As a notary public, one of the fundamental tasks you’ll perform is notarizing documents. However, not all notarizations are the same. Two of the most commonly requested notarizations are acknowledgments and jurats. Knowing the differences between them and when to use each is critical for ensuring compliance and providing accurate services. Let’s explore the distinctions between these two types of notarial acts and their appropriate uses.
What is a Notary Acknowledgment?
A notary acknowledgment is a formal declaration by a signer that they willingly signed a document. The notary’s role in this process is to confirm the identity of the signer and ensure they signed voluntarily.
Key Features of an Acknowledgment:
- Signer Identification: The notary must verify the identity of the signer through satisfactory evidence, such as government-issued identification.
- Voluntary Signature: The notary does not witness the signing but must confirm with the signer that they signed the document willingly.
- No Oath Required: Unlike jurats, acknowledgments do not require the signer to swear or affirm the truthfulness of the document’s contents.
When to Use an Acknowledgment
Acknowledgments are typically used for documents related to real estate transactions, such as deeds, mortgages, and powers of attorney. This is because these documents often affect property ownership and rights, making it essential to ensure the document was signed voluntarily.
What is a Jurat?
A jurat, on the other hand, involves the signer making a sworn statement. In this process, the notary’s role is to witness the signer physically sign the document and administer an oath or affirmation.
Key Features of a Jurat:
- Signer Identification: As with acknowledgments, the notary must verify the identity of the signer.
- Oath or Affirmation: The signer must swear or affirm that the statements within the document are true.
- Notary Presence During Signing: The notary must witness the actual signing of the document.
When to Use a Jurat
Jurats are commonly used for affidavits, depositions, and other legal documents where the signer’s truthfulness is critical. Since the signer is swearing under penalty of perjury, the additional steps of administering an oath and witnessing the signing are necessary.
Key Differences Between Acknowledgments and Jurats
While acknowledgments and jurats both require identity verification, there are significant differences in how the two are administered.
| Aspect | Acknowledgment | Jurat |
|---|---|---|
| Notary’s Presence | Notary does not need to witness the signing | Notary must witness the signing |
| Oath Required | No | Yes, oath or affirmation is mandatory |
| Purpose | Verify the voluntary signing of the document | Certify the truthfulness of the document |
| Typical Documents | Deeds, powers of attorney, real estate forms | Affidavits, sworn statements, depositions |
Practical Considerations for Notaries
As a notary, it’s important to understand when to use each type of notarization to avoid any legal issues. Failing to administer the correct notarial act could lead to the document being invalidated, especially in legal or real estate transactions. Always ensure that you ask the signer which type of notarization is required, as using the wrong one could create complications down the road.
Conclusion
Understanding the differences between acknowledgments and jurats is essential for providing accurate notarial services. Acknowledgments verify the signer’s identity and ensure voluntary signing, while jurats require the signer to swear to the document’s truthfulness in the notary’s presence. Each serves a distinct purpose and is required in different situations. For more information on specific notarial procedures and tips for success, check out our Resources section.
If you’re new to the notary field or looking to expand your knowledge, consider enrolling in our approved Notary Training Courses for a comprehensive overview of notarial responsibilities, including acknowledgments, jurats, and other essential duties.
