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Notarial Acts/Documentation

A client brings an out-of-state document that requires an Acknowledgment. The pre-printed form requires the notary to certify that the signer is the 'President of the Corporation.' Can a California notary complete this specific form?

A

Yes, provided the client shows a corporate resolution proving their title.

B

No, California notaries can never use out-of-state notarial wording.

C

No, because a California notary cannot determine or certify that the signer holds a particular representative capacity.

D

Yes, because California notaries must comply with the receiving state's laws.

Correct Answer

C. No, because a California notary cannot determine or certify that the signer holds a particular representative capacity.

AI Explanation

Representative capacity restrictions. According to Civil Code section 1189(c), a notary may complete an out-of-state acknowledgment form ONLY IF the form does not require the notary to determine or certify that the signer holds a particular representative capacity (like 'President' or 'Trustee'). California law prohibits certifying representative capacity.

Notarial Acts/Documentation Question #63
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