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**** California notary public are prohibited from performing any duties that may be construed as the practice of law. Among the acts which constitute the practice of law are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice in relation to any legal documents or matters. ***
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Type of Notarizations in California
There are numeros documents and forms that required notarizations. In California there is two notarial act notaries perform Acknowledgment or Jurat.
What is an Acknowledgment?
An acknowledgement is used to verify the identity of the signer and to confirm that they signed the document. They are not swearing to the truthfulness or validity of the document, they are simply acknowledging that they signed the document. For an acknowledgement in the state of California, a signer is not required to sign the document in the presence of the notary public, but they are required to personally appear in front of the notary to confirm their signature.
What is a Jurat?
A jurat is used when the signer is swearing to the content of the document. The notary must administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that the signer signs in the presence of the notary.
Can A Notary Public help you choose which notarization to do?
No. California notaries public are not allowed to determine which type of certificate a signer uses. To do so would be considered practicing law without a license. A Notary can only ask the signer which form they prefer; if they don't know, the notary will refer them to the originator of the document for an answer.
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