Understanding Notary Certificate Wording: A Guide to Acknowledgments & Jurats

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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.

What Is a Notary Certificate?

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:

  • The type of notarial act (e.g., acknowledgment or jurat)
  • The date and location of the notarization
  • The signer’s name
  • The notary’s signature and seal

Since different states have specific wording requirements, notaries must ensure the certificate complies with their state’s laws.

Understanding Acknowledgments vs. Jurats

Notaries primarily handle two types of notarial acts: acknowledgments and jurats. Each serves a different legal purpose, and using the correct one is critical.

What Is an Acknowledgment?

An acknowledgment is a notarial act in which the signer confirms that they:

  • Signed the document voluntarily.
  • Understand the contents of the document.
  • May have signed the document before appearing before the notary.

Common Uses for Acknowledgments:

  • Real estate deeds
  • Business contracts
  • Powers of attorney

The notary does not witness the document’s actual signing but verifies the signer’s identity and willingness to sign.

What Is a Jurat?

A jurat is a notarial act that requires the signer to:

  • Sign the document in front of the notary.
  • Swear or affirm that the contents of the document are accurate.

Common Uses for Jurats:

  • Affidavits
  • Sworn statements
  • Court-related documents

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.

How to Choose the Correct Notary 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.

SituationNotarial 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).

State-Specific Notary Certificate Wording

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.

Examples of State Variations:

  • California – Requires exact statutory wording on all acknowledgments and jurats.
  • Florida – Mandates specific disclaimer wording for notarized real estate documents.
  • Texas – Allows slight variations in wording as long as key elements are present.

Notaries should always check their state’s requirements before completing a notarial certificate.

What to Do If a Document’s Wording Does Not Match Your State’s Laws

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.

Options for Handling Incorrect Notary Wording:

IssueSolution
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.

How to Properly Attach a Loose Certificate

A loose certificate is a separate notarial certificate that contains the correct wording when the original document’s wording is incorrect or missing.

Steps to Attach a Loose Certificate:

  1. Print the correct certificate – Ensure it contains the proper acknowledgment or jurat wording.
  2. Fill in all required details – Include the date, signer’s name, and other necessary information.
  3. Securely attach it to the document – Use staples to prevent separation.
  4. Note the attachment in your notary journal – Record that a loose certificate was used.

By using a loose certificate, the notary ensures that the notarization remains compliant with state law while maintaining the integrity of the original document.

Best Practices for Notary Certificate Wording

Notaries should follow best practices when handling certificate wording to ensure smooth and legally valid notarizations.

Best Practices:

  • Always follow your state’s notary laws – Use the correct certificate wording for your jurisdiction.
  • Do not modify preprinted wording without permission – If the wording is incorrect, use a loose certificate.
  • Keep copies of correct certificates – Have templates of acknowledgment and jurat certificates ready for use.
  • Educate clients on their role – Let signers know they must choose the notarial act if it’s not specified.

By following these best practices, notaries can ensure compliance and avoid errors that could invalidate the notarization.

Choose the Correct Notary Certificate for Every Transaction

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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