Can a notary choose the certificate?

Short answer

No. Choosing the notarial act for a signer is generally considered the unauthorized practice of law. The signer — or the document preparer, or the receiving agency — must choose.

Full explanation

What a notary may do is explain the difference between the acts in neutral, educational terms, then let the signer decide. If the signer does not know, the correct referral is to the document preparer, the agency that will receive the document, or an attorney. Once the signer selects the act, the notary completes the matching certificate.

Example

"I can explain how an acknowledgment differs from a jurat, but I can't choose for you. Do you know which one the receiving office requires?"

Common mistake to avoid

Choosing the certificate for a signer can be treated as unauthorized practice of law and can put your commission at risk.

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