Choosing the Right Notarial Certificate: A Guide for California Notaries
Every notarization needs the right certificate. Using the wrong one can invalidate the entire act, cause documents to be rejected by title companies or courts, and expose you to liability. Here is how to pick the correct certificate for each situation in California.
California law requires notaries to use state-prescribed wording for acknowledgment and jurat certificates. Government Code section 8202 (acknowledgments) and section 8203 (jurats) specify the exact language. You cannot substitute your own wording or use forms from another state.
The Two Most Common Certificates
Acknowledgment
An acknowledgment verifies that the signer appeared before you, was identified, and acknowledged signing the document willingly. You do not verify the truthfulness of the document’s contents. The signer does not need to sign in your presence, but must appear before you to acknowledge the signature.
Used for: Deeds, powers of attorney, and other documents involving property transfers or granting authority.
Steps:
- Verify the signer’s identity with a government-issued photo ID.
- Confirm the signer is signing willingly.
- Complete the acknowledgment certificate (venue, date, signer’s name, your name).
- Sign and affix your seal.
Jurat
A jurat requires the signer to sign in your presence and take an oath or affirmation that the contents of the document are true. You are certifying that the signer swore to the truthfulness of the document under penalty of perjury.
Used for: Affidavits, depositions, and any document requiring a sworn statement.
Steps:
- Verify the signer’s identity.
- Administer an oath or affirmation (“Do you swear or affirm that the contents of this document are true?”).
- Watch the signer sign the document.
- Complete the jurat certificate.
- Sign and affix your seal.
For a detailed comparison, see our guide on acknowledgment vs. jurat in California.
Other Notarial Acts
Copy Certification
California notaries can certify copies of only two things: powers of attorney and entries in their own notary journal. You cannot certify copies of diplomas, birth certificates, contracts, or any other documents. If someone needs a certified copy of a birth certificate, they must get it from the county recorder’s office.
Oath or Affirmation (Without a Document)
Notaries can administer oaths and affirmations for oral statements, such as for court filings or government applications. No document signing is involved. You still verify identity and record the act in your journal.
Proof of Execution by Subscribing Witness
When the principal signer cannot appear, a subscribing witness who personally saw the signer execute the document can appear before the notary instead. This is limited to specific situations under California law. The subscribing witness must be identified and must take an oath.
How to Choose the Right Certificate
- If the document says “acknowledged before me” or “proved to me” — use an acknowledgment.
- If the document says “subscribed and sworn” or “affirmed” — use a jurat.
- If the document does not have any certificate wording — ask the signer what type of notarization they need. If they do not know, explain the difference and let them choose.
You cannot decide for the signer which certificate to use. That is giving legal advice. Your job is to explain what each one does and let the signer choose. If the document already has certificate wording printed on it, follow that wording.
California law requires you to use the state-prescribed certificate forms. You can download them from the Secretary of State’s website. For a printable version, see our blank notary form guide.
Common Mistakes to Avoid
- Using a jurat when an acknowledgment is required (or vice versa)
- Failing to administer the oath when completing a jurat
- Letting someone sign a jurat document before they appear before you
- Not properly identifying the signer
- Using an out-of-state certificate form that does not meet California requirements
Keep a detailed notary journal for every act. It protects you if a notarization is ever challenged.
Certificate Requirements Under California Law
Every notarial certificate in California must include:
- Venue: The state and county where the notarization took place.
- Date: The date the notarization was performed.
- Signer’s name: The name of the person whose signature is being notarized.
- Type of act: Whether it is an acknowledgment, jurat, or other notarial act.
- Notary’s signature: Your official signature as it appears on your commission.
- Notary’s seal: Your official stamp, including your name, commission number, and expiration date.
If any of these elements are missing, the notarization may be rejected by the county recorder, a title company, or a court. For more on seal requirements, see our guide to the California notary seal.
Frequently Asked Questions
What is the difference between an acknowledgment and a jurat?
An acknowledgment verifies identity and willingness to sign. A jurat requires the signer to sign in your presence and swear to the truthfulness of the document’s contents.
Can I choose the certificate type for the signer?
No. The signer or the document itself determines the type of notarization. If the document has certificate wording, follow that. If not, explain the options and let the signer decide.
Can I certify a copy of a birth certificate?
No. California notaries can only certify copies of powers of attorney and their own journal entries. Birth certificates must be obtained as certified copies from the county recorder.
Do I need to use California-specific certificate forms?
Yes. California has prescribed wording for acknowledgments and jurats. Using out-of-state forms may not meet California requirements and could invalidate the notarization.
What happens if I use the wrong certificate?
The notarization may be invalid. This can cause the document to be rejected by the receiving party, delay transactions, and expose you to liability.
