Notarial Certificate Required
Colorado Notary Training classes must teach the duty to include a notarial certificate on a notarized document. This means that the document must include a certificate for an acknowledgment, signature witness, jurat (oath or affirmation), or a copy certification before it is notarized.
The document preparer should include the correct type of notarial certificate, to match the intended purpose of the document. Documents that need the permission, approval, agreement, or consent of the signer typically have an acknowledgment attached.
Documents that need the signer to make a sworn statement typically have an oath or affirmation attached. A certified copy must include a copy certification.
Selecting a Notarial Certificate
If the document does not have a notarial certificate attached, the notary may provide information on the different types of notarial certificates available. The notary may not select the certificate for the customer since that might be considered the unauthorized practice of law (UPL). The signer, document preparer, or legal advisor should choose the type of certificate.
The most common reason for a missing certificate is because the signer has written the document, rather than an attorney or professional document preparer.
Attaching Loose Certificate
For best security, the certificate should be included in the document. If it is missing, the notary can print or stamp the required wording for the certificate, or attach a loose certificate to the document by using a staple, grommet, or another secure method of attachment.
Fraud Prevention
The certificate should include the state and county (venue), the date and type of notarial act, the name(s) of the signer(s), and the official signature and stamp of the notary. When a loose certificate is attached, it is a best practice for security to include a description of the attached document, so that the certificate cannot be removed and attached to another document to commit fraud.
Compliance
The notary should review the certificate to make sure that it is true, correct, complete, and compliant with notary law. The requirements for a Colorado notarial certificate are defined in CRS 24-21-515.
Some certificates are verbose and may make the notary a party to the transaction. The notary needs to remain a neutral, impartial witness, not a participant outside of the role or authority of a notary.
Some certificates may use language that is obsolete or is valid in one state but not another.
Notarial Certificate Surplusage and Unauthorized Acts
All information in the notarial certificate must be true and correct and in compliance. Some notarial certificates include the essential elements and wording required or acceptable by law, but then add surplus or supplemental wording requiring the notary to exceed authority by performing additional actions, services, or factual verifications that are not authorized by notary law.
As a public official, a notary is an agent for the state government, not an independent contractor for hire. The notary does not verify or certify a signer’s marital status, job title, also known as (AKA) name, previous or maiden name, proofread, verify or compare documents, or perform an ID verification or record ID number information on a document as a notarial act.
Surplus wording in the notarial certificate may be lined out, dated, and initialed, or a compliant certificate with proper wording may be written by hand or attached. The notary should ask the customer which method and type of certificate they prefer.
If a non-compliant certificate is not used, it should be crossed out with a neat diagonal line. A note should be added stating “See attached Colorado compliant notarial certificate.” A compliant certificate should be securely attached.
When acting in the official capacity of a notary public, only authorized notarial acts and services may be performed.
Colorado Notary Training teaches the required elements to help the notary avoid errors and omissions and provide good customer service to the public.
[Updated 2022-03-30] added information about compliance, surplusage, supplemental and unauthorized wording
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