Thread Topic: question about claimed capacity
Topic Originator: P Magnusson
Post Date June 3, 2010 @ 12:08 PM |
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P Magnusson
2 Posts
(Grass Valley, CA)
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Hi there -
A (perhaps dumb) question about claimed capacity. I have a letter with a signature to authorize; the signature line of the letter includes the signer's rank (undersheriff in a law enforcement office).
The acknowledgement verbiage is the standard California acknowledgement verbiage; only the signer's name is inserted (i.e., no rank/capacity is claimed).
Around here, the sense is that "we've always done it this way." :) Is it okay - i.e., is this claiming a capacity, or not?
Thanks so very much!
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Paul Williamson
103 Posts
(Inverness, FL)
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Capacity shown on the signature line, not a problem. Capacity is never shown in a notarial certificate in CA. That's the way it has to be done. However the signature line show is immaterial to the notary, only how the signer's name appears in the notarial certificate.
Please note the following excerpt from the CA Code:
A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.
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Lisa Thornton
288 Posts
(Upland, CA)
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Paul is correct.
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P Magnusson
2 Posts
(Grass Valley, CA)
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Thanks so much, both of you! I appreciate the ability to clarify that issue.
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