By Kelle Clarke on May 13, 2015
Updated 6-9-22. Notary certificates that include language for more than one act — also known as a “hybrid Notary certificate” — can cause confusion when notarizing. Here's what you need to know if you are presented with a hybrid certificate.
What Is A Hybrid Notary Certificate?
A hybrid certificate combines two Notary acts — typically an acknowledgment plus a jurat or oath — into one combined certificate. Here are a few examples:
Example 1. Acknowledgment And Oath
An officer of a corporation must acknowledge his signature on a contract and swear or affirm that they are an officer of the corporation. The wording on the Notary certificate might include the phrases:
“… before me appeared (name of signer), who being by me duly sworn (or affirmed) did say that he is the president of XYZ Corporation, …and that said (name of signer) acknowledged said instrument to be the free act and deed of said corporation.”
Example 2: Signature Witnessing Plus Acknowledgment
Another type of hybrid certificate combines a signature witnessing (a notarization in many states requiring the document to be signed in front of the Notary) and an acknowledgment. The wording in such a case would read:
“Signed and acknowledged before me on (date) by (name of signer).”
Example 3: Certificate Of Trust
Finally, a third example of a hybrid certificate is notarizing a Certificate of Trust, containing both acknowledgment wording and evidence of the signer taking an oath. (See illustration.)
How To Complete Hybrid Certificates
If you are confronted with a hybrid notarial certificate, follow these guidelines:
1. Recognize the certificate as a hybrid and determine your course of action
In order to spot a hybrid, you’ll need to know the typical acknowledgment and jurat forms in your state so that you can quickly identify the differences when they appear.
2. Perform all actions stated in the hybrid certificate
Many Notaries may blindly “stamp and sign” whatever wording appears on the document without reading the certificate. The risk is that the Notary is certifying facts that might not have taken place (like administering an oath).
So, if the hybrid requires you to take the signer’s acknowledgment and administer an oath, do both. If the wording says, “Signed and acknowledged before me,” you must actually witness the signature and have the signer acknowledge signing the document. The signer couldn’t sign the document before coming to acknowledge his or her signature to you.
3. Record the hybrid in your journal
Many states, including California, Florida and Texas, either require Notaries to keep a journal or recommend the practice. Make sure to note that you completed a hybrid certificate. If you are unsure what type of notarization you performed, briefly describe it.
4. Charge the correct fee for the notarization
Just because the notarial certificate combines two notarial acts doesn’t mean you can double charge your customer. Default to charging for one notarization unless your state laws clearly and explicitly allow you to charge for both.
State Laws And Hybrid Certificates
It’s your job to make sure that any certificate wording you use complies with the requirements of your state. So it’s a good idea to familiarize yourself with those requirements before completing a hybrid certificate because some states do not allow them.
California, for example, prohibits the use of hybrid certificates in many cases. If the documents will be filed in California, the Notary must complete a jurat or acknowledgment certificate prescribed by the state, but not a form that combines both. If, however, the document is going to another state and requires an acknowledgment, a Notary may be able to complete a hybrid acknowledgment certificate in which the signer acknowledges their signature and is stated to have taken an oath.
New York requires an all-purpose acknowledgment certificate to be used for documents affecting real property in the state. Notaries in New York would not be allowed to use a hybrid certificate for these documents.
If you need help with a hybrid notarial certificate or have other questions, NNA members can contact the Notary Hotline for assistance.
Kelle Clarke is a regular contributing writer to the NNA.