Acknowledgment and Jurat Procedures
Acknowledgment and Jurat Procedures
The exam tests whether you can distinguish the two most common notarial acts and perform each correctly. Both require personal appearance and identification; they differ in what the signer does and what the notary certifies.
Acknowledgment
The signer acknowledges that the signature on the document is voluntary. The signer may have signed before appearing, but must appear before the notary to acknowledge it. The certificate typically reads 'acknowledged before me' and does not require an oath. The notary confirms identity, observes that the signer is aware of the document, and completes the acknowledgment.
Jurat
The signer must sign in the notary's presence and swear or affirm that the content is true. The certificate typically reads 'sworn to (or affirmed) and subscribed before me.' The notary administers the oath, watches the signature, and completes the jurat. A jurat is not merely a signature witness; the oath is essential.
Worked example
A signer brings a completed affidavit signed at home. The document has a jurat. The notary cannot complete the jurat because the signer did not sign in the notary's presence and has not yet been sworn. The correct procedure is to have the signer sign again in the notary's presence and administer the oath, or decline if the signer refuses. If the document instead had an acknowledgment, the prior signature could be acknowledged, because acknowledgment does not require signing in the notary's presence.
Traps
- Completing a jurat without administering an oath.
- Letting a signer sign a jurat outside the notary's presence.
- Using an acknowledgment certificate for a document that requires a jurat.
- Filling in 'sworn' language when only an acknowledgment was performed.