Essential Verbal Ceremonies Every California Notary Should Master
Every notarization involves a spoken exchange between the notary and the signer. These verbal ceremonies are legally required in California. Skipping them or doing them wrong can invalidate the notarization. Here are the three you need to know.
The Acknowledgment Ceremony
An acknowledgment confirms that the signer appeared before you, was identified, and acknowledged signing the document willingly. The signer does not need to sign in your presence, but they must appear before you to acknowledge the signature.
What to say: “Do you acknowledge that this is your signature and that you signed this document freely and voluntarily?”
The signer must respond affirmatively (usually “yes”). If they hesitate or say no, stop the notarization.
Acknowledgments are used for deeds, powers of attorney, and other documents where the signer needs to confirm they signed willingly. This is the most common notarization type in real estate transactions. A deed of trust, a grant deed, and a quitclaim deed all use acknowledgments. For more on when to use this versus a jurat, see our acknowledgment vs. jurat guide.
One common mistake: asking the signer “did you sign this?” instead of using the acknowledgment language. The signer is acknowledging the signature voluntarily, not just confirming they signed. The distinction matters in court.
The Oath or Affirmation (Jurat Ceremony)
A jurat requires the signer to swear or affirm that the contents of the document are true. The signer must sign the document in your presence. This is different from an acknowledgment where the signer may have signed earlier.
Oath: “Do you solemnly swear that the contents of this document are true, so help you God?”
Affirmation (for those who prefer not to swear religiously): “Do you solemnly affirm that the contents of this document are true under penalty of perjury?”
Both are legally equivalent. Let the signer choose. The signer must respond affirmatively before you complete the jurat.
Jurats are used for affidavits, depositions, and any document requiring a sworn statement. The signer signs in front of you, you administer the oath, and you complete the jurat certificate. If the signer signed the document before arriving, you must have them re-sign in your presence or decline the notarization.
Copy Certification by Notary
California notaries can certify copies of powers of attorney and entries from their own journal. That is it. You cannot certify copies of birth certificates, marriage certificates, diplomas, court records, or any other document. For those, the holder must request a certified copy from the issuing authority.
What to say: “I certify that this is a true and correct copy of the power of attorney presented to me on [date].”
The notary compares the copy to the original, confirms they match, and completes the copy certification certificate. No oath is required for this type because you are attesting to your own comparison, not the signer’s statement.
Proof of Execution by Subscribing Witness
This is a less common ceremony where a subscribing witness appears before you to prove that the principal signer executed the document. It is only allowed for specific document types and when the principal cannot appear. The witness must personally know the principal and you must personally know the witness.
What to say: “Do you swear or affirm that you personally saw [principal’s name] sign this document, and that you signed it as a witness?”
This ceremony is limited. You cannot use it for documents that need to be recorded with a county recorder in most cases. Check the current Notary Public Handbook before attempting this type of notarization.
What Happens If You Skip the Ceremony
The notarization is invalid. A document with a notary stamp and signature but no verbal ceremony can be challenged in court. If the notarization is for a real estate transaction, an invalid notarization can delay or cancel the closing. If it is for a legal proceeding, the document may be thrown out.
The Secretary of State treats a missing verbal ceremony the same as a missing journal entry: it is a disciplinary offense. Notaries who routinely skip verbal ceremonies risk commission suspension.
Practical Tips
- Speak clearly and make eye contact with the signer.
- Always get a verbal “yes” response. A nod is not enough.
- Record the ceremony in your journal: what type, what you asked, and the signer’s response.
- If the signer does not understand the question, explain it in plain language, but do not explain the document’s legal meaning.
- Decline the notarization if the signer appears coerced, confused, or unwilling.
- Practice your ceremony wording until it feels natural. You will use these same words hundreds of times.
- Keep a reference card with the exact wording for each ceremony type in your notary bag.
Frequently Asked Questions
What is a verbal ceremony in notarization?
It is the spoken exchange between the notary and signer that confirms identity, willingness, and (for jurats) the truthfulness of the document. It is legally required for every notarization in California.
What do I say for an acknowledgment?
“Do you acknowledge that this is your signature and that you signed this document freely and voluntarily?” The signer must say yes.
What do I say for a jurat?
“Do you swear or affirm that the contents of this document are true?” The signer must respond affirmatively before signing in your presence.
Is a nod an acceptable response?
No. The signer must give a verbal affirmative response. If they cannot speak, you cannot proceed with the notarization.
What is the difference between an oath and an affirmation?
An oath invokes a higher power (“so help you God”). An affirmation is a secular promise made on personal honor. Both are legally equivalent.
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 or vital records office.
