Public Information: A notary is a public officer appointed
under authority of State law who has power under the law to
affidavits, to take acknowledgments,
depositions or testimony, and to take certain
actions in some commercial transactions, such as the
negotiable instruments. Documents and signatures
of the notary are authenticated by recognition of the notary
Publics are prohibited by law from rendering legal advice of
any nature during or in conjunction with a Notarial Act. If
you have any questions, please consult an attorney PRIOR to
contacting a Notary.
Notary Public is bound by the laws of the State of
California. The Notary Public/Signing Agent is not a legal
representative of either the borrower or the lender and
therefore cannot and will not render any legal advice, nor
give any opinion of the loan or its terms during the course
of the loan signing.
Notaries are commissioned by the Secretary of State as a
public officer qualified and bonded under the laws of a
particular jurisdiction for the performance of notarial
acts, usually in connection with the execution of some
notarization fees are based on the California statutory
code. State of California standard per notarized signature
does not regulate additional charges for items such as
travel, copying, faxing, documentation, preparation and any
other related service. No two notarizations are exactly
alike, some require hours of preparation while others may
require only the completion of a simple form; fees may
reflect this. For actual notarization and service fees,
please request a quote prior to services. To allow for
expedient notarization without incurring additional fees,
please be certain all documents are appropriately completed.
Notaries cannot "back date"
documents as it is illegal to do so.
(Oath / Affirmation)
An oath is
an outward pledge given by the person taking it that his
attestation or promise is made under an immediate sense of
his responsibility to God. In a broad sense the word “oath”
includes all forms of attestation by which a person
signifies that he is bound in conscience to perform an act
faithfully and truly, and in this sense it includes
“affirmation”. An affirmation is a solemn and formal
declaration or asseveration in the nature of an oath that a
statement, or series of statements, is true. When an oath is
required or authorized by law, an affirmation in lieu
thereof may be taken by any person having conscientious
scruples against taking an oath. As a general rule, an
affirmation has the same legal force and effect as an oath.
written statement attesting to the administration of an oath
or affirmation is known as a jurat. The jurat must be signed
and sealed by the notarizing officer.
affidavit is a written declaration under oath made before
some person who has authority to administer oaths, without
notice to any adverse party that may exist. One test of the
sufficiency of an affidavit is whether it is so clear and
certain that it will sustain an indictment for perjury, if
found to be false. An affidavit differs from a deposition in
that it is taken ex parte and without notice, while a
deposition is taken after notice has been furnished to the
opposite party, who is given an opportunity to cross-examine
Affidavits are usually drawn by competent attorneys or are
set out in established forms.
acknowledgment is a proceeding by which a person who has
executed an instrument goes before a competent officer or
court and declares it to be his act and deed to entitle it
to be recorded or to be received in evidence without further
proof of execution. An acknowledgment is almost never made
under oath and should not be confused with an oath.
Moreover, an acknowledgment is not the same as an
attestation, the latter being the act of witnessing the
execution of an instrument and then signing it as a witness.
Instruments requiring acknowledgment generally are those
relating to land, such as deeds, mortgages, leases,
contracts for the sale of land, and so on.
authentication is a certification of the genuineness of the
official character, i.e., signature and seal, or position of
a foreign official. It is an act done with the intention of
causing a document which has been executed or issued in one
jurisdiction to be recognized in another jurisdiction.
Documents which may require authentication include legal
instruments notarized by foreign notaries or other
officials, and copies of public records, such as birth,
death, and marriage certificates, issued by foreign record
keepers. Contact the
Secretary of State for more information.
deposition is the testimony of a witness taken in writing
under oath or affirmation, before some designated or
appointed person or officer, in answer to interrogatories,
oral or written.
certified copy if a copy which contains a statement that the
certifying notary has examined the original and the copy and
that the copy is a true and correct copy of the original.
Protest (Certificate of
Dishonor) (Notice of Dishonor)
is a certificate of dishonor made by a United States consul
or vice consul, or a notary public or other person
authorized to administer oaths by the law of the place where
dishonor occurs. It may be made upon information
satisfactory to that person. The protest shall identify the
instrument and certify either that presentment has been made
or, if not made, the reason why it was not made, and that
the instrument has been dishonored by nonacceptance or
nonpayment. The protest may also certify that notice of
dishonor has been given to some or all parties.