Most Notary publics receive many questions from clients about the differences between jurats and acknowledgments. It’s very important that the client understands the differences. Each type of notarial act has a specific purpose and requirements. The goal of this blog is to explain these two common acts. Which will help the signer make the best choice for the legal documents
📜 What is a Jurat?
A jurat is an official notarial act in which the signer or individual swears (affirms) that the content of a document is truthful to the best of their knowledge. Once the signer signs, the notary stamps the document with their seal—this type of notarization is used for documents such as depositions and affidavits.
The notarial language for a jurat may read, for EX: “Subscribed and sworn to (or affirmed) before me on this (date) by (name of the signer).”
The core of a jurat is.
👥 Personal Appearance: The signer must be in person or virtually before the notary at the time of the notarization.
🗣️ Oath or Affirmation: The signer must swear or affirm that the statements in the documents are true.
✍️ Signature: The signer must sign the documents in the presence of the notary
📝 What is an acknowledgment?
An acknowledgment is a notarial act in which the signer knows they are executing the documents. Once the signer signs, the notary stamps the document with their seal—this type of notarization is used for documents such as deeds, power of attorney, and other documents,
The core of acknowledgment is.
🤝 Statement of Willingness: The signer declares that they executed the documents willingly.
👥 Personal Appearance: The signer must be in person or virtually (Remote Online Notarization) before the notary at the time of the notarization. The document CAN be signed prior to appearing before the notary.
🆔 Identification: The notary must know the signer through personal knowledge or by viewing a passport, driver’s license, or government-issued photo identification
The notarial language for an acknowledgment may read, Ex.
“On this (date), before me, (name of notary), personally appeared (name of the signer), who proved to me based on satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged.”
Key Differences Between Jurats and Acknowledgments
🎯 Purpose:
- Jurat: It make sure the truthfulness of the document’s contents through an oath or affirmation.
- Acknowledgment: Confirms the identity (state id, passport) of the signer and the voluntary nature of the signature.
✍️ Signature Requirement:
- Jurat: The signer must sign the document in the presence of the notary.
- Acknowledgment: The signer can sign the document before presenting it to the notary.
🗣️ Oath/Affirmation:
- Jurat: Requires an oath or affirmation.
- Acknowledgment: Does not require an oath or affirmation.
📄 Common Usage:
- Jurat: Usually used for affidavits, depositions, and other sworn statements.
- Acknowledgment: Commonly used for deeds, mortgages, and other documents involving property or legal transactions.
⚖️ Legal ramifications
The legal implications of jurats and acknowledgment are very important. A jurat adds legal responsibility to signer. By requiring them to swear to the truthfulness to the document under the penalty of perjury. An acknowledgment, on the other hand, ensures that the document was signed willingly and duress free
✅ Conclusion
Understanding the differences between jurats and acknowledgments is vital for the individual signer. Each serves a unique function and ensures document integrity and signatory responsibility. This knowledge will contribute to a flawless experience
📚 References
- National Notary Association. (n.d.). The Difference Between An Acknowledgment And A Jurat. Retrieved from National Notary Association.
- American Association of Notaries. (n.d.). Jurat vs. Acknowledgment: What’s the Difference? Retrieved from American Association of Notaries.
- New York Department of State, Division of Licensing Services. (n.d.). Notary Public License Law. Retrieved from New York Department of State.
NOTE :
Notaries cannot give advice or opinions that an attorney should give
—This is unlicensed practice of law.
This Blog contains no legal advice and should not be interpreted as such
