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Why Are There Different Types of Signature Notarizations?

 

Often, people who aren’t familiar with notary law and requirements assume that when “notarizing,” a notary just identifies a person, watches the person sign, and then affixes their notary stamp near the person’s signature on the document.

But there’s much more to notarizing than just those procedural steps. To understand what really happens each time a notary notarizes a signature, consider the required formalities of the two signature notarial acts most often performed by America’s notaries public, and how the purpose of each act differs.

Acknowledgment

This is perhaps the most common signature notarization performed in America, and probably worldwide as well.

In notary language, to “acknowledge” means that a person confirms having signed a document of their own free will, and they did so for the purposes stated in the document.

Documents requiring an acknowledgment typically contain terms and/or conditions that the named signer accepts and agrees-to by signing their signature. So, document types that require an acknowledgment notarial act include contracts, wills, agreements… most any document that specifies terms and/or conditions that the document signer is agreeing to honor.

In addition to signing the document, a person will “acknowledge their signature” to a notary public or other official authorized to perform notarial acts. The notary or other official will ask the individual a question something like, “Do you acknowledge signing this document voluntarily, for its stated purposes?” The person will reply “yes,” “I do” or similar. If the person cannot vocalize for some reason, they may nod or otherwise indicate their acknowledgment of their signature.

Without this verbal or nonverbal exchange between the notary and the present individual, the acknowledgment notarial act is not complete.

Key fact: Signatures on a document requiring an acknowledgment may be made before notarization or during it… but never afterward. If the signature is made before notarization (meaning the notary did not actually witness it), the notary must feel assured that the signature is truly that of the person who is present to acknowledge it. This can be accomplished by comparing the signature to the individual’s government-issued photo identification or, if necessary, by having the person sign a blank sheet of paper so the two signatures can be compared. If the person signs the document in the notary’s presence, then of course the notary can be assured that the signature belongs to that person.

Jurat (Also Called A Verification)

This is another signature notarial act that is frequently performed by America’s notaries.

When a document requires a jurat/verification notarial act, it typically contains information, statements or facts that the named document signer is obliged to swear or affirm are truthful. So, typical document types that require a jurat or verification notarial act are affidavits, applications, and any other document type that requires the signer to state certain facts or provide certain information.

Note how documents requiring a jurat/verification notarial act differ from a document requiring an acknowledgment. For an acknowledgment, the named signer acknowledges signing the document of their own free will, for the purposes stated in the document. For a jurat/verification, the named signer swears or affirms that the document’s contents are true.

When performing a jurat/verification notarial act, the notary will take the named signer’s sworn oath, or their affirmation, that the contents of the document are true.

While the effect of an oath or affirmation is the same, the two differ in one important respect. Persons taking an oath invoke God, by swearing to God that the contents of the document are true. Persons who do not wish not to invoke God may simply affirm that a document’s contents are true.

As with an acknowledgment, a jurat/verification notarial act requires the officiating notary to ask the individual whose signature is being notarized a question, something like: “Do you solemnly swear that this document’s contents are true, so help you God?” Or if preferred, “Do you affirm that this document’s contents are true?”

The person will reply “yes,” “I do” or similar. If the person cannot vocalize for some reason, they may nod or otherwise indicate the document’s contents are true.

Without this verbal or nonverbal exchange between the notary and the present individual, the jurat/verification notarial act is not complete.

Key fact: Signatures on a document requiring a jurat/verification may only be made while in the officiating notary public’s presence… never before, and of course never afterward. This means that as long as the notary personally knows or has identified the present individual as the same person whose signature on the document requires notarization, the notary can be assured that the signature on the document is indeed authentic. After all, the notary personally witnessed the document signing during performance of the notarial act.

Summary

Having these different types of signature notarial acts clearly matters… it enables people to rely on different types of written documents, serving different purposes, to manage the important affairs of their daily lives. Whether a person needs to acknowledge signing a document for its stated purposes, or needs to swear or affirm that a document’s contents are true, the real glue holding it all together is a notary public who competently performs the formalities of each required signature notarial act.


Related Article(s)

How to Complete a Notarial Certificate

Can I Notarize a Document That Is Already Signed?

What to Do When the Notary Certificate Is Missing?

What Should I Do When There's No Room for My Notary Stamp?

Does a Notary Need to See the Entire Document When Notarizing?

Can a Notary Perform a Single Verbal Ceremony for Multiple Notarizations?

The Difference Between Acknowledgments and Jurats

Can a Notary Change a Document’s Date?

Category: Notary Blog