Key Takeaways
- Representatives sign on behalf of another person or entity
- Certificate must indicate representative capacity
- Common capacities: attorney-in-fact, corporate officer, trustee, partner
- Notary verifies the representative's identity, not the principal's
- The acknowledgment form accommodates various representative capacities
Acknowledgment for Representatives
A woman appears at your desk to sign a grant deed. The signature line reads "Mary Johnson, as Attorney-in-Fact for Robert Johnson." She presents her own driver's license showing "Mary Johnson." The deed will transfer Robert's property—but Robert isn't here. Do you compare Mary's ID to Robert's name? No. You identify Mary, because she is the one appearing before you and signing.
This scenario illustrates one of the most frequently tested—and confused—areas of notary practice: representative capacity signings.
What Is Representative Capacity?
A person signs in representative capacity when they sign on behalf of someone else—an individual, corporation, trust, partnership, or other entity.
| Capacity Type | Signing On Behalf Of | Authority Document |
|---|---|---|
| Attorney-in-Fact | An individual (the "principal") | Power of Attorney |
| Corporate Officer | A corporation | Corporate resolution/bylaws |
| Trustee | A trust | Trust agreement |
| Partner | A partnership | Partnership agreement |
| Executor/Administrator | A deceased person's estate | Letters testamentary |
| Guardian/Conservator | A minor or incapacitated person | Court order |
The Five Common Representative Capacities
1. Attorney-in-Fact
| Aspect | Details |
|---|---|
| What it means | Agent authorized by Power of Attorney |
| Signs for | The "principal" who granted the power |
| Example signature | "Mary Johnson, as Attorney-in-Fact for Robert Johnson" |
| Real-world use | Elderly parent grants child authority to manage affairs |
Critical Point: The "attorney-in-fact" is NOT necessarily a lawyer. It's anyone authorized to act as an agent under a power of attorney.
2. Corporate Officer
| Aspect | Details |
|---|---|
| What it means | Officer of a corporation |
| Common titles | President, CEO, Vice President, Secretary, Treasurer, CFO |
| Example signature | "Jane Doe, President of ABC Corporation" |
| Real-world use | Business owner signs corporate documents |
3. Trustee
| Aspect | Details |
|---|---|
| What it means | Person managing a trust |
| Signs for | The trust (not themselves personally) |
| Example signature | "Robert Brown, Trustee of the Brown Family Trust" |
| Real-world use | Family member manages trust property |
4. Partner (General or Limited)
| Aspect | Details |
|---|---|
| What it means | Partner in a business partnership |
| Signs for | The partnership entity |
| Example signature | "Sarah Wilson, General Partner of XYZ Partners" |
| Real-world use | Business partner signs on behalf of the partnership |
5. Executor or Administrator
| Aspect | Details |
|---|---|
| What it means | Person handling a deceased person's estate |
| Signs for | The estate of the deceased |
| Example signature | "Tom Adams, Executor of the Estate of William Adams, Deceased" |
| Real-world use | Selling property from a deceased parent's estate |
The Critical Rule: WHO Do You Identify?
This is the most tested point regarding representative capacity:
| Identify | Do NOT Identify |
|---|---|
| The person appearing before you | The person they represent (the principal) |
| The representative who is signing | The corporation, trust, or principal |
| The attorney-in-fact | The person who granted the power |
Exam Answer: Always identify the representative—the person physically appearing before you.
Real-World Example:
- Mary Johnson appears as attorney-in-fact for Robert Johnson
- You verify Mary's identity (not Robert's)
- Mary signs the document
- Mary acknowledges she signed on behalf of Robert
What the Notary Does NOT Verify
| NOT Your Responsibility | Why |
|---|---|
| Whether the POA is valid | Legal determination |
| Whether the representative has authority | Legal determination |
| Whether the principal is alive | You have no way to know |
| Whether the representative is acting properly | Not your role |
Key Point: You are not a legal gatekeeper. Your job is to identify the signer and take the acknowledgment.
The Acknowledgment Form's Representative Capacity Language
The California all-purpose acknowledgment includes language specifically for representative capacity:
| Phrase | Purpose |
|---|---|
| "in his/her/their authorized capacity(ies)" | Indicates signing in a capacity |
| "the entity upon behalf of which the person(s) acted" | Covers corporate, trust, partnership signings |
| "executed the instrument" | Confirms the signing on behalf of the principal/entity |
On the Exam
Expect 2-3 questions on representative capacity. Key points tested:
- Identify the REPRESENTATIVE: The person physically appearing, not the principal
- Authority verification NOT required: You don't determine if they have authority
- Common capacities: Attorney-in-fact, corporate officer, trustee, partner, executor
- Certificate language: "in his/her/their authorized capacity(ies)"
When someone signs as attorney-in-fact, whose identity must the notary verify?
Is it the notary's responsibility to verify that a representative has authority to sign?