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Last Update: November

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18, 2024

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1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (IC 9B.2.1).

   2. In a Representative Capacity: “In a representative capacity” means acting as any of the following:
      “a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
      “b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
      “c. An agent or attorney-in-fact for a principal.
      “d. An authorized representative of another in any other capacity” (IC 9B.2.4).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity claimed …” (IC 9B.5.1).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (IC 9B.5.1).

   3. Acknowledgment of Principal: “An acknowledgment does not need to be signed in your presence. The person who signed the document must appear before you and acknowledge they are the signer and that they signed it” (HNP).

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1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (IC 9B.2.16).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed …” (IC 9B.5.2).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (IC 9B.5.2).
      Since a document containing a verification on oath or affirmation must be signed in the Notary’s presence the “Handbook for Iowa Notaries Public” contains the following question and answer: “What if the document is already signed when brought to me for notarizing? – If the document has already been signed, and the notarial act is not an acknowledgment, the notary should ask the signer to sign the document again, either above or below the signature” (HNP). This instruction is applicable for signature witnessings (see below) as well.

   3. Oath of Principal: “A verification contains the words ‘signed and sworn (or affirmed) before me….’ When this language is used, you must verbally administer an oath to the signer prior to the execution of the document. An oath can be administered as follows: ‘Do you swear that the statements in this document are true?’ When a person is unable to ‘swear’ due to personal or religious beliefs, the following oath may be used: ‘Do you affirm that the statements contained in this document are true?’” (HNP).
      “To notarize the jurat without administering the oath can affect the validity of the document” (HNP).

   4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (IC 9B.16.3) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.

Signature Witnessings

Requirements

1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (IC 9B.5.3).

2. Signature of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (IC 9B.5.3).
   “Does witnessing/attesting a signature require the document be signed in the presence of the notary? YES. If the notary certificate states “subscribed and sworn/affirmed to me...,” then it must be signed in the notary’s presence” (HNP).

3. Witness Signature: The short form certificate of notarial act for a signature witnessing (IC 9B.16.4) states, “Signed or attested before me …” indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.

Copy Certifications

1. Definition: “A certified copy is a document that has been verified as an accurate reproduction of the original, privately held document” (HNP).

2. Requirements

   1. Full, True, and Accurate Copy: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (IC 9B.5.4).

   2. Authorized and Unauthorized Records: “Copy certification is an act where the notary determines that a photocopy is a full, true, and accurate reproduction of an original, privately held document. The typical types of documents for copy certification are business documents, diplomas, passports, and copies of letters. Notaries must avoid certifying copies of documents that are public records, such as birth certificates, death certificates, court records, and deeds” (HNP).

3. Paper Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record as provided in section 9B.14A” (IC 9B.4.2A).

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