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Notary Tips

Acknowledgment, Jurat or Oath: Which Does Your Document Need?

By Tawana Harris ·

People often ask for "a notary stamp" without knowing which notarial act their document needs. The distinction is not a formality — it changes what happens at the appointment, and in one case it changes whether you should sign in advance.

Acknowledgment

In an acknowledgment, the signer appears before the notary, is identified, and acknowledges that the signature on the document is theirs and was made willingly. It is the most common act on deeds, powers of attorney and many real estate documents.

The certificate typically begins with wording such as "personally appeared before me" and refers to the signer acknowledging the document. Even though a signature may already exist on the page, it is safest to sign at the appointment unless you were told otherwise.

Jurat

In a jurat, the signer swears or affirms that the contents of the document are true, and then signs in the notary's presence. Affidavits and sworn statements normally require a jurat.

The certificate usually reads "subscribed and sworn to before me" or "sworn to and subscribed". Leave the signature line blank — for a jurat the signature has to happen in front of the notary, after the oath.

Oath or affirmation

Sometimes the notary is asked only to administer an oath or affirmation, with no document to be signed at all — a spoken promise to tell the truth or to perform a duty faithfully. An affirmation is the same act without a religious reference, for signers who prefer it.

How to tell which one you need

The document tells you. Look at the block of text near the signature area, usually beginning with a state and county line. Its wording is the notarial certificate, and it names the act.

If there is no notarial wording anywhere on the document, a notary cannot pick one for you. Ask whoever requested the notarization — a lender, court, employer, agency or attorney — which act they require, and have them supply the wording.

Why it matters

The wrong act can cause a document to be rejected and re-signed, which is expensive when deadlines, closings or court filings are involved. Checking the certificate before the appointment takes a minute; redoing a signing takes a day.

If you are unsure what your document is asking for, include a description when you request your appointment so it can be looked at before anyone travels.

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