First New Year's Resolution of 2020: Update Your Notary Blocks
Let's share a communal confession—we pay little attention to our notary blocks. We often do not customize, and sometimes use outdated, arcane language.
January 08, 2020 at 09:10 AM
2 minute read
Let's share a communal confession—we pay little attention to our notary blocks. We often do not customize, and sometimes use outdated, arcane language. We now have an obligation to revisit this often neglected part of our documents. Beginning Jan. 1, 2020, amendments to Chapter 117, Florida Statues require all notarized documents dated as of Jan. 1 to utilize revised notary language.
The change in the notary block is part of a much welcomed new law known as remote online notarization, or "RON." With RON, Florida joins nearly 20 other states in permitting remote notarization via a RON service provider. The new law paves the way to facilitating closings and other document execution and notarization with clients worldwide.
With the option of remote notarization, the notary blocks have been statutorily revised to confirm whether the signer physically appeared before the notary or via a method of audio–video communication. Documents executed and dated prior to Jan. 1, 2020, are effective with the former form of acknowledgment. All new notarized documents must employ the new format to avoid the risk of having defective acknowledgment.
A complete list of the forms of acknowledgement may be found in F.S. 117.05(13) and (14). By way of example, the form of acknowledgment for an individual should appear in substantially the following format:
The foregoing instrument was acknowledged before me by means of _ physical presence or _online notarization, this day January, 2020 by , who is personally known to me or who has produced as identification.
The new format applies to all documents, including affidavits, to be recorded or otherwise, if dated on or after Jan. 1.
Daniel A. Kaskel is a partner with Sachs Sax Caplan in Boca Raton, where he chairs the firm's transactional law group. He is board certified by the Florida Bar in real estate law and condominium/development law. Contact him at [email protected].
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