Notarial Acts and Duties
The Core Function
A notary's job is to screen for three things before certifying anything: that the signer personally appeared, that the signer was positively identified, and that the signer appeared willing and aware (no duress, no obvious incapacity). Everything else - the stamp, the wording, the journal - supports those findings.
The Two Main Acts
Acknowledgments certify that a signer already executed a document and personally appeared to declare it as their voluntary act. The signer need not sign in the notary's presence for an acknowledgment, but must appear to acknowledge. Jurats (verifications on oath or affirmation) certify the signer signed in the notary's presence and swore to the truth of the contents. Administering oaths and affirmations, taking affidavits, and certifying copies (where permitted) round out the standard duties.
Traps to Expect
- Confusing acknowledgment and jurat timelines: a question may describe a signer who signed last week and now appears - that is an acknowledgment, not a jurat.
- Assuming a notary may certify that a document is true, accurate, or legal. Notaries certify identity and voluntary execution, not content.
- Assuming a notary must give legal advice or explain a document's effect. The correct answer is almost always to decline and refer the signer to an attorney.
- Forgetting that the notary must be physically present - remote or proxy notarization is not the default.
Rule of Thumb
Ask: Did I watch the pen move? If yes, a jurat is possible. If the document was already signed, only an acknowledgment fits. If the signer refuses to swear, offer an affirmation - never pressure an oath.
Worked Example
A signer brings a signed deed and says, "I signed it yesterday; I just need it notarized." Correct act: acknowledgment. The certificate should read that the person appeared and acknowledged execution - not that they swore to the contents.