FAQ – My Escrow Agent wants me to sign stating my capacity.  Can you notarize that document?

While you can state your capacity, such as Trustee, CEO, or Partner, a notary cannot insert that capacity title in the Acknowlegment or Jurat.

The form most frequently completed by the notary public is the certificate of acknowledgment. The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In the certificate of acknowledgment, the notary public certifies:

• That the signer personally appeared before the notary public on the date indicated in the county indicated;
• To the identity of the signer; and
• That the signer acknowledged executing the document.

The certificate of acknowledgment must be filled completely out at the time the notary public’s signature and seal are affixed. The certificate of acknowledgment is executed under penalty of perjury.

ANY CERTIFICATE OF ACKNOWLEDGMENT TAKEN WITHIN THIS STATE SHALL BE IN THE FORM PROSCRIBED BY LAW.

Note: An acknowledgment cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. Also, a notary public seal and signature cannot be affixed to a document without the correct notarial wording.

The one exception is that a notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.