Chapter 4

Notarial Ceremonies

Taking an acknowledgement

When a notary completes a certificate of acknowledgement, it will be assumed that the notary has done all of the following:

1. Required that the acknowledging party be in the notary's presence, or by approved remote online notarization procedures;
2. Satisfactorily identified the party;
3. Determined that the party knew what kind of document was being signed, and its intended purpose;
4. Determined that the party signed the document voluntarily, of their own free will and
5. Witnessed the acknowledging party actually signing the document, or, if the document was signed previously, has shown the signature to the party, and asked the party to confirm having made the signature.

There is no specific required language for performing the notary "ceremony" of taking an acknowledgement, but whatever language you use must satisfy the items numbered 1-5 listed above. The following script is an example of ceremonial language which satisfies those requirements:

Notary:

Do you have one form of picture and signature identification showing your name and address that I could use to verify your identity?

Acknowledging Party:

Yes; I have a driver's license with my picture on it. Here, will this do?

Notary:

(Examines and returns identification.) Yes. Thank you. Please don't put your ID away. I'll need to look at it later. Would you please show me the document you need to have notarized?

Acknowledging Party:

Here is the document.

Notary:

Thank you. In order to certify your acknowledgement, I am required to make sure that you know what kind of document you are signing, and that you have signed it for the purpose for which it is intended. I am also required to make sure that you are signing of your own free will.

Acknowledging Party:

O.K.

Notary:

So, what kind of document is this?

Acknowledging Party:

It's a deed. (Notary confirms this.)

Notary:

Are you signing it of your own free will and for the purpose of deeding?

Acknowledging Party:

Yes, I am.

Notary:

Please sign here. (Notary witnesses signing) Now, may I please see your ID again? (Notary verifies that signature on document matches the signatures on the ID.)

The Notary then completes an appropriate certificate of acknowledgement, signs and seals it. The following text is an example of the language which could be used in a satisfactory certificate of acknowledgement:

State of Wisconsin

County of Dane

This instrument was acknowledged before me in Madison on June 1, 2011 by Jane Smith.

(Signed by) John Doe, Notary Public
My commission expires on November 13, 2014
Seal is then impressed upon certificate.

(NOTE: A notarial officer, such as a judge, court commissioner, or county clerk, who has been specifically authorized by statute to perform notarial acts without a notary public commission should include his/her title and use the seal of his/her office if required to have one.)

Notarizing an Unsworn Signature

When a notary notarizes an unsworn signature, it will be assumed that the notary has done all of the following:

1. Required that the signing party be in the notary's presence, or by approved remote online notarization procedures;
2. Satisfactorily identified the party; and
3. Witnessed the party actually signing the document.

There is no specific required language for performing the notary "ceremony" of notarizing an unsworn signature, but whatever language you use should satisfy the items numbered 1-3 listed above. The following script is an example of ceremonial language which satisfies those requirements:

Notary:

Do you have one form of picture and signature identification, showing your name and address, that I could use to verify your identity?

Signing Party:

Yes, I have a picture credit card. Here, will this do?

Notary:

(Examines and returns identification.) Yes. Thank you. Please don't put your ID away. I'll need to look at it later. Would you please show me the document you need to have notarized?

Signing Party:

Here it is.

Notary:

Thank you. In order to notarize this document, I will need to have you sign it in front of me. Are you prepared to do that?

Signing Party:

Yes I am.

Notary:

Please sign here. (Notary witnesses signing) Now, may I please see your ID again? (Notary verifies that signature on document matches the signatures on the ID.)

The Notary then completes an appropriate certificate for witnessing a signature, signs and seals it. The following text is an example of the language which could be used in a satisfactory certificate of witnessing a signature:

State of Wisconsin

County of Dane

This instrument was signed before me in Madison on June 1, 2011 by Jane Smith.

(Signed by) John Doe, Notary Public
My commission expires on November 13, 2014
Seal is then impressed upon certificate.

(NOTE: All commissioned notaries public, including attorneys, must impress their notary seal on the Notarial certificates they issue. Other Notarial officers specifically authorized by statute to perform Notarial acts without a notary public commission - such as judges, court commissioners and county clerks - should state their title, and use their seals of office if they are required to have one.)

Notarizing a Statement Sworn To, or Taken Under Oath or Affirmation and Providing a "Jurat"

When a notary takes a sworn statement, or a statement made under oath or affirmation, it will be assumed that the notary has done all of the following:

1. Required that the signing party making the statement be in the notary's presence, or by approved remote online notarization procedures;
2. Satisfactorily identified the party;
3. Required the party to specifically confirm that they swear, or affirm under penalty of perjury, that the statements in the document to be notarized are true; and
4. Witnessed the party actually signing the document.

There is no specific required language for performing the notary "ceremony" of notarizing a sworn or affirmed document, but whatever language you use should satisfy the items numbered 1-4 listed above. The following script is an example of ceremonial language which satisfies those requirements:

Notary:

Do you have one form of picture and signature identification, showing your name and address, that I could use to verify your identity?

Signing Party:

Yes, I have a driver's license. Here, will this do?

Notary:

(Examines and returns identification.) Yes. Thank you. Please don't put your ID away. I'll need to look at it later. Would you please show me the document you would like to swear to and have notarized?

Signing Party:

Here it is.

Notary:

Thank you. In order to notarize this document, I will need to have you specifically swear to me that the statements you have made in it are true. Are you willing to do that?

Signing Party:

Yes (If, as a matter of conscience, a party says "no" because they are unwilling to "swear" or take an oath, the party may instead "affirm" to the truth of their statements, "under penalty of perjury". If that is the party's choice, the words "affirm under penalty of perjury" may be substituted for the word "swear" in the following statement, and the words "so help you God" are eliminated.)

Notary:

Please raise your right hand. Now, do you solemnly swear that the statements in the document you have asked me to notarize are the truth, the whole truth, and nothing but the truth, so help you God?

Signing Party:

Yes, I do.

Notary:

Please sign here. (Notary witnesses signing) Now, may I please see your ID again? (Notary verifies that signature on document matches the signatures on the ID.)

The Notary then completes a Notarization certificate or jurat, and signs and seals it. The following text is an example of the language that could be used in completing a jurat or certificate notarizing a signed and sworn statement:

State of Wisconsin
County of Dane

This instrument was signed and sworn before me in Madison on June 1, 2011 by Jane Smith.

(Signed by) John Doe, Notary Public
My commission expires on November 13, 2014
Seal is then impressed upon certificate.

(NOTE: All commissioned notaries public, including attorneys, must impress their notary seal on the Notarial certificates they issue. Other Notarial officers specifically authorized by statute to perform Notarial acts without a notary public commission, such as judges, court commissioners and county clerks, should state their title, and use their seals of office if they are required to have one.)

Notarial Ceremonies When a Party is Signing a Notarized Document in a Representative Capacity

If a party is signing a notarized document in a representative capacity for another person or entity - for example, a corporation president signing on behalf of a corporation, or a personal representative or executor signing on behalf of an estate - the notary should specifically have the party confirm that they are "duly authorized" to sign on behalf of the person or entity being represented:

Notary:

Are you signing on behalf of the ABC Corporation?

Party:

Yes.

Notary:

And have you been duly authorized by the ABC Corporation to sign on its behalf as its President?

Party:

Yes.

NOTE:

1. The preceding language confirming that a party is duly authorized to sign in a representative capacity should be added to any of the ceremonies described above, when appropriate.
2. When a document is signed in a representative capacity, language indicating that should be included in the notary certificate. Proper language to be added to a notary certificate to indicate a "representative" signature may read, for example, as stated in the following bold text:
   1. For an acknowledgement: This instrument was acknowledged before me in Madison, on June 1, 2011, by Sarah Smith, as the duly authorized executrix of the estate of John Smith.
   2. For an unsworn signature: This instrument was signed before me in Madison on June 1, 2011, by Robert Jones, as the duly authorized President of the ABC Corporation.)

Chapter 4 Quiz

1. Which of the following is an example of a statement for an acknowledgement?
   

   This instrument was signed before me in Madison, WI on June 1, 2011 by Jane Smith.

   This instrument was acknowledged before me in Madison, WI on June 1, 2011 by Jane Smith.

   No statements are required on acknowledgements.

   This is a copy of a document signed before me.

   
   
2. A document is emailed to your office requesting that it be notarized. The document is already signed by the person. She has sent a copy of her driver's license. You can notarize the document.
   

   True

   False

   
   
3. Which of the following is an example of the statement for notarizing a copy of a document when you, the notary, have made the copy?
   

   This document was signed before me on January 15, 2011, by Jane Smith.

   Signed and sworn to before me on January 15, 2011, by Jane Smith.

   No statement is required when the notary personally makes the copy.

   I certify that this is a true and correct copy of a document in the possession of Jane Smith. Dated January 15, 2011.