Notarial Acts and Duties
What a notarial act is
A notarial act is an official act performed by a commissioned notary before a signer. In Alaska the core acts are acknowledgments, jurats (verification on oath or affirmation), oaths and affirmations, affidavits, copy certifications, and witnessing or attesting signatures. Know which act fits a document: an acknowledgment confirms the signer appeared and acknowledged the signature voluntarily; a jurat confirms the signer swore or affirmed the truth of the contents in the notary's presence. Mixing these two up is the most common exam trap.
Core duties
A notary must determine personal knowledge or satisfactory evidence of identity, confirm the signer's appearance (in-person, or by an authorized remote method where permitted), screen for willingness and awareness, and complete a proper certificate. A notary must never act on a document where the signer is not present, is not identified, or appears coerced or confused.
Traps to watch
- A jurat requires the signer to be sworn in; an acknowledgment does not.
- A notary may refuse to perform an act and is not required to give a reason.
- Notaries do not determine document legality or give legal advice.
- Signers need not sign in the notary's presence for an acknowledgment if they personally appear and acknowledge the signature; for a jurat, signing in the notary's presence is the norm.
Rule of thumb
Ask: Did the signer swear to the truth (jurat) or just acknowledge the signature (acknowledgment)? The answer selects the certificate.
Worked example
A client hands you an affidavit and says, "I just need you to stamp it." Because it is an affidavit, you administer an oath or affirmation, watch the signing, and complete a jurat-not an acknowledgment.