Transcription
Acknowledgementsand JuratsA special webinar presentation by theNATIONAL NOTARY ASSOCIATION
Questions we will address todayWhat are thepurposes andrequirements of themost common acts:acknowledgementsand jurats?What does thebasic certificatewording look likefor each act?What are theNotary’sresponsibilities inattaching loosecertificates?
General RequirementsWhen performing any notarial act, you must always require personal appearance.Always verify the signer’s identity when notarizing a signature. Check your state’s laws regardingthe acceptable identification processes.Scan the document for completeness. The signer should fill in any blank spaces.Always complete a journal entry to have record of the transaction.Complete, sign, and seal the appropriate certificate wording to state the facts you certified.
Acknowledgments vs. JuratsOverview of PurposeAn acknowledgment ensures that the signature on the documentcan be trusted by the receiving agency. Many importantdocuments, such as recordable documents, loan agreements, andpowers of attorney require acknowledgments.
Acknowledgments vs. JuratsOverview of PurposeA jurat (verification upon oath) requires the signer to becompelled to truthfulness regarding the content of thedocument. The signer is required to take anoath/affirmation before the Notary in order for thereceiving agency to trust the signer’s statements withinthe document. Jurats are often performed on affidavitsand depositions.
AcknowledgmentJuratSigner personallyappearsSigner personallyappearsSigner is positivelyidentifiedSigner is positivelyidentifiedSigneracknowledgessignature beforethe NotarySigner signs in thepresence of theNotaryNote: Notary isnot required towitness signersignSigner swears tocontent ofdocument
AcknowledgmentsMost widely performedUsed on deeds, powers of attorneyMain purpose to positively identify signer and verify signer freely signed documentNotary is not required to witness signer execute the documentSigner must always personally appear before the Notary to acknowledge his signatureIn some states, there are prescribed acknowledgment certificates to use for signer’s invarious capacities
Acknowledgmentby an IndividualState ofCounty ofThis instrument was acknowledged before me on (date) by(name/s of person/s.)(Signature of Notary Public)(Seal)
Acknowledgmentfor Representative CapacityState ofCounty ofThis instrument was acknowledged before me on (date) by(name/s of person/s) as(type of authority, e.g., officer,trustee, etc.) of (name of partyon behalf of whom instrument was executed).(Signature of Notary Public)(Seal)
JuratsAlso called ‘Verification Upon Oath’Notary must identify signerDocument must be signed in Notary’s presence and oath or affirmationis administeredOften performed on affidavits and depositionsJurat affidavit may be divided in two parts
JuratsState ofCounty ofSigned and sworn (or affirmed) to before me on (date) by(name/s of person/s making statement).(Signature of Notary Public)(Seal)
Attaching a Loose CertificateNotary must never choose the notarial actIf signer is not sure, the signer should check withrequesting agencyAlways secure loose certificate to document(Embosser recommended)In some states, there are additional requirementsregarding loose certificatesAZ-additional info required; CA-out of state wordingstipulations; MD-loose certificates are prohibited
ConclusionThe fundamentals of notarization are consistent for all actsAcknowledgements ensure that the signature can be TRUSTEDJurats compel the signer to be truthful about the contents of the documentCertificate wording is different for each act indicating facts certifiedIn most states, Notaries can attach loose certificates when preprinted notarialwording is not attachedThe Notary must never choose the notarial act
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Complete, sign, and seal the appropriate certificate wording to state the facts you certified. Always complete a journal entry to have record of the transaction. Scan the document for completeness. The signer should fill in any blank spaces. Always verify the signer’s identity when
