123notary.com Glossary - Capacity definition and information (2023)

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123notary.com Glossary - Capacity definition and information (1)

Glossary of Notary Public, Mortgage, Signing Agent,and Loan Signing Terms.

Common Terms 1Common Terms 2


Phonetics: ca·pac·i·ty &nbsp \'kə-'pa-sə-tē\

Function: noun

A capacity is the official job title for an individual. Being an attorney in fact is one type of capacity, while a person could also sign in their capacity as themselves as an individual, without a relation to their official corporate or government title. Some states don't allow a notary to verify what a person's capacity is, while others do. Please make sure you are familiar with your state's rules about documenting and verifying an individual's capacity. Remember, that your main job as a notary is to make sure that the person who signed the document is who they claim to be.

Definition 1:
Refers to the signers official job identity when signing a document. A signer could sign in the capacity of themself as an individual, or as a president of a particular company. Being an attorney is another common capacity. Many notary acknowledgment forms have an area where you can specify the capacity of the signer, although that is optional.

Definition 2:
Many acknowledgment certificates have a check box where you can indicate the signer's capacity. If they are an attorney, there is a check box for that option. If they are a company president, there might be a check box for that too.

Thesaurus / Related Terms
Notary Bond
Blank Spaces in Documents


What does capacity mean on a declaration form? ›

Capacity means the ability to use and understand information to make a decision, and communicate any decision made.

What does at capacity mean? ›

Capacity describes your ability to do something or the amount something can hold. If your bird cage is at full capacity, you can't stuff one more feathered friend in there without causing birdie claustrophobia.

What does capacity of person signing mean? ›

Having the capacity to contract means the person entering into the contract has a legal competence. This means they are competent to perform the act they're agreeing to in the contract. A person must have a sound mind to get in this situation.

What is the definition of instrument in notary? ›

Instrument: this may be a written document, or an electronic document. As used in notarial law and practice, an instrument is a document that requires a signature and a notarial act to be fully executed.

What is capacity Example? ›

Have you observed that when you fill water in a pan or a bottle, there is only a certain amount of water you can fill in them? All the sodas and chocolate syrups have a maximum amount mentioned on their containers. This certain amount that the pan, bottle, or any other container can hold is called capacity.

What is capacity in authorization form? ›

Authorized Capacity means the number of individuals a facility is licensed/ registered to serve at any one time, plus any other C.A.C.F.P. enrolled individuals who are not required to be counted as part of the Licensed/Registered capacity. (

What are the 4 elements of capacity? ›

The four key components to address in a capacity evaluation include: 1) communicating a choice, 2) understanding, 3) appreciation, and 4) rationalization/reasoning.

What is the law of capacity? ›

In the context of criminal law, the term “capacity” means that the defendant must have the ability to understand the wrongfulness of their actions. In the context of contract law, the term “capacity” denotes a person's ability to satisfy the elements required for someone to enter binding contracts.

What does any capacity mean? ›

in any capacity means that a person can exercise a public function even without a formal or regular appointment (“de facto” public servant), the relationship existing between the Public Administration and the person who performs the service being irrelevant. Sample 1.

What is an example of signing capacity? ›

Refers to the signers official job identity when signing a document. A signer could sign in the capacity of themself as an individual, or as a president of a particular company. Being an attorney is another common capacity.

What does capacity mean on a POA? ›

The capacity required to execute a Power of Attorney in New York is defined in the General Obligations Law as the ability to comprehend the act of executing and granting a Power of Attorney.

What does applicant capacity mean? ›

Professional Capacity

A description of how the individual is professionally connected to you: Jonathan served as my vice president of acquisitions. How long you've known the individual_:_ Jonathan worked for me as an underwriter for five years, and then served in the acquisitions role for another five years.

What is the lawful definition of instrument? ›

An instrument is a written legal document that records the formal execution of legally enforceable acts or agreements, and secures their associated legal rights, obligations, and duties. Contracts, wills, promissory notes, deeds, and statutes passed by competent legislatures are examples of legal instruments.

Is notary a public instrument? ›

Notarization has a legal impact on the contract as it converts a private document to a public instrument. Agreements on the contract are enforceable once the document is notarized because it is a strong proof of the document's authenticity.

What does instrument mean in property law? ›

Instrument. As defined in the act, it is a non-testamentary document. A testamentary document is a will, so the definition of instrument suggests that any document which is not the same as the nature of will is called an instrument. The instrument is not proof of any transaction but instead is one transaction.

What are the 3 types of capacity? ›

There are three ways to categorize capacity, as noted next.
  • Productive Capacity. Productive capacity is the amount of work center capacity required to process all production work that is currently stated in the production schedule.
  • Protective Capacity. ...
  • Idle Capacity.
Nov 23, 2022

What are the 4 types of capacity? ›

Leaders Need Four Types of Capacity
  • Emotional Capacity. Leaders need to have the heart to feel what others are feeling and a willingness to be real and connect with others. ...
  • Intellectual Capacity. The brains to do the work of leading. ...
  • Physical Capacity. ...
  • Time Capacity.
Apr 15, 2022

What best describe capacity? ›

the maximum amount or number that can be received or contained; cubic contents; volume: The inn is filled to capacity. The gasoline tank has a capacity of 20 gallons.

What are the 5 principles of capacity? ›

Once you've decided that capacity is lacking, use principles 4 and 5 to support the decision-making process.
  • Principle 1: A presumption of capacity. ...
  • Principle 2: Individuals being supported to make their own decisions. ...
  • Principle 3: Unwise decisions. ...
  • Principle 4: Best interests. ...
  • Principle 5: Less restrictive option.

How do you prove you have capacity? ›

How is mental capacity assessed? The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to?

What is capacity and types of capacity? ›

Capacity is defined under 3 categories; design capacity, effective capacity and actual capacity. The operations utilisation of resources and the efficiency of its processes can then be calculated using these. This is a theoretical number and not one that is applied to the daily production of an operation.

What is the golden rule of capacity? ›

The golden rule

It outlines that when a solicitor has doubts as to the capacity of client wanting to make a will, medical opinion should be sought. The signing of the will ought to be witnessed or approved by a medical practitioner, who should be completely satisfied that the client has testamentary capacity.

What are the 3 primary classes of persons that are considered to lack capacity? ›

The law recognizes three categories of individuals who lack the capacity to contract: minors, individuals with psychological disabilities, and intoxicated persons. If anyone from these categories enters into a contract, the agreement might be considered "voidable" by them.

What questions are asked in a capacity assessment? ›

What triggered this assessment? What is the specific decision? What practicable steps have been taken to enable and support the person to participate in the decision-making process? Is the individual able to understand the relevant information?

Which principles states that you must assume a person has capacity? ›

Presumption of capacity

The first and most important principle is the presumption of capacity. This means it is assumed that everyone has capacity until proved otherwise. A lack of capacity should not automatically be assumed simply based on a person's age, appearance, condition or behaviour.

Who is protected under the Mental Capacity Act? ›

The Mental Capacity Act 2005 is a law that protects vulnerable people over the age of 16 around decision-making. It says that: Every adult, whatever their disability, has the right to make their own decisions wherever possible. People should always support a person to make their own decisions if they can.

What is mental capacity? ›

Mental capacity is about being able to make your own decisions. It is decision and time specific. We all make decisions every day, and most of us are able to make these ourselves. Sometimes, we may lack capacity to make a big decision.

What is full capacity? ›

meanings of full and capacity

(of a container or a space) holding or containing as much as possible or ... See more at full.

What is a sentence about capacity? ›

Our capacity for giving care, love and attention is limited. Her mental capacity and temperament are as remarkable as his. Bread factories are working at full capacity. The region is valued for its coal and vast electricity-generating capacity.

What are two synonyms for capacity? ›

synonyms for capacity
  • quantity.
  • scope.
  • size.
  • space.
  • accommodation.
  • amplitude.
  • bulk.
  • burden.

Why is capacity important in a contract? ›

Contractual capacity is important because not everyone should have the ability to bind themselves to a series of legal obligations. A breach of contract that fails to honor those obligations can result in legal action and a range of remedies.

Under what circumstances a person is said to have a capacity to enter a contract? ›

—Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject."

What is a capacity agreement? ›

Capacity Agreement is the term used to describe the rights and obligations accruing to a capacity provider under or by virtue of electricity capacity regulations and capacity market rules in relation to a particular capacity committed CMU and one or more delivery years.

What does capacity of the owner mean? ›

Capacity Owner means an International Telecom Carrier or Foreign Carrier or Indian International Long Distance Operator who owns capacity on the international submarine cable landing at the cable landing station in India; Sample 1Sample 2Sample 3.

Who determines capacity for power of attorney? ›

A lawyer who gets instructions to prepare a will or a power of attorney will assess whether the person giving the instructions has the capacity to do so.

How do you assess capacity for power of attorney? ›

What you must check
  1. understand the information they need - for example, what the consequences will be.
  2. remember the information for long enough to make the decision.
  3. weigh up the options and make a choice.
  4. communicate their decision in any way - for example, by blinking or squeezing a hand.

What does it mean to work in any other capacity? ›

Different capacity means employment involving duties that do not fall within the same general occupational category as the employee's regularly assigned duties.

What is dishonor of an instrument? ›

Dishonor is the refusal to honor and pay an instrument (e.g. a check) that is presented for payment or settlement.

What are the 4 dimensions of the rule of law? ›

These are: limited govern- ment powers, fundamental rights, regulatory enforcement and civil justice.

What are two legal documents? ›

  • Affidavits. Treasurer's Affidavit (for incorporation of corporation) ...
  • Contractor Agreement. Service Contract. ...
  • Corporate & Business. Deed of Trust and Assignment (for shares of stock) ...
  • Demand Letter. Demand Letter for Money Owed. ...
  • Donate Property. ...
  • Human Resources & Employment. ...
  • Intellectual Property. ...
  • Lease Agreement.

What is the most common mistake made by a notary? ›

Failing to require signers to be present at the notarization is the number one claim of misconduct against Notaries.

Can you notarize a document if the person is not present? ›

In both administrative cases, the Court cited Section 2(b), Rule IV of the Rules on Notarial Practice of 2004, which states that a person shall not perform a notarial act if the person involved as signatory to the instrument or document is not in the notary's presence personally at the time of the notarization; and is ...

Is it possible to use a lawyer instead of a notary public? ›

WHEN TO HIRE A NOTARY PUBLIC. The primary difference between a notary and a lawyer is that a lawyer can represent their client in court, whereas a notary cannot. Among other responsibilities, a lawyer has the power to act as a notary public, but not vice versa.

What is actionable claim in property law? ›

Actionable claim means a debt or a claim on which action can be started in a Court of law for comfort or relief. The civil Courts recognized as giving the grounds for relief whether such claims are conditional, accruing and other. The actionable claim is defined under section 3 of the Transfer of Property Act, 1882.

What is meant by attestation in property law? ›

The word 'attested' occurs in Section 3 of Transfer of Property Act, as part of the definition itself. To attest is to bear witness to a fact.

What is Section 3 in property law? ›

—Any person acquiring any immovable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Explanation III.

What does it mean to fill to capacity? ›

idiom. : to fill completely. The theater was filled to capacity.

What does capacity mean on an insurance form? ›

What is “capacity”? Capacity is the legal authority that entitles you to claim proceeds. If you are claiming on your own behalf, you are an “individual claimant” and should indicate your capacity as Individual. Do not use any other “title” unless you are actually claiming in that capacity.

What does capacity for status mean? ›

Factors of leadership ability, dominance, persistence, and social initiative. Capacity for Status (Cs) Personal qualities and attributes that underlie and lead to the attainment of status and symbols o success. Sociability (Sy)

What is called capacity? ›

The amount that something can hold. Usually it means volume, such as milliliters (ml) or liters (l) in Metric, or pints or gallons in Imperial. Example: This glass has a capacity of 300 ml (but is actually holding only 160 ml) Capacity can also be general: "He has a great capacity for work"

What are words for capacity? ›

synonyms for capacity
  • quantity.
  • scope.
  • size.
  • space.
  • accommodation.
  • amplitude.
  • bulk.
  • burden.

How is capacity calculated? ›

Capacity = working hours specified in the Workload Plan - non-working days (in other words, how much of total work can a resource do in a period. If Kate works eight hours a day, her standard workday capacity is eight hours. If Monday is a national holiday and she has a day off, her Monday capacity is 0h).

Does capacity mean maximum? ›

the maximum amount or number that can be received or contained; cubic contents; volume: The inn is filled to capacity. The gasoline tank has a capacity of 20 gallons.

What does status mean in a court case? ›

Answer: A Status court date (also known as a Progress Call) is when the case is called in open court and the attorneys are required to advise the court as to the progress of the case thus far.

What does the California Psychological Inventory best measure? ›

The California Psychological Inventory assesses social communication and interpersonal behavior. Specifically, predicting an individual's reaction, what they will say or do, under conditions is part of the purpose of the CPI. Also, the CPI shows how others will view and assess this individual.

What are the scales of the California personality Inventory? ›

The items on the California Psychological Inventory produce scores for the following 20 folk scales: Capacity for Status, Sociability, Social Presence, Self-Acceptance, Sense of Well Being, Responsibility, Socialization, Self-Control, Tolerance, Good Impression, Communality, Achievement via Conformance, Achievement via ...


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