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Notary certificates are essential to any notarization, proving that the notarial act was performed correctly and legally. However, the wording on these certificates can vary by state, and choosing the correct form is crucial for ensuring document validity.
This guide will explain the differences between acknowledgments and jurats, how to choose the correct certificate for any notarization, and what to do if a document’s wording does not comply with your state’s laws.
A notary certificate is a section of a notarized document that includes official wording describing the notarial act performed. The notary must complete, sign, and stamp this certificate to validate the notarization.
Notary certificates typically contain the following elements:
Since different states have specific wording requirements, notaries must ensure the certificate complies with their state’s laws.
Notaries primarily handle two types of notarial acts: acknowledgments and jurats. Each serves a different legal purpose, and using the correct one is critical.
An acknowledgment is a notarial act in which the signer confirms that they:
Common Uses for Acknowledgments:
The notary does not witness the document’s actual signing but verifies the signer’s identity and willingness to sign.
A jurat is a notarial act that requires the signer to:
Common Uses for Jurats:
A jurat includes an oath or affirmation, making it different from an acknowledgment. If a document requires a sworn statement, the notary must administer the oath before completing the jurat certificate.
The document will often specify whether an acknowledgment or jurat is required. If it does not, the notary cannot decide for the signer—instead, the signer must choose.
Situation | Notarial Act Required |
---|---|
The signer must confirm their identity and willingness to sign. | Acknowledgment |
The signer must swear or affirm that the document’s contents are accurate. | Jurat |
The document is a deed, power of attorney, or contract. | Acknowledgment |
The document is an affidavit or sworn statement. | Jurat |
If a signer is unsure which act is needed, they should consult the document preparer or legal professional. Notaries must not advise which certificate to use, as this is considered an unauthorized practice of law (UPL).
Each state has unique laws regarding the wording of notary certificates. Some states require exact phrasing, while others allow flexibility as long as the essential elements are included.
Notaries should always check their state’s requirements before completing a notarial certificate.
Sometimes, a document will include notarial wording that does not comply with your state’s laws. In this case, notaries must correct the issue before proceeding with the notarization.
Issue | Solution |
---|---|
The document’s wording is missing the required elements. | Modify the wording (if allowed by state law) or attach a loose certificate. |
The document’s wording contradicts state law. | Use a loose certificate with the correct wording. |
The document does not specify a notarial act. | Ask the signer to choose between an acknowledgment or jurat. |
If a document contains preprinted notarial wording that does not meet state requirements, the notary must not alter it without permission. Instead, the notary should attach a loose certificate with the correct wording.
A loose certificate is a separate notarial certificate that contains the correct wording when the original document’s wording is incorrect or missing.
By using a loose certificate, the notary ensures that the notarization remains compliant with state law while maintaining the integrity of the original document.
Notaries should follow best practices when handling certificate wording to ensure smooth and legally valid notarizations.
By following these best practices, notaries can ensure compliance and avoid errors that could invalidate the notarization.
Understanding notary certificate wording is essential for ensuring that every notarization is legally valid. Whether completing an acknowledgment or a jurat, notaries must follow state laws, verify certificate wording, and use loose certificates when necessary.
For more resources on notarial best practices and state-specific wording requirements, visit the Notary Public Association for expert guidance.
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