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Notarial Acts/Documentation

A California notary public is presented with a document that was prepared in Texas and will be filed in Texas. The document contains a Texas-style acknowledgment certificate form. May the notary complete this certificate?

A

Yes, but only if the document is also filed in California.

B

No. A California notary may only use California-approved acknowledgment certificate forms on all documents.

C

No. The signer must appear before a Texas notary to have the document notarized using the Texas form.

D

Yes. For documents to be filed in another state, a California notary may complete the acknowledgment form required by that state, as long as it does not require the notary to make determinations not allowed by California law.

Correct Answer

D. Yes. For documents to be filed in another state, a California notary may complete the acknowledgment form required by that state, as long as it does not require the notary to make determinations not allowed by California law.

AI Explanation

Notarizing documents to be filed in another state. Civil Code section 1189(c) provides that for documents to be filed in another state or jurisdiction, a California notary public may complete any acknowledgment form required by that other state or jurisdiction, 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.

Notarial Acts/Documentation Question #252
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