(a)(1)Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.” This notice shall be legible.
(2)The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).
(3)A certificate of acknowledgment taken within this state shall be in the following form:
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the
truthfulness,
accuracy, or validity of that document. |
State of California | ⎫ |
County of | ⎭ |
|
|
|
|
Onbefore me, (here insert name and title of the officer), personally appeared, |
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. |
|
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. |
|
WITNESS my hand and official seal. |
|
Signature(Seal) |
(4)A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty
not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
(b)Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.
(c)On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity
or to make other determinations and certifications not allowed by California law.
(d)An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed.
Notes of Decisions
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47 (Neb. 2020).
“The notary public signed the acknowledgment under penalty of perjury and affixed her notarial seal. [37,38] But we have stated that the fact that an affiant signed an affidavit in the presence of a notary and that the affiant’s signature was in fact notarized is sufficient as an…”
McComber v. Wells, 99 Cal. Daily Op. Serv. 3925 (Cal. Ct. App. 1999).
“” 7 In notarizing a signature, the notary signs and attaches a seal to a certificate attesting the signor personally appeared and is “personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within…”
In Re George & John Hurt, 129 F. Supp. 94 (S.D. Cal. 1955).
· cites it 2× “California Civil Code, § 1189. Section 1190(a) does not restrict the rights which previous legislation had conferred upon partnerships when it expanded the conveyancing rights of partners.”
People v. Carnalla-Ruiz, 2023 IL App (1st) 201183 (Ill. App. Ct. 2023).
“Like the Illinois law, California Civil Code § 1189, which is cited at the top of the “certificate of acknowledgement” submitted by Jair, states “[a]ny certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in…”
People v. Abrahamian (Cal. Ct. App. 2020).
“At that time, former Civil Code section 1189, subdivision (a)(1) set forth the required form for a notary acknowledgment.”
Citizens Nat'l Trust & Sav. Bank v. Brown, 129 P.2d 466 (Cal. Ct. App. 1942).
“But we find nothing in the evidence to show that the acknowledgment was not “due,” that is, legal, proper and according to law.”
Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 1986).
“" Civil Code section 1189 provides that the form of a certificate of acknowledgment of an instrument executed by an individual must be substantially in the following form: "State of ________________) ) ss.”
Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 1988).
“" (Civ. Code, § 1189.)3 Section 1200 sets forth what must be contained in a "certificate of proof": "An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by law to be done or…”
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