The Difference Between an Acknowledgment and a Proof
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Created: Tuesday, 05 January 2016
Every commissioned notary in the United States is authorized to perform an acknowledgment. Some, but not others, are additionally allowed to take proofs. So what are the actual differences between these two, very similar, duties?
Acknowledgment
An acknowledgment is a declaration made by a notary public that the document in question was voluntarily completed by the signer. The contents of the document are not as important as in an affirmation (where the signing of the document is a testament to the truthfulness of its contents).
The taking of an acknowledgment involves an understanding of the document and a commitment to fulfill the contents/agreements of the document. Most acknowledgments are performed on documents such as deeds, contracts, and power of attorney forms, where the signer is agreeing to the particular terms laid out.
Proofs
Sometimes, a notary public is unable to be present for the signing of a document. The most common example of this is when the signer has passed away before being able to sign the document in the presence of a notary public. In this instance, a proof may be performed.
The procedure for taking a proof involves a subscribing witness. A subscribing witness can be anyone who is capable of attesting to the identity of the signer, who witnessed the signing and signed the document themselves at that time. A proof is often just an affidavit in which the subscribing witness gives a sworn statement about the details of the original signing.
States allowing notaries to take proofs:
Alabama, Arizona, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and Virginia.
Every commissioned notary in the United States is authorized to perform an acknowledgment. Some, but not others, are additionally allowed to take proofs. So what are the actual differences between these two, very similar, duties?