Glossary of Notarial Terms

Acknowledgment After the signer appears before the Notary and ID has been verified, this signifies that the signature, which can be made prior, is made willingly for the purposes stated.

Affidavits Signed statement made under Oath/Affirmation by the Affiant and is used for a wide variety of purposes and usually requires a Jurat certification.

Affirmation is a solemn, spoken pledge on one’s own personal honor that promises truthfulness.

Allonge A slip of paper, attached to the underlying public document, on which an Apostille is affixed.

Apostille is a French word meaning ‘a marginal note’ and pronounced ‘uh-pos-til’. An apostille ensures that public documents issued in one signatory country of the Hague Convention of 1961 will be recognized as valid in another signatory country, and can be considered a ‘passport’ for a document. It ‘authenticates the origin of a public document so that it can be presented abroad in another Contracting Party. This simplified framework facilitates the circulation of public documents internationally for individuals, families, and commercial operators.’ The apostille only certifies that the signature, signer's capacity, and stamp on the document are from the stated issuer. It does not provide information about its content. It is stamped on the document itself or attached to the document as an allonge. There is no special Notarial certification required to be an Apostille Agent, they work as independent agents for individual clients to facilitate and process international document authentication to help assure acceptance.

Apostille Recognized Documents are original, English, correctly notarized document or certified true copies. School transcripts issued by and with the signature of the Registrar and notarized at the time of issuance. An original Birth/Death/Marriage certificate issued and signed by the Florida Bureau of Vital Statistics. Vehicle Titles certified by the Florida Department of Motor Vehicles. Original, certified copies filed with the Division of Corporations or original Certificate of Status bearing the signature of the Secretary of State. Marriage/Divorce documents certified by the Clerk of the Court bearing the stamp and seal. Federal documents must be processed by the U.S. Department of State.

Application for Delivery of Mail Through Agent PS Form 1583 is to establish a virtual Private Mailbox (PMB) and authorize your Commercial Mail Receiving Agency (CMRA) to receive and open your mail. A notarized acknowledgment is required which can be accomplished virtually.

Artificial Intelligence-Online Notary Using AI to generate moving images from photographs posing as a person in an attempt to commit fraud. At present, these are crude and easily discovered, but will only get more sophisticated.

Accessibility-RON eliminates the need to travel, 100% private and scheduled at your convenience.

Auto Industry-RON Common forms include Generic or DMV provided power of attorney-Affidavit of identity-Sworn affidavit-Proof of ownership

Awareness Demonstrates to the Notary that the Signer is mentally capable of understanding the nature and effect of the document they are signing. A Notary makes a layperson judgement and must refuse service if doubtful.

Beneficiary Designation Ensures the proper transfer of financial and/or retirement accounts and life insurance policies.

Certificate is wording that specifies exactly what the Notary is certifying. It may be on the document or attached to it and contains the Venue, specifics of what the notarization attests to, the testimonium clause of truthfulness, the date, the Signature of the Notary and the official Notary Seal.

Consent for Tattooing From the Florida Department of Health for parents to grant minors aged 16-17 permission to get a tattoo.

Copy Certification is a true and accurate reproduction of an original document, as verified by a notary public. Florida Notaries can certify copies of original documents, but they cannot certify copies of public records. They must make a copy of the original document themselves, or directly supervise the copying process. This is often required when applying for a visa, enrolling in a university, transferring property and many other transactions.

Deepfakes are a serious concern for Remote Online Notarization. The tech is getting better and faster at creating lifelike avatars and mimicking voices. Injecting the video feed into a RON session with a virtual camera is difficult, but has been done. In your defense, Notaries use ‘liveness detection’ where the Signer is asked to blink, touch their nose, or move their head up and down that usually reveals the fake. Following the rules/script and trusting in our common sense is still the best deterrent against this new threat. The Notary must terminate the session immediately when this determination is made, and complete a special Fraud report in addition the Notary journal entry.

Digital Deposition A deposition is a formal, out-of-court testimony given by a witness under oath as part of the pre-trial discovery process in civil litigation. Digital Deposition Reporters witness identification, administer oaths to witnesses, manage exhibits presented during the deposition and create a verbatim record (AV recording and Transcripts) of spoken words. This uses the skills as a notary to administer oaths to witnesses and as a deposition professional to capture the testimony.

Digital Estate Plan This specifies what is to happen with digital assets like your email, social media and online banking accounts.

Documents-RON Excluded Documents Intended for Use Outside the United States-Certified Copies of Certain Official Documents-Marriage Certificates-Documents That Appear Tampered-Documents in Which the Notary Is Named or Has a Beneficial Interest-Any document for which photocopying is prohibited-Birth Certificate - Certificate of Citizenship or Naturalization - Death Certificate-Documents filed in a court proceeding - Documents recorded by the Clerk of the Court-Federal or state income tax forms, already filed-Marriage Certificate-Professional licenses issued by the State of Florida-Public records maintained in government offices-Student records (transcripts, etc.) kept in public education offices

Documents-RON Digital Format PDF, DOCX, PPTX and XLSX text formats.
PNG, SVG, JPG, and TIFF image formats. Max file size is 30 MB.

DS-3053 is the STATEMENT OF CONSENT: U.S. PASSPORT ISSUANCE TO A CHILD and requires a notarized Oath/Affirmation from the parent/guardian.

Financial Records A detailed list of your bank accounts, property deeds, insurance policies and investment accounts.

Guardianship Designation Specifies who will care for minors, dependents or pets if you are unable or deceased.

Hague/Non-Hague determines the process for obtaining an Apostille. Here is the list of Signatories (Countries) that participate in the ‘Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents’ Non-participating countries require more complicated procedures for international documents.

Health Insurance Portability and Accountability Act (HIPAA) These are standards for managing, storing, and transmitting health information. It also limits who can access and use that information without the patient's consent. A HIPAA Authorization grants access to your medical records to your designate.

Identifying Document Signers is made 1) if the Notary has personal knowledge of the Signers identity or 2) reliable documents or cards are presented or 3) the oath/affirmation of 1 personally known credible identifying witness OR the oath/affirmation of 2 credible identifying witness using identification documents. The most common is option 2. See below.

Identification per Florida Statues 117.05

2. Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number:

a. A Florida identification card or driver’s license issued by the public agency authorized to issue driver’s licenses;

b. A passport issued by the Department of State of the United States;

c. A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services;

d. A driver’s license or an identification card issued by a public agency authorized to issue driver’s licenses in a state other than Florida, a territory of the United States, or Canada or Mexico;

e. An identification card issued by any branch of the armed forces of the United States;

f. An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department;

g. An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department;

h. A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized; or

i. An identification card issued by the United States Bureau of Citizenship and Immigration Services.

Identification-Secondary: In some cases, secondary ID is also required. Birth Certificate, Current Utility Bill, Medicare Card, Student ID, Voters Registration, Tax Bill Receipt, Vehicle Registration or a Credit Card.

Incomplete Document per Florida Statues 117.07 contains blanks and cannot be notarized. The signer should determine how to complete any blanks.

Journal Best practices record keeping for all Notarial acts and required by law for Online notarizations. For in person notarizations and signing agent acts, the Notary may ask the signer to volunteer their thumbprint or initials.

Jurat ’It has been sworn.’ Also known as an ‘Oath’ or ‘Affirmation’, its purpose is to swear or affirm the truthfulness of a document to a Notary. The signer must sign before the Notary witness and respond aloud to the affirmative with “I swear”, “I affirm” or likewise.

Last Will and Testament Names an Executor for your Estate, appoints Guardians for minors and directs the distribution of your assets. Can also include your Funeral/Burial wishes if not a separate document. Additional Witness requirements.

Living Will/Advanced Healthcare Directive Outlines your desired medical treatment preferences for live sustaining treatment in case of incapacitation and appoints someone to direct your care.

Medical Marijuana User card issued by the State of Florida lacks essential features and is NOT an acceptable form of Identification. See above.

Notary Signing Agent is a specially trained Notary who facilitates the finalization of real estate loan documents and ensures a smooth and legal closing process for all parties. Promissory Notes, Deed of Trust, Closing Disclosure, Mortgage Note and Affidavits are common documents used in this process. NSA’s are also used for Refinancing and HELOC transactions. Conforms to TILA, RESPA and GLBA federal requirements, as well as State regulations. We are NOT loan officers and cannot explain loan documents or answer questions from a signer regarding the terms of a loan. We have passed a rigorous background check, and are trained, certified specialist in loan documents and closing procedures. Additional Bond and E&O Insurance requirements.

Oath is a solemn, spoken pledge to a Supreme Deity that promises truthfulness.

Overseas Military can use RON for home closings and other Notary needs.

Power of Attorney (POA) A General POA grants broad authority, a Durable POA remains effective after incapacitation and a Healthcare POA allows your Agent to make medical decisions for you. The expiration terms are also specified. Additional Witness requirements.

Power of Attorney (POA) Hague Country The POA must be crafted to conform to the laws of that country and in the official language or formally translated. This is then notarized and submitted along with the Apostille.

Probate A Formal Probate is a court-intensive process that is necessary when a dispute arises or your estate is complex. An Informal Probate is a simplifies process for straightforward estates and a Small Estate Probate is an expedited process for lower value estates. This can be avoided by having your Trust and Will documents properly notarized.

Quitclaim Deeds Transfers ownership of the property if the person signing the quitclaim deed has good title to the property. If there are any title issues when the grantor owns the property, the grantee will have those same issues. Notarization requires 2 witnesses, Notary can act as 1.

Remote Online Notarization is when the Notarial act is performed by means of electronic audio-visual communication technology. The commissioned Notary must successfully complete a training course, contract with a technology service provider and hold a Bond and Errors and Omissions Insurance in order to obtain approval from the Florida Department of State. A digital certificate is installed on the RON’s computer, and they are issued a digital Notary stamp.

Although the Notary must be in Florida, the Signer can be located anywhere, including overseas. Under the Full Faith and Credit Clause, documents notarized remotely by notaries from states where RON is legal (Florida) may be accepted in a non-RON state (Georgia, New York) provided they comply with the laws of the commissioning state. Can’t hurt to verify that the remotely notarized document will be accepted by the relevant non-RON state authority.

Revocable Living Trust Allows your assets to be managed and distributed without going through the lengthy Probate process when properly notarized.

RON ‘Remote Online Notary’ (or ODN-On Demand Notary) is a specialty certification for Notaries Public by the Florida Secretary of State and National Notary Association. Additional Bond and E&O Insurance requirements.

Safe Deposit Box Opening is another Notarial service we offer. We must be present when the box is opened and not be an employee, officer, director, or stockholder of the financial institution. We inventory the contents of the box, create a certificate that includes the box holder's name, the opening date, and a list of the contents. We then put the original certificate and the contents of the box in a sealed package, label it with the box holder's name and the opening date and leave the sealed package and a copy of the certificate with the financial institution.

Self-Proving Affidavit Florida does not require notarization to validate a will. The signature of the witnesses is sufficient. However, having an SPA as part of a will and signed by a notary will eliminate the need for the witnesses to personally appear in court to validate the will.

‘ss.’ is not required, but sometimes found on notarial certificates after the State and County. Latin ‘scilicet’ means ‘in particular’ in regards to the location where the notarial act takes place.

Statutes The 2024 Florida Statutes Title X Chapter 117 Notaries Public is here.

TILA Truth in Lending Act is a federal law that requires lenders to disclose key terms and costs of credit to borrowers in a clear and understandable manner.

Trust is a strategic blueprint for the distribution of assets when an individual passes away or is no longer capable of managing their affairs. This enables an individual's assets to smoothly transition to their loved ones or selected beneficiaries upon death, bypassing the often complex and time-consuming probate process. The "trustor", places their assets (which can include real estate, stocks, 401K, etc.) into a trust, which they actively control and manage during their lifetime.

USA PATRIOT Act CIP Form AKA “Verification of Customer Identity,” “PATRIOT Act Information Form,” or similar is a regular part of loan packages. This is NOT required to be notarized. Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete this form to certify the NSA properly identified the borrower at the signing appointment.

Unauthorized Practice of Law Non Attorney Notaries cannot give legal advice, nor assist the Signer in drafting, preparing, selecting, completing or understanding a document or transaction.

VIN Verification to apply for a title on a used vehicle where the owner swears before a Notary that the VIN and Odometer reading are correct. Requires a form per the Florida Department of Highway Safety and Motor Vehicles.

Warranty Deeds guarantees clear and marketable title to the property being sold. The grantor/seller is personally liable for title defects and liens that are discovered post-transfer by warranty deed.

Wills See Last Will and Testament above.

Witness For ‘Recorded’ documents (Mortgage, Refinance, Quit Claim Deed, Grant Deed, Warranty Deed, Deed of Trust) and many other common legal documents, a Witness is required. They must: be a legal adult (18 or older) and a neutral third party who is not involved in the document or transaction and able to confirm the signer's identity and have the mental capacity to make decisions without assistance and physically watch the person sign the document and sign the document to verify the authenticity of the signature. The Witness must comply with the same procedures to verify their identity as the Signer.

Witness - Credible Identifying vouches for a signer’s identity who personally knows the signer. The witness must present an ID to the Notary.

Witness - Document observes a person sign a legal document. Notary can also serve this function in Florida when it is not required to be notarized.

Witness - Subscribing is used when the person who signed the document cannot be present, such as in a medical or family emergency A witness signs the document in the presence of the person who should have signed it, appears before a notary public and the notary performs the notarization based on the witness's oath.

Witness - By Mark is when a signer who cannot write their name signs a document using a mark such as “X” instead, and has the mark notarized. One or more witnesses are required to be present when the signer makes the mark.