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JURAT

  •  A verification (Jurat) contains the words "subscribed and sworn (or affirmed) before me...." When this language is used, you must verbally administer an oath to the signer prior to the execution of the document.
  • An oath can be administered as follows: "Do you swear that the statements in this document are true?" When a person is unable to "swear" due to personal or religious beliefs, the following oath may be used: "Do you affirm that the statements contained in this document are true?"
  • To notarize the Jurat without administering the oath can affect the validity of the document.


In Addition, a lawful notary in the state of California must have these five elements.  

If any of these elements are missing the notary cannot proceed:


  • Requires Personal Appearance  - This essential element of the notarial act is personal, face-to-face communication between the document signer and the notary. 
  • Document Must Be Complete - Any document needing to be notarized, must be complete.  All pages or attachments, must be present.  Any dates, need to be dated for that day or earlier, but never later than the notarization date.  
  • Notary Must Identify and Screen the Signer - The notary must be able to assess the signer's awareness and willingness that they are signing of free will, to help ensure that neither coercion nor fraud are present.   As well, a notary’s is to determine beyond all reasonable doubt, the identity of the signer.  This is done by providing Satisfactory Evidence.  The signer may produce a state-approved Identification Document, or have witnesses present, and have them provide an oath of one or two credible witnesses.  
  •  Record the Notarization in a Journal - Then journal is the paper trail, which is sometimes needed to be used in a court of law. 

(Continued)

  • Complete the Certificate -  This certificate is the notarial wording or language which records and describes the events of the process of performing the notarial act. The wording may be printed on the document following the signer's signature, or it may be on a separate attached form, known as a "loose notarial certificate." Without a completed notarial certificate, the notarization is incomplete and may be open to legal challenge. 


Remember that documents requiring just an acknowledgment may already bear the signer’s signature at the time of notarization, but the signature must clearly be the signer’s “wet ink” signature.  Documents requiring an oath, including a Jurat, must be signed in the notary’s presence. 

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East Bay Homes By Val / Keller Williams East Bay

201 N Civic Drive Ste 130 Walnut Creek, CA 94596

925-262-7603

Each Office Is Independently Owned and Operated

DRE# 02135139 - Download My Local Home Search App

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