3.5 Notarial Certificate Requirements
Key Takeaways
- Every notarial act requires a certificate completed at the time of the act (contemporaneously) — never before and never after the individual leaves
- Required elements include venue (state and county), the date, the act performed, the notary's signature, title, and commission expiration date (Title 4, §1916)
- Venue states WHERE the act was performed, not where the document was created or where any property is located
- For paper (tangible) records the official stamp is optional; for electronic and remote notarizations the stamp is REQUIRED and must be logically associated with the certificate
- The stamp must contain the notary's name, the words "Notary Public," the word "Maine," and the commission expiration date
Purpose of the Certificate
The notarial certificate is the written evidence that a notarial act took place and the kind of act it was. Without a properly completed certificate, the notarization is incomplete and a county registry or court may reject the document. RULONA sets the required contents in Title 4, §1916 and supplies approved short forms in §1917.
Required Certificate Elements
| Element | Requirement |
|---|---|
| Venue | State and county where the act was performed |
| Date | The date the act actually occurred |
| Type of act | Wording showing acknowledgment, jurat, witnessing, or copy certification |
| Notary signature | Signed by hand, matching the name on the commission |
| Title | "Notary Public, State of Maine" |
| Commission expiration | The date the commission expires |
| Stamp | Optional on paper; required for electronic/remote acts |
A certificate also identifies the individual(s) for whom the act was performed and, when relevant, indicates whether an oath was administered.
The Venue Statement
State of Maine County of ___________
The venue records the physical location of the notary and signer at the moment of the act — not where the deed was drafted, not the signer's home county, and not where the property sits. A notary commissioned in Maine who happens to perform an act while standing in Cumberland County records "County of Cumberland," regardless of where the land described in a deed is located.
Execution Rules
| Rule | Requirement |
|---|---|
| Timing | Complete contemporaneously — at the time of the act |
| Before departure | Finish the certificate before the signer leaves |
| Signature | Sign by hand; must match the SOS-registered name |
| Alterations | Never alter a certificate after completion |
Completing a certificate in advance (pre-dating) or after the fact (back-dating) is a serious violation that can lead to commission revocation and civil liability.
Maine Short-Form Certificates (Title 4, §1917)
Acknowledgment (Individual)
State of Maine; County of ___________ This record was acknowledged before me on _________ [date] by _________ [name(s)]. _________________________ [Signature of notarial officer] · [Stamp, if any] Title: Notary Public, State of Maine · My commission expires: _________
Verification on Oath or Affirmation (Jurat)
State of Maine; County of ___________ Signed and sworn to (or affirmed) before me on _________ [date] by _________ [name(s)]. _________________________ [Signature of notarial officer] · [Stamp, if any] Title: Notary Public, State of Maine · My commission expires: _________
Signature Witnessing
State of Maine; County of ___________ Signed before me on _________ [date] by _________ [name(s)]. _________________________ [Signature of notarial officer] · [Stamp, if any] Title: Notary Public, State of Maine · My commission expires: _________
Signature Requirements
The notary must sign the certificate by hand, in the same form and name registered with the Secretary of State. A pre-printed, typed, or rubber-stamped signature does not satisfy the requirement for tangible records.
The Official Stamp / Seal
| Question | Answer |
|---|---|
| Required on paper documents? | No — optional, but commonly used |
| Required for electronic/remote acts? | Yes — must be attached or logically associated |
| Must contain | Notary's name, "Notary Public," "Maine," and the commission expiration date |
Even where the stamp is optional, all of that information must still appear in the certificate text — the stamp is simply a convenient way to supply it. For an electronic record, the stamp (and the notary's electronic signature) must be tamper-evident and logically associated with the record.
Common Traps
- Wrong venue. Recording the county where property lies instead of where the act occurred.
- Stamp confusion. Believing a stamp is always mandatory — it is not for paper, but it is for electronic and remote notarizations.
- Leaving blanks. A certificate with a missing date or name is incomplete and may invalidate the act.
Attaching a Loose Certificate
Sometimes a document arrives with no certificate wording at all, or with wording for the wrong act or another state. RULONA's short forms exist precisely for this: the notary may complete and attach a separate certificate. When a loose certificate is attached, best practice is to note enough identifying detail — the document title, date, and number of pages, plus the venue and act — so the certificate cannot be detached and reused on a different document. The notary still may not choose which act is required; the signer or the document directs that, and the notary fills in the appropriate approved form.
Electronic and Remote Certificates
For a notarization of an electronic record, the certificate, the notary's electronic signature, and the official stamp must all be attached to or logically associated with the record and must be tamper-evident — any later change to the document should be detectable. Because the stamp is mandatory in this setting, the notary's registered electronic stamp must carry the same four data points required of a physical seal: the notary's name, "Notary Public," "Maine," and the commission expiration date.
For remote online notarization, the certificate additionally indicates that the act was performed using communication technology for a remotely located individual, signaling that appearance occurred by audio-video rather than in person.
Element-by-Element Self-Check
Before releasing any notarized document, confirm the certificate answers each of these:
- Where? Venue shows State of Maine and the correct county of performance.
- When? The actual date of the act, not a future or past date.
- What? Wording matches the act performed (acknowledged / sworn / signed / certified copy).
- Who? The individual's name appears and matches the identification relied on.
- By whom? The notary's handwritten (or electronic) signature, title, and expiration date are present, with a stamp if required.
Consequences of a Defective Certificate
An incomplete or incorrect certificate is more than a clerical slip. A registry may reject the document for recording, delaying a real estate closing; a court may give a sworn statement reduced weight; and the notary may face disciplinary action for sloppy or improper certification. Because the certificate is the only durable proof the act occurred, treating it as the most important step — not an afterthought once the signer has left — is the mark of a competent Maine notary.
Common Traps Recap
- Wrong venue county, copied from the property's location rather than the place of the act.
- Believing a paper stamp is mandatory — it is optional on tangible records, required electronically.
- Completing the certificate before the act or after the signer departs — both are prohibited.
What does the "venue" on a Maine notarial certificate indicate?
When is an official stamp required for a Maine notarization?
When must a notarial certificate be completed?