Notary Public Handbook - California Page 40
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4838
CIVIL CODE
(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state
if it is taken in accordance with the laws of the place where the acknowledgment is made.
(c) On documents to be filed in another state or jurisdiction of the United States, a California
notary public may complete any acknowledgment form as may be required in that other state
or jurisdiction on a document, provided the form does not require the notary to determine or
certify that the signer holds a particular representative capacity or to make other determinations
and certifications not allowed by California law.
(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable
provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by
Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections
had not been repealed.
§ 1190. Certificate of acknowledgment as prima facie evidence; duly authorized
person
The certificate of acknowledgment of an instrument executed on behalf of an incorporated
or unincorporated entity by a duly authorized person in the form specified in Section 1189
shall be prima facie evidence that the instrument is the duly authorized act of the entity named
in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser,
lessee, or encumbrancer. “Duly authorized person,” with respect to a domestic or foreign
corporation, includes the president, vice president, secretary, and assistant secretary of the
corporation.
§ 1193. Certificate of acknowledgment; authentication
Officers taking and certifying acknowledgments or proof of instruments for record, must
authenticate their certificates by affixing thereto their signatures, followed by the names of
their offices; also, their seals of office, if by the laws of the State or country where the
acknowledgment or proof is taken, or by authority of which they are acting, they are required
to have official seals.
§ 1195. Proof of execution; methods; certificate form
(a) Proof of the execution of an instrument, when not acknowledged, may be made any of
the following:
1. By the party executing it, or either of them.
2. By a subscribing witness.
3. By other witnesses, in cases mentioned in Section 1198.
(b) Proof of the execution of a grant deed, mortgage, deed of trust, quitclaim deed, or security
agreement is not permitted pursuant to Section 27287 of the Government Code, though proof
of the execution of a trustee’s deed or deed of reconveyance is permitted.
(c) Any certificate for proof of execution taken within this state may be in the following
form, although the use of other, substantially similar forms is not precluded:
}
State of California
ss.
County of _________
On __________ (date), before me, the undersigned, a notary public for the state, personally
appeared _________________ (subscribing witness’s name), personally known to me (or proved
to me on the oath of _________________ [credible witness’s name], who is personally known
to me) to be the person whose name is subscribed to the within instrument, as a witness thereto,
who, being by me duly sworn, deposed and said that he/she was present and saw
_________________ (name[s] of principal[s]), the same person(s) described in and whose
name(s) is/are subscribed to the within and annexed instrument in his/her/their authorized
capacity(ies) as (a) party (ies) thereto, execute the same, and that said affiant subscribed his/
her name to the within instrument as a witness at the request of _________________ (name[s]
of principal[s]).
WITNESS my hand and official seal.
Signature ______________________________________
(Seal)
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