NOTARY ALERT

NOTARIAL ACKNOWLEDGEMENT CHANGES EFFECTIVE

JANUARY 1, 2008

Pursuant to AB 886, effective January 1, 2008, a new form of notarial acknowledgement must be used in connection with recording of documents in California. The new form does not allow for an acknowledgement based upon personal knowledge. Rather, it requires verification of identity based upon “satisfactory evidence.” Such evidence includes a California Driver’s License or Department of Motor Vehicle Identification Card which is current or issued within the last five years, or a current United States Passport. Out of state licenses and foreign passports may also qualify, with additional verification requirements.  Thumbprints will now be required for acknowledgement of a power of attorney (in addition to deeds, quitclaims and deeds of trust).  

THE LANGUAGE OF THE NEW NOTARIAL ACKNOWLEDGEMENT FORM IS AS FOLLOWS: 

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State of California              )

County of ___________   )

On ______________________ before me, __________________, 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)

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THE NEW FORM OF JURAT IS AS FOLLOWS:

 

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State of California

County of _______________

Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal________________________

Signature___________________

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Individuals executing documents (whether for themselves or on behalf of an organization) will need to have a driver's license or other acceptable form of identification to present to the notary each time they sign a notarized document, as the notary can no longer rely on personal knowledge (and could be fined up to $10,000 for failing to verify identity based upon "satisfactory evidence").