laws. That is a good thing. |
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LindaH
Florida
1754 Posts |
Posted - 02/05/2008 : 02:48:59 AM
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I read it a bit different, Jeremy....the new CA certificate, in addition to requiring personal appearance (and eliminating "personally known") provides for an additional sentence at the end of the certificate to be signed by the Notary, "I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.."
The foregoing paragraph referred to is the actual cert itself, containing date, name of person and personally appeared -IMO the notary isn't attesting to the truth of the contents of the document -this certification under penalty of perjury is affirming that the signer is so-and-so, PERSONALLY APPEARED and appeared ON THAT DATE AND AT THAT PLACE....basically attesting to the truth of the information in the cert....
Sounds to me like CA is addressing the issue of notarizations without personal appearance, backdating, etc., and that's a good thing. I, personally, always require ID, even from my next door neighbors, who've asked me to waive the ID requirement, saying "you know me"...maybe so, but it's my personal practice...I require ID.
JMHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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jbelmont
California
3106 Posts |
Posted - 02/04/2008 : 7:23:27 PM
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California has a new law regarding perjury. The certificate of acknowledgment is now executed under the penalty of perjury. According to civil code 1189, a notary who willfully states as true any material fact known to be false is subject to a civil penalty of up to $10,000. This law could apply to all notarizations.
What are your feelings about this law. You don't have to be from California to have an opinion on this matter. |
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Perjury in California
