Acknowledgment or Jurat?
A client brings in a document titled 'Affidavit of Heirship.' The client's signature is already on it, and the certificate below the signature reads: 'Sworn and subscribed before me on this ___ day of _, 20.' The client signed it at home yesterday. The client presents a valid Texas driver's license, which the notary examines. The client says, 'I just need you to notarize my signature-I don't need to do anything else.' The notary has never met the client before, and the document will be filed in a county probate matter.
1. Explain the difference between an acknowledgment and a jurat as applied to this document.
Read the worked answer
An acknowledgment is the signer's statement to the notary that the signer voluntarily signed the document for its stated purpose; the signer need not have signed in the notary's presence, but must appear and acknowledge the signature. A jurat is different: the notary certifies that the signer appeared, signed in the notary's presence, and was administered an oath or affirmation. The certificate on this document is a jurat, so the notary would be certifying to an oath and in-presence signing that did not occur.
2. Can the notary simply complete the jurat because the client has valid ID and admits signing the document?
Read the worked answer
No. Valid ID proves identity, and the client's admission proves the signature is hers, but neither satisfies the jurat requirements. The notary did not see the client sign and has not administered an oath. Completing the jurat would be a false notarial certificate. The notary cannot 'just notarize the signature' when the document calls for a jurat.
3. What lawful options does the notary have?
Read the worked answer
The notary may administer an oath or affirmation to the client and have the client sign the document again in the notary's presence, then complete the jurat truthfully. If the client refuses to be sworn or to sign in person, the notary must decline. The notary should not substitute an acknowledgment certificate for the jurat unless the document's preparer authorizes a new certificate and the client appears and acknowledges the existing signature; even then, an affidavit that requires an oath may not be accepted with only an acknowledgment. The safest course is to complete the required jurat only after the oath and in-presence signing.