Notarial Acts and Certificates
What this domain tests
This domain tests the notarial acts Michigan notaries may perform and the certificates that document them. Questions often turn on choosing the correct act, using statutory-style wording, and refusing an act the signer did not actually complete.
Core rules and concepts
- Common notarial acts include taking an acknowledgment, administering an oath or affirmation, and completing a jurat. In an acknowledgment, the signer personally appears and acknowledges signing the document voluntarily; the notary certifies identity and execution, not the truth of the contents.
- In a jurat, the signer signs in the notary's presence and swears or affirms the contents are true. The certificate states the document was 'subscribed and sworn to' or affirmed before the notary on a stated date.
- A certificate should identify the venue (State of Michigan, County of ______), the date, the signer, the act performed, and the notary's signature, seal, and commission expiration. The certificate must be attached to or logically associated with the document.
- Do not use acknowledgment wording for a sworn statement, and do not use jurat wording if no oath or affirmation was administered. Never certify a copy of a record that another official must certify, such as a vital record, unless Michigan law specifically authorizes the act.
- The notary must be able to identify the signer and must not rely on a signature alone.
Worked example
A signer brings an affidavit and says, 'Just stamp it-I already signed at home.' The notary should not attach a jurat. A jurat requires the signer to sign in the notary's presence and swear or affirm the affidavit is true. If the signer only acknowledges the earlier signature, the notary may consider an acknowledgment only if that is what the document requires and the signer appears; otherwise the signer must sign again before the notary and take the oath.
Traps that cost marks
Pre-dating or post-dating a certificate; omitting the county venue; signing a certificate before the signer appears; using a jurat for an unsworn signature; and certifying a copy without authority.