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Definition of Jurat and Acknowledgment

A jurat requires the signer to swear to the content of a document before a notary. It involves administering an oath, signing in the notary's presence, and the notary using wording like "subscribed and sworn to before me." An acknowledgement only verifies the signer's identity and that they signed the document, not the document's truthfulness. For an acknowledgement in California, the signer must personally appear before the notary but does not need to sign in their presence. A notary should understand the difference but cannot determine which certificate to use, only asking the signer or referring them to the document's originator.
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0% found this document useful (0 votes)
194 views

Definition of Jurat and Acknowledgment

A jurat requires the signer to swear to the content of a document before a notary. It involves administering an oath, signing in the notary's presence, and the notary using wording like "subscribed and sworn to before me." An acknowledgement only verifies the signer's identity and that they signed the document, not the document's truthfulness. For an acknowledgement in California, the signer must personally appear before the notary but does not need to sign in their presence. A notary should understand the difference but cannot determine which certificate to use, only asking the signer or referring them to the document's originator.
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JURATS

A jurat is used when the signer is swearing to the content of the document. The notary must
administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that
the signer signs in the presence of the notary. It is possible to glean this information from the jurat
certificate its self. The wording states “Subscribed and sworn to before me…” – subscribed meaning
“signed” and sworn meaning that an oral oath or affirmation was given. “Before me” means that both
were done in the presence of the notary public.

ACKNOWLEDGEMENTS
An acknowledgement is used to verify the identity of the signer and to confirm that they signed the
document. They are not swearing to the truthfulness or validity of the document, they are simply
acknowledging that they signed the document. For an acknowledgement in the state of California, a
signer is not required to sign the document in the presence of the notary public, but they are required
to personally appear in front of the notary to confirm their signature.
While it is important for a notary to understand the difference between the two, California 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 originator of the document for an answer.

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