Common Mistakes to Avoid

1. No Notarial Certificate (Jurat)

Remember: Colorado Notary Law requires that a jurat statement appear on the document whenever a notarization is performed. When a person goes before a notary public to sign a document, the notary must perform one of two notarial acts:

  1. Administer an oath or affirmation to the person signing the document

  2. Take an acknowledgement from that person regarding the execution of the document in the notary’s presence.

The jurat statement regarding the notarial act he/she performed during that notarization must include:

  1. The type of notarial act performed by the notary

  2. The county and state in which this notarization took place

  3. The date of the notarization

  4. The notary must also include his/her official notary signature, seal, and commission expiration date.

2. Jurat Incomplete or Incorrect

It is important to carefully read over the jurat to ensure that all required information is complete and correct.

  1. Notaries commonly make the mistake of inserting their own name in the jurat instead of the name of the person who has come before them to sign a document.

    Example: “Subscribed and affirmed before me this ___day of ___20__ by (client’s name – not the notary’s name!)….”


  2. According to Colorado law, documents must be notarized in English in order to receive an apostille or certificate of magistracy.

    If the country to which the document is going requires a foreign language notarization, the notary is free to do so. However, the notary must also notarize that same document in English.

  3. The notary has the client sign the notary journal in his/her presence but does not have the client sign the affirmation statement (document)in his/her presence. Yet, notary’s jurat states that the affirmation was signed and affirmed before him/her. – This makes the jurat an inaccurate statement! The signature of the client must appear on the document, above the jurat.

Be Careful: The notarization is often included within the client’s document, and there are blanks for the notary to fill in his/her name. Be sure to read these types of documents carefully, as some statements that you may be putting your name to may be outside of your authority as a notary. In fact, you would become a party to the document.

3. Use Of Official Notary Name Within a Notarial Certificate

Always use your official notary name in any statement which requires the notary public’s name, and always when signing the notarial certificate. The notary’s official name can be found on the notary’s commission certificate.

Example: Official notary public name is Jane A Doe – and the notary writes, “I, Jane Doe, notary public in and for said county and state…” – Wrong! The notary’s official name must be used.

Points to remember:

  1. Be sure to sign the jurat with your official notary signature. The notary’s official signature must be the same as shown on file with the Colorado Secretary of State. The notary’s signed application contains the notary’s official signature.

    Note: It may be wise to apply using a notary name that matches your usual signature.

  2. Use the correct commission expiration date when notarizing – If in doubt check your notary commission certificate to verify your correct expiration date. If purchasing an expiration date stamp, be sure to proofread the stamp when purchased.

  3. Your Notary Seal may not be in compliance with the Colorado Notary Law. It is important to read the statute regarding the way the seal should look and what information should be on the seal. Often, the notary will have his/her commission expiration date inside the border of the seal or the notary’s name will not be exactly as it appears on the notary’s commission certificate. Sometimes the words, notary public, will not appear on the seal. Be sure to proofread the seal when purchased.

4. Stay Informed

Most importantly, take time to read the Colorado Revised Statutes (C.R.S. 12-55-101 et seq.) regarding Notaries Public. The information contained within the statutes will govern everything you do in the state of Colorado as a notary public. Refer to it often, especially when notarizing. Additionally, the Secretary of State has created a Notary Handbook, which is available on our website along with other useful information. If you have any questions or concerns, or if you don’t quite understand parts of it; please contact the office of the Secretary of State.