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Acknowledgment Vs Jurat

This document discusses the differences between an acknowledgment and a jurat in notarizing documents. An acknowledgment requires the signer to appear before the notary and acknowledge signing freely, but does not need to be signed in the notary's presence. A jurat requires the signer to personally appear before the notary, be given an oath, and sign in the notary's presence. Notaries cannot determine which type of certificate to use, as that would be practicing law, but can ask the signer or refer them to the document's source for clarification.

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100% found this document useful (1 vote)
99 views1 page

Acknowledgment Vs Jurat

This document discusses the differences between an acknowledgment and a jurat in notarizing documents. An acknowledgment requires the signer to appear before the notary and acknowledge signing freely, but does not need to be signed in the notary's presence. A jurat requires the signer to personally appear before the notary, be given an oath, and sign in the notary's presence. Notaries cannot determine which type of certificate to use, as that would be practicing law, but can ask the signer or refer them to the document's source for clarification.

Uploaded by

KISSINGER REYES
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Acknowledgment

An acknowledgment certificate indicates that the signer:

a) personally appeared before the Notary,


b) was identified by the Notary, and
c) acknowledged to the Notary that the document was freely signed.

Contrary to popular belief, documents requiring acknowledgments do not need to be signed in the notary’s presence
in most states even though the latter would be highly preferred whenever possible.

The confusion comes from the fact that the signer must appear before the Notary at the time of notarization to
acknowledge that he or she freely signed for the purposes stated in the document.

Jurat

Documents requiring a jurat must be signed in the Notary’s presence, as dictated by the typical jurat wording,
“Subscribed (signed) and sworn to before me…”

In executing a jurat, a notary guarantees that the signer:

a) personally appeared before the notary,


b) was given an oath or affirmation by the notary, and finally
c) signed in the Notary’s presence.
While it is important for a notary to understand the difference between an acknowledgment and a jurat, notaries
public are not allowed to determine which type of certificate a signer uses. To do so would be considered practicing
law without a license.
A notary can only ask the signer which form they prefer. If they don’t know, the notary will refer them to the source
of the document for an answer.
An alternative for a signer who cannot ascertain which certificate to use would be to ask the notary to affix both
types which is a perfectly acceptable request.

An acknowledgment is the act of one who has executed a deed in going before some competent officer or court and
declaring it to be his act or deed. It acknowledgement typically applies to documents that must be signed in front of
an unbiased independent witness aka the notary

A jurat is that part of an affidavit where the officer certifies that the same was sworn before him. A jurat used
primarily when dealing with sworn statements.

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