Notarial Acts, Instruments, and Drafting
Choosing the act
An acknowledgment certifies that the signer appeared, was identified, and acknowledged executing the instrument voluntarily. A jurat certifies that the signer appeared, was identified, signed in the notary’s presence, and swore or affirmed the truth of the contents. An oath or affirmation is an oral ceremony; a certified copy attests that a copy is a true copy of an original; a protest records dishonor of a negotiable instrument.
Formal requisites
Certificates need the venue, date, signer’s name, notary’s signature, seal, and statutory wording. The notary must not leave blanks, must ensure the certificate matches the act performed, and must not sign as both notary and witness if local law prohibits it.
Drafting discipline
Where authorized to draft, the notary must ensure the instrument states the parties, the operative act, the consideration or cause, and any required formalities. Where not authorized, the notary reviews the certificate and identity, not the parties’ business bargain.
Worked example
A signer presents an affidavit already signed at home and asks for a “jurat.” The notary cannot issue a jurat because the signer did not sign in the notary’s presence and did not swear. The notary may instead take the signer’s oath and have the signer sign again in the presence, or use an acknowledgment only if the document is genuinely an acknowledgment, not a sworn statement.
Traps
Using an acknowledgment for a sworn affidavit; omitting venue or date; notarizing a blank or incomplete certificate; and certifying a copy of a record the notary is not authorized to copy.