Notarial Acts: Acknowledgments, Jurats, Oaths, and Affirmations
This domain tests the distinctions among acknowledgments, jurats, oaths, and affirmations.
Acknowledgment versus jurat
An acknowledgment is used when the signer appears before the notary and acknowledges that the signature on the record is voluntary. The signer may have signed earlier; the notary does not administer an oath. A jurat is used when the signer signs in the notary's presence and swears or affirms that the contents are true; the notary administers an oath or affirmation and completes a jurat certificate. An oath appeals to a Supreme Being; an affirmation is a solemn promise without that appeal. Both create binding conscience, and both require personal appearance.
Worked example
A seller signed a deed at home and brings it to the notary. The correct act is an acknowledgment: the seller appears, is identified, and states the signature is voluntary. If the same seller instead brings an affidavit that must be sworn, the notary must watch the seller sign (or take the signature in the notary's presence), administer the oath/affirmation, and complete a jurat. Using an acknowledgment certificate for the affidavit would be defective because no oath was administered.
Traps
- Using “acknowledged” language for a sworn affidavit.
- Administering a jurat without seeing the signer sign.
- Taking an acknowledgment without the signer appearing.
- Treating an affirmation as less binding than an oath.