Notarial Acts and Certificate Requirements
Certificate anatomy
A Minnesota notarial certificate should identify the signer, state the act performed, show the date of the act, and carry the notary's signature and official stamp. Acknowledgment wording says the signer "personally appeared before me" and "acknowledged" execution. Jurat wording says the signer "subscribed and sworn to (or affirmed) before me" on a stated date. The certificate must be truthful; a notary may not sign a blank or pre-dated certificate.
Choosing the right act
The document usually specifies the act in its notarial block. If a lender asks for an acknowledgment, do not upgrade it to a jurat because the signer seems earnest. If a document has no certificate, the notary may attach a loose certificate that identifies the document, but the notary must not draft the substantive document.
Worked example
A signer brings a power of attorney with an acknowledgment block reading "acknowledged before me" but no date. The notary confirms identity, watches the signature, fills in the date as the actual date of the act, signs, and stamps. The notary does not backdate to the date the signer first thought about signing and does not add "sworn" language.
Traps
- Pre-signing or pre-dating; the date must be the date the act occurred.
- A certificate missing the stamp, the notary's signature, or the commission expiration.
- Writing a certificate for an act that was not performed.
- Altering a certificate after the signer leaves.