What does the phrase "and who did/did not take an oath" mean, and what do I do with it?

For only one year did the phrase "who did/did not take an oath" appear in Florida Statutes, and yet it became such a popular phrase that it is now standard on many pre-printed forms. It is important that you know how to deal with this wording in the appropriate manner to avoid contradicting yourself.

If the pre-printed certificate is an acknowledgment, you should first be sure that the document doesn't require an oath. Look for the words "sworn", "swear", or "affirm" in the document. Many times, if the document is an affidavit, it will open with the wording "Before me personally appeared _________, who being duly sworn deposes and says:". In this instance, the document requires a jurat rather than an acknowledgment, and you should therefore strike out the certificate and replace it with a jurat. If the document doesn't require an oath, you may use the pre-printed acknowledgment certificate. In this case, if the phrase "who did/did not take an oath" appears, you may strike out the entire phrase, or you may strike out the word "did" and underline or circle "did not", so it reads "who did/did not take an oath". You should not simply leave the phrase as is; you must either select an option or strike it completely.

When taking an acknowledgment, an oath is not necessary. An acknowledgment is only an indication by the signer that the signature on the document is their own, and that they executed the document voluntarily, in their authorized capacity, for the purposes therein expressed. This declaration is not sworn to by the signer; it is simply declared or indicated.

Archie v. State, 660 So.2d 348 (Fla. 1st DCA 1995), discusses "acknowledgments under oath" in its dissenting opinion. The dissenting judge in that case, in reference to an acknowledgment certificate containing the phrase "and who did take an oath", stated:

"An 'acknowledgment', even under oath, is nothing more than a confirmation by [the signer] that the signature is genuine. It is not equivalent to swearing under oath that the facts alleged are true and correct."

Thus, an acknowledgment certificate containing the phrase "who did take an oath" requires the signer of the document to swear that the signature is genuine. Administering such an oath does not make the acknowledgment any more or any less valid; it is, in all reality, completely unnecessary. In addition, you should specifically note that adding the phrase "who did take an oath" to an acknowledgment does not make the certificate a jurat, and it is therefore unacceptable for use on an affidavit or other document requiring an oath to be administered.

If the "who did/did not take an oath" language is printed in a jurat, you must always indicate that the signer did take an oath. If you state that the document was "sworn to", but that an oath was not taken, you are contradicting yourself.

Is it illegal to alter a completed notarial certificate?

Yes. Neither the notary nor any other person or entity may alter a completed notarial certificate. F.S. 117.107(8) provides:

A notary public may not amend a notarial certificate after the notarization is complete.

In addition, F.S. 831.01 provides:

Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any [...] notary public [...] shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Unique Jurats

As discussed in my previous post about administering oaths, a jurat is a certificate given under the hand and seal of the notary public where they certify that the signer of a certain document took an oath that the document's contents are correct and signed the document in the notary's presence. Most jurats a notary comes across will be fairly similar to the one provided in Florida Statutes, i.e.:

STATE OF FLORIDA
COUNTY OF ________________

Sworn to (or affirmed) and subscribed before me this _____ day of ___________, 20__, by __________________________, who [ ] is personally known to me or [ ] has produced ____________________________ as identification.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public

If the jurat does not contain all of the above information, such as the venue or type of identification, the Florida notary must, of course, add this information to the certificate, either by printing or typing the additional information onto the pre-printed certificate, or by making a new certificate.

However, although the above form of jurat is certainly the most common, it does not necessarily preclude the use of other forms, provided that the form used contains all of the required information. Another acceptable jurat form would be:

State of Florida
County of __________________

The above named affiant, _________________________, proved to me on the basis of (type of identification) , personally appeared before me, the undersigned Notary Public, and, being by me duly sworn, did depose and state under oath the the statements contained in the foregoing instrument are true and correct to the best of his knowledge, and he did thereupon subscribe his name to the foregoing instrument in my presence, this ______ day of ______________________, 20_____.

_______________________________
Name of Notary Public: ____________________
Notary Public - State of Florida
My Commission Expires:
_______________________________

Although this form may throw you off, it does contain all of the required elements of a jurat under Florida law and is therefore perfectly acceptable.

Another thing to keep in mind is that Florida law distinguishes "administering oaths" and "taking affidavits" as two separate acts under F.S. 92.50. However, in reality, an affidavit is nothing more than a sworn statement made before an officer authorized to administer oaths. It is not considered Unauthorized practice of law for a notary to draft an affidavit for a client; that is, if a client comes to a notary and states that they wish to make a sworn statement, the notary may write or type the statement onto an affidavit form, and "take the affidavit" by administering an oath and executing a jurat. An affidavit is typically made in the following form:

STATE OF FLORIDA
COUNTY OF _________________

Before me, the undersigned authority, personally appeared (name of affiant), who, being by me duly sworn, deposes and says:

(sworn statements are inserted here)

________________________________
(Signature of affiant)

Sworn to (or affirmed) and subscribed before me this _____ day of ___________, 20__, by __________________________, who [ ] is personally known to me or [ ] has produced ____________________________ as identification.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public

You will note that the venue is not required to be immediately above the jurat because it already is stated at the beginning of the affidavit where the notary's certificate begins ("Before me, the undersigned authority...").

Since the taking of affidavits is an authorized duty of a notary public considered separate from general administration of oaths, a notary could also make a sworn statement into an affidavit (at the request of the client) by using the following certificate:

STATE OF FLORIDA
COUNTY OF __________________

The foregoing affidavit was taken by me, the undersigned officer, by virtue of the authority in me vested, the same having been this day sworn to and subscribed in my presence by the within-named _____(name of affiant)______, who [ ] is personally known to me or [ ] has produced _________________ as identification.

Given under my hand and official seal, this _____ day of _______________, 20___.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public

Statutory Short Forms of Acknowledgment

Section 695.25 of the Florida Statutes provides "short forms" of acknowledgment certificates that are sufficient for their respective purposes under any law of the State of Florida. These forms do not, of course, preclude the use of the acknowledgment certificates set forth in chapter 117, F.S., nor do they preclude the use of formal "long form" acknowledgments. However, particularly for real estate related documents, the majority of documents you come across as a notary will use these forms. Therefore, it is important that the notary have a thorough understanding of these "Statutory Short Forms of Acknowledgment".

The most common mistake that notaries make with these forms is in notating the method of identification. The statutory forms use the phrase "who is personally known to me or has produced _______ as identification", but they do not provide check boxes or other means for a notary to select the appropriate option. Therefore many notaries simply leave the phrase alone if the signer is personally known, or, if the signer produces identification, they simply fill in the type of identification in the blank space. However, even leaving the phrase as "who is personally known to me or has produced a Florida driver's license as identification" leaves both methods of identification as possibilities without specific notation as to which was used.

It is therefore imperative that the notary circle or underline the appropriate option and strike out the remaining portion. Therefore, if the signer is personally known to you, the phrase should appear as:

who is personally known to me or who has produced ________________ as identification.

Likewise, if identification is used, the phrase should appear as:

who is personally known to me or who has produced Florida driver license as identification.

If the certificate provides checkboxes however, it is sufficient to simply check off the applicable option without striking out any language, as in "who [ ] is personally known to me or [ X ] has produced FL Driver License #1234567 as identification".

You will also notice that underneath the signature line are spaces for the notary to print his commissioned name, print his title or rank (i.e. "Notary Public - State of Florida"), and serial number (i.e. commission number -or- Notary I.D. number, depending on personal preferenced - this is further discussed in a separate article).

(1) For an individual acting in his or her own right:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(2) For a corporation:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(3) For a partnership:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of
partnership), a partnership. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(4) For an individual acting as principal by an attorney in fact:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced (type of identification) as identification on behalf of (name of principal).

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(5) By any public officer, trustee, or personal representative:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name and title of position), who is personally known to me or who has produced (type of
identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

Why was my notarization rejected by the apostille office?

Notarized documents which are to be used overseas usually require an apostille. This is a document issued by the Department of State which is attached to the notarized document to make it acceptable abroad. Each apostille costs $10.00, and it is the responsibility of the document holder, not the notary, to secure the apostille. However, the Department of State will not issue an apostille if the notary’s certificate does not comply with Florida Statutes.

Most notaries are not aware of all of the strict requirements of notary certificates as set forth in Florida Statutes §117.05(4). Most typically, the notary fails to print, type, or stamp their commissioned name immediately underneath their signature. This must be done in addition to affixing your official seal stamp. If you choose to "stamp" your name underneath your signature instead of printing or typing it, you must use a stamp separate from your official seal.

Another common mistake is failing to include a venue. Every time you notarize a document, the words "State of Florida, County of _____________" must appear above the notarial certificate. The county you fill in is the county where you are physically located when you notarize the document. You must also always indicate whether the signer was identified by your personal knowledge or by another form of identification, and you must specify the specific type of identification used.

Commission Number vs. Serial Number vs. Notary ID Number

The current Statuory Short Forms of Acknowledgment set forth in section 695.25 of the Florida Statutes requires that the officer taking the acknowledgment affix his name, title/rank, and "serial number" underneath his signature. Florida notaries do not have a "serial number". However, there are two identifying numbers attached to notaries - the commission number and the Notary I.D. number.

Each time a notary renews their commission, they receive a new "commission number". The commission number actually refers to the serial number of the notary's commission certificate. Each certificate gets one commission number. Hence, when a notary amends their commission due to a name change, they are required to return their original, which is voided and replaced with a new commission, with a new commission number. The only time a commission number is repeated on another certificate is if the original certificate has been lost. The commission number is required to appear on the notary's official stamp seal.

The Department of State also assigns each notary a "Notary I.D. Number". Whereas the commission number refers to the actual commission certificate, the "Notary I.D." refers to the notary. Therefore, when renewing your commission, your "Notary I.D." number will remain the same each time. The Notary I.D. is assigned mostly to enable the Governor's office to easily keep track of notaries through their state database. It is not required on the official seal.

The question of what constitutes a "serial number" for the purposes of short form acknowledgment certificates has not been addressed by the governor's office. Does "serial number" refer to the identifying number of the notary, or the notary's commission certificate? In my opinion, the serial number should refer to the Notary I.D. number, as this number identifies the actual notary. However, most notaries are writing their commission number in that space, i.e. the number on the seal. The NNA, which is not at all a definitive authority on Florida notary law, suggests in its Notary Law Primer that "serial number" refers to commission number. However, since that number is already visible on the seal, some notaries prefer to write their Notary I.D. number in that space for additional identification purposes. The notary is not obligated by law to provide any number in that space. The only thing a notary must list underneath their signature is their printed, typed, or stamped name as commissioned.

It therefore boils down to personal preference whether you want to write your commission number or your Notary I.D. number in the space for "serial number" on acknowledgment forms.

If the client only needs me to witness their signature, can I just affix my stamp and signature on the document without any notarial certificate?

No. Witnessing of signatures is not an authorized duty of a notary public, except in correlation with another notarial act. If a customer presents you with a document that has no notarial certificate already printed, you should explain the difference between an acknowledgment and a jurat and ask the customer which one they want you to add. You may then print, type, or stamp the appropriate certificate on the document. If there is no room on the document, you may attach a second page with the appropriate wording. However, if you attach a "loose" certificate, you should notate in the certificate what document the certificate is attached to, to prevent your notarial certificate from being attached to another document.

If I stamp my official seal underneath my signature, does this satisfy the requirement that my commissioned name be printed, typed, or stamped?

Section 117.05(4)(h) of the Florida Statutes requires that a notary must print, type or stamp his or her commissioned name underneath his or her official signature on a notarized document. This requirement is listed separately from the requirement that an official seal be affixed. The official position of the Governor's office is that if you choose to stamp your name underneath your signature, it must be a stamp that contains only your name. This must be done in addition to your official seal.

However, the majority of notaries do not comply with this requirement. Most believe that affixing your seal underneath your signature is sufficient to satisfy both requirement. Of my own personal review of randomly-selected documents, 54% of notaries reviewed attempted to satisfy both requirements by affixing their official seal underneath their signature. Only 39% printed, typed, or stamped (using a separate stamp) the name under the signature.

According to the 1993 edition of the Florida Notary Law Primer (3rd ed.), published by the National Notary Association, effective July 1, 1991, notaries were required to print, type, or stamp their commissioned name underneath their signature on all documents to be recorded. That requirement was extended to all notarized documents effective January 1, 1992. The book states that state officials ensured it was necessary that this be done in addition to affixing the stamp seal in the event the stamp was illegible or not affixed properly.

Of course, one must take into account that the equipment used to record documents was not nearly as high quality as the equipment used by county clerk's today. Rarely does a properly inked seal show up illegible on recorded documents when they are scanned (all clerks now digitally scan documents into the official records rather than microfilm them). I personally have submit a proposed bill to my local representative to abolish this requirement and make other necessary changes to Florida notary law.

As stated above, most notaries do not comply with this requirement. Whether or not you choose to do so is your decision. It must be kept in mind that the purpose of this requirement is to ensure that the notary's name is clearly legible in the event the stamp does not show up on a copied document. By ensuring that your stamp is always well-inked and by using a stamp large enough to be easily read on recorded documents, you most likely do not have to worry about printing, typing or stamping your name under the signature, provided that you do affix your seal underneath your signature in place of the printed name.

Can a notarial certificate contain elements of both a jurat and an acknowledgment, such as "Sworn to, subscribed and acknowledged before me..."?

Never, ever, ever! If you see a certificate like this, you should ask the signer or the document preparer which they want - an oath or an acknowledgment - because the law does not authorize notaries to combine both acts in one certificate. If the signer or document preparer doesn't know, or wants you to do both an oath and an acknowledgment, you should strike out the entire certificate and attach two separate certificates - first, a jurat, and second, an acknowledgment.

You should note that an "acknowledgment under oath" is not the equivalent of a jurat. See my article "What does the phrase "and who did/did not take an oath" mean, and what do I do with it?"