Acknowledgments and Jurats
Two different acts
An acknowledgment and a jurat both require the signer to appear, but they accomplish different things.
- Acknowledgment. The signer acknowledges that the signature on the record is the signer's own and was made voluntarily. The signature need not have been made in the notary's presence. The certificate recites that the person "acknowledged before me."
- Jurat (verification on oath or affirmation). The signer must sign the record in the notary's presence and swear or affirm that its contents are true. The certificate recites "subscribed and sworn to before me." An oath invokes a supreme being; an affirmation is a solemn promise without that reference.
What a certificate must contain
State the act performed, the date, the county and Commonwealth, the notary's name as commissioned and title, the notary's signature, and the commission expiration date, together with the seal. Many records arrive with preprinted certificates-read the block before signing. If the preprinted language does not match what you actually did, attach or substitute a correct certificate rather than certifying something untrue.
Traps
- Using an acknowledgment form when the signer swore to the truth, or a jurat when the signer merely acknowledged-the classic mismatch question.
- Administering a jurat without actually administering an oath ("just sign here").
- Certifying that a signer appeared when the signer never did, or backdating a certificate.
- Altering the signer's substantive text; you may complete the notarial certificate, not the document body.
Rule of thumb
Match action to words: if the signer swears, the certificate must say sworn; if the signer only acknowledges, it must say acknowledged.