Understanding the Different Types of Notarizations: When to Use Each One

Notarizations go beyond just acknowledgments and jurats. Notaries perform various notarial acts, each with a specific purpose and legal significance. Whether verifying identity, administering an oath, or certifying a document’s authenticity, choosing the right notarization is crucial.

This guide explains the most common types of notarizations when to use each one, and how to ensure compliance with state laws and best practices.

What Are the Main Types of Notarizations?

Notarial acts fall into four main categories:

1. Signature-Based Notarizations – Verify the identity of a signer.
2. Oaths & Affirmations – Used for sworn statements.
3. Document Certifications – Confirm the authenticity of copies.
4. Specialized Notarizations – Includes protests and depositions.

Understanding when to use each notarization type helps ensure valid and legally sound notarizations.

Acknowledgments: Confirming a Willing Signature

An acknowledgment is a notarization where the signer affirms that they willingly signed the document. The notary does not witness the signing but confirms the person’s identity and voluntary intent.

When to Use an Acknowledgment:

• Real estate transactions (deeds, mortgages, property transfers).
• Power of Attorney (POA) documents.
• Trusts and business agreements.

Key Rule: The signer may sign the document beforehand but must personally appear before the notary.

Jurats: Administering an Oath for a Signed Document

A jurat requires the signer to swear or affirm that the document’s contents are true and accurate. The notary must witness the signing and administer the oath or affirmation.

When to Use a Jurat:

• Affidavits (sworn statements used in legal cases).
• Depositions (written testimony for court proceedings).
• Oaths of office (public officials swearing into office).

Key Rule: The document must be signed in the notary’s presence, and the signer must verbally swear to its accuracy.

Signature Witnessing: Verifying the Act of Signing

Some states allow signature witnessing, where the notary’s primary role is to watch the signer physically sign the document. Unlike acknowledgments, no verbal declaration is required.

When to Use Signature Witnessing:

• Simple contracts and legal forms require independent verification.
• Medical directives (living wills, healthcare proxies).
• Financial agreements and personal statements.

Key Rule: The notary must witness the signing and verify identity but does not administer an oath.

Copy Certification: Verifying a Document’s Authenticity

A copy certification confirms that a photocopy of an original document is accurate, complete, and unaltered. This is useful when a certified copy is required, but the original must remain with the owner.

When to Use a Copy Certification:

• Passports, driver’s licenses, and IDs (for official applications).
• Educational diplomas and transcripts.
• Business licenses and corporate records.

Key Rule: The notary must compare the copy to the original document before certifying.

Note: Some states prohibit notaries from certifying copies of birth certificates, death certificates, or court-issued documents—these must be obtained directly from the issuing agency.

Oaths & Affirmations: Swearing Truthfulness

An oath or affirmation is a verbal pledge to tell the truth. Notaries administer these when someone must provide truthful testimony or confirm written statements.

Oaths vs. Affirmations:

• Oaths: The signer swears before God or a higher authority.
• Affirmations: The signer makes a solemn promise without religious references.

When to Use Oaths & Affirmations:

• Court testimonies (verbal or written).
• Sworn affidavits and statements.
• Legal depositions.

Key Rule: The notary must verbally administer the oath or affirmation and confirm the signer’s understanding.

Protests for Non-Payment: Handling Financial Disputes

A notarial protest is a specialized act used in banking and finance, mainly for handling unpaid promissory notes or checks. It formally verifies that a payment request was made and refused.

When to Use a Notarial Protest:

• Unpaid promissory notes.
• Dishonored checks.
• Bank-related financial disputes.

Key Rule: Only some states authorize notaries to perform protests—always check your state’s laws.

Deposition Notarization: Certifying Sworn Testimony

A deposition notarization involves a notary recording a witness’s testimony for a court case. The notary must administer an oath, transcribe the deposition, and certify it.

When to Use a Deposition Notarization:

• Legal cases requiring written testimony.
• Pre-trial witness statements.
• Cases where a witness cannot appear in court.

Key Rule: The notary may need special training or certification to perform depositions.

Remote Online Notarization (RON): Digital Notarization

Remote Online Notarization (RON) can be completed entirely online using video conferencing and electronic signatures.

When to Use RON:

• Real estate transactions (eClosings, loan documents).
• Legal and financial documents for remote clients.
• International notarizations where a signer cannot appear in person.

Key Rule: RON is only legal in certain states—notaries must register with an approved platform before offering online notarizations.

Choosing the Right Type of Notarization

Selecting the correct notarization type depends on state laws, the document’s purpose, and client needs.

Always follow state laws to determine which notarization types you are authorized to perform.

Performing the Right Notarial Act with Confidence

Understanding the various types of notarizations ensures that documents are correctly executed and legally valid. Notarial acts serve a specific purpose, and notaries must ensure they apply the correct process based on state laws.

Key Takeaways:

• Acknowledgments confirm a willingness to sign but do not require signing before the notary.
• Jurats require the signer to swear to the document’s accuracy.
• Signature witnessing ensures the notary personally observes the signing.
• Copy certifications verify that a document is a true copy of the original.
• Remote Online Notarization (RON) is growing in popularity for digital transactions.

By choosing the correct notarial act, notaries protect signers, prevent fraud, and ensure legal compliance.

For more detailed notary guidelines, visit the Notary Public Association.