Common Mistakes: No Notarial Certificate/Jurat
The Colorado Secretary of State has listed a number of common mistakes for notary publics to avoid on their website. Of course, all of these mistakes are also covered in our Colorado Notary Training and in the Colorado notary handbook, but since the state has specifically mentioned them, we feel that it’s important to cover them here, too, so you can be even more prepared for the notary exam. This is part one in a four-part series of blog posts.
The first mistake to avoid is not including a notarial certificate. Colorado law requires that a complete notarial certificate appears on the document whenever a notarization is performed. If a notary public is being asked to sign a document, the notary public must be performing one of these three notarial acts:
- Administer an oath or affirmation to the person or client that is signing the document to be notarized.*
- Take an acknowledgment from the person or client regarding the execution of the document.*
- Certify a copy of an original document.*
* Remember that all of these act must be performed within the physical presence of the notary public.
A required part of the notarial process for these acts is to include a complete notarial certificate. This certificate must include the following information:
- The state and county where the notarization was performed.
- The date the notarization was performed.
- The type of notarial act perfomed by the notary public. This is indicated by specific language that is found in the notary law.
- The official signature and stamp/seal of the notary public. These seals must meet the requirements specified in the notary law.
Frequently Asked Questions
What is a notarial certificate?
A written statement completed by the notary that includes the venue, date, type of notarial act performed, and the notary’s signature and seal.
Can I notarize a document without a notarial certificate?
No. Colorado law requires a complete notarial certificate on every notarized document.
What are the three types of notarial acts in Colorado?
Administering an oath or affirmation, taking an acknowledgment, and certifying a copy of an original document.
Does the signer need to be physically present for every notarial act?
Yes. All three notarial acts must be performed in the physical presence of the notary (unless using approved remote notarization).
What information must be on the notarial certificate?
The state and county, date of notarization, type of notarial act with correct statutory language, and the notary’s official signature and stamp.
