Notary Bulletin Hotline Tip: Determining Representative Capacity By NNA Staff on April 14, 2010 in Hotline Tips It is sometimes necessary for one individual to sign as a representative for another, usually as attorney in fact or guardian, or as a representative of a legal entity, such as a corporation, partnership or trust. Documents signed in a representative capacity generally require special acknowledgment certificates that specify who or what is being represented. Depending on state law or the wording of the particular acknowledgment certificate, the Notary may or may not be required to verify the signer’s representative status. Some states do not give Notaries the authority to investigate and certify a person’s representative capacity, including the state of California. Determining a signer’s authority to sign in a particular representative capacity may be done in several ways: through personal knowledge, by documentary proof or by vouching under the oath or affirmation of the signer or a credible witness. As mentioned, some states do not permit a Notary to determine a signer’s representative capacity in this way. Nonetheless, if you live in one of these states, you may encounter certificates from out of state that require such proof. Completing these certificates may legally obligate you to verify that a signer is empowered to act as described in the certificate. Always use notarial certificates authorized by your own state. Email Share 12 Comments Add your commentMr. J29 Sep 2014Which states permit a Notary to determine a signer's representative capacity, and which states do not permit it? And what sort of "documentary proof" would be useable in verifying an individual's representative capacity? State business license / secretary of state registration? Corporate resolutions?National Notary Association29 Sep 2014Hello, Thank you for your question about representative capacity. To help us answer your question, can you please let us know what state you are contacting us from?Mr. J29 Sep 2014Washington State. Though my company often deals with clients from other states. Thank you.National Notary Association02 Dec 2014Hello, RCW 42.44.010  states, "'Acknowledgment' means a statement by a person that the person has executed an instrument as the person's free and voluntary act for the uses and purposes stated therein and, if the instrument is executed in a representative capacity, a statement that the person signed the document with proper authority and executed it as the act of the person or entity represented and identified therein." The Washington Department of Licensing's website (http://www.dol.wa.gov/business/notary/npractices.html) states that you don’t need to see proof of the signer’s representative capacity when performing an acknowledgment.J D23 Oct 2014I have the same questions as Mr. J: "Which states permit a Notary to determine a signer's representative capacity, and which states do not permit it? And what sort of "documentary proof" would be useable in verifying an individual's representative capacity? State business license / secretary of state registration? Corporate resolutions?" New York StateNational Notary Association02 Dec 2014In New York State, if the so-called "all-purpose" acknowledgment certificate prescribed by Section 309-a of New York's Real Property Law is used, the Notary need not ascertain that the signer holds the representative capacity claimed, since the form does not state the exact capacity of the signer. However, nothing prohibits the Notary from asking for documentary proof the signer holds the capacity claimed. Mrs. K02 Dec 2014My concern is the same as Mr. J and JD, which states permit a Notary to determine a signer's representative capacity and which states to do? Thank you.National Notary Association02 Dec 2014Hello Mrs. K, Because every state and the District of Columbia has different laws, if you can please provide us with the state you are commissioned in and any specific other states you would like information on, we can better assist you with more detailed email@example.com Mar 2015Would the phrase "and who executed the same in their authorized capacity" be considered a determination of representative capacity? I am a California Notary wondering about notarizing a Jurat from Hawaii with that phrasingNational Notary Association12 Mar 2015Hello. Any jurat performed in California must use the jurat certificate wording specified under Government Code section 8202. You can find the CA jurat wording at the Secretary of State's website: http://notary.cdn.sos.ca.gov/forms/notary-jurat.pdf Judi Souza03 Oct 2015In the state of Hawaii is it suggested or required that the Notary verify the representative capacity? If so, what would be acceptable proof of a corporate officer?National Notary Association05 Oct 2015Hello. Hawaii requires attorneys in fact to present to the Notary the original power of attorney document giving them authority to sign. Copies of the power of attorney document are not acceptable in Hawaii. For more information, see here: http://www.nationalnotary.org/notary-bulletin/blog/2015/09/how-to-handle-notarization-attorney-in-factLeave a Comment Required * Name * Email *(for verfication purposes only) Comment * Enter the text shown in this image *(text is case sensitive)All comments are reviewed and if approved, will display.