What is an Acknowledgment? An acknowledgment serves the purpose of allowing a signer, whose identity has been verified, to openly declare to a Notary or notarial officer that they have willingly signed a document.
Steps for an Acknowledgment:
The signer must personally appear before the Notary.
Positive identification of the signer must adhere to state regulations.
The signer may sign the document either before appearing before the Notary or in their presence.
The signer declares or acknowledges signing the document for its intended purpose.
In most states, direct communication from the signer is required. However, Arizona, Colorado, and Mississippi allow the use of an interpreter, provided they appear in person and do not have a disqualifying interest.
What is a Jurat? A jurat, also known as a "verification upon oath or affirmation" in some states, serves the purpose of allowing a signer to swear or affirm the truthfulness of a document's contents to a Notary or notarial officer.
Steps for a Jurat:
The signer must be physically present and sign the document in the Notary's presence.
Positive identification may be required in certain states.
A spoken oath or affirmation must be administered, with the signer responding audibly.
While not mandatory, having the signer raise their right hand is recommended for emphasizing the seriousness of the oath or affirmation.
A jurat cannot be executed by a proxy; the original signer must personally swear or affirm the oath.
Acknowledgment and Jurat Certificates: Due to their distinct purposes, acknowledgment and jurat notarizations require specific certificate wording. Using the wrong certificate for a notarization type is not permissible. Acknowledgment certificates typically include phrases like "acknowledged before me," while jurat certificates feature wording such as "subscribed and sworn to (or affirmed) before me."
Ensuring compliance with state rules and selecting the appropriate certificate wording is crucial for accurate and legally valid notarizations.