Do You Need to Circle Pronouns on Notarial Certificates? Here’s What You Should Know

Ensuring the accuracy and legality of notarial certificates is a crucial responsibility for notary signing agents. One detail that often raises questions is the practice of circling pronouns (he/she/they) on these certificates. This article will explore the necessity and best practices for circling pronouns on notarial certificates, including state-specific requirements, legal implications, and practical tips for notary signing agents.

The Role of a Notary Signing Agent

A notary signing agent (NSA) is a specialized notary public who handles and oversees the signing of loan documents and other significant legal documents. Their primary role is to ensure that the documents are properly executed, the identities of the signers are verified, and all procedures comply with state and federal laws. This meticulous attention to detail helps prevent fraud and ensures the legality of the documents.

The responsibilities of a notary signing agent extend beyond mere document verification. They must also ensure that all elements of a notarial act are correctly completed, including the proper handling of pronouns on notarial certificates. Given the diversity of state laws and individual document requirements, notary signing agents face numerous challenges, including staying updated with regulations and avoiding common mistakes.

Understanding Notarial Certificates

Notarial certificates are documents completed by a notary public that certify the performance of a notarial act. These certificates serve as proof that a specific action, such as an acknowledgment or jurat, was performed according to the legal requirements.

There are different types of notarial certificates, including acknowledgments, jurats, and affidavits. Each type serves a unique purpose and has specific requirements. Key components of a notarial certificate typically include the date, location, name of the signer, and the notary’s signature and seal. Pronouns are included to clearly indicate the gender of the person whose signature is being notarized, ensuring that the document is correctly attributed.

Pronouns in Notarial Certificates

Pronouns on notarial certificates (he, she, they) are used to clearly identify the gender of the individual signing the document. This practice helps avoid ambiguity and ensures that the certificate accurately reflects the identity of the signer. Properly identifying and marking pronouns is crucial for the legality and clarity of the notarial act.

For example, a notarial certificate may include a phrase like, “On this day, before me personally appeared [name], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same in his/her/their authorized capacity.” In this context, circling the appropriate pronoun helps avoid confusion about the signer’s identity and ensures the certificate is legally binding.

State-Specific Requirements

The requirements for circling pronouns on notarial certificates can vary significantly by state. Some states have specific regulations and guidelines on how pronouns should be handled, while others leave it to the discretion of the notary. It is essential for notary signing agents to be familiar with their state’s requirements to ensure compliance and avoid potential legal issues.

Staying updated with local laws is critical for notary signing agents. They should regularly review state notary handbooks, attend training sessions, and consult legal resources to stay informed about any changes in notarial practices and regulations.

Legal Implications of Incorrect Pronoun Use

Incorrect use of pronouns on notarial certificates can lead to legal consequences. If a notarial certificate is found to be inaccurate, it may be deemed invalid, potentially leading to disputes or legal challenges. In some cases, the notary signing agent may be held liable for any resulting damages or legal issues.

For example, if a pronoun is not correctly circled, it could create ambiguity about the signer’s identity, leading to questions about the document’s authenticity. To mitigate these risks, notary signing agents should adhere to best practices and ensure that all details on the notarial certificate are accurate and complete.

Conclusion

If your state doesn’t mandate it, it’s best to not circle pronouns to avoid potential document rejection and embarassing situations.

Circling pronouns on notarial certificates is a small but crucial detail that notary signing agents must not overlook. Understanding the importance of this practice, staying informed about state-specific requirements, and adhering to best practices can help notaries ensure the accuracy and legality of their work. By utilizing available resources and continually improving their knowledge and skills, notary signing agents can confidently navigate the complexities of their role and provide reliable, accurate services to their clients.