Notarization is often viewed as a simple matter of getting a rubber stamp on a document. In reality, notaries serve as an essential frontline defense against fraud, identity theft, and coercion.
Different legal and financial situations call for different notarial acts. Choosing the wrong type can cause delays, rejected filings, or invalidated contracts. Here is a breakdown of the primary types of notarization, how they differ, and what each requires from both the signer and the notary public.
1. Acknowledgments
An acknowledgment is the most common notarial act. Its primary purpose is to verify the signer’s identity and confirm that they signed the document voluntarily, understanding the terms they agreed to.
- Typical Documents: Real estate deeds, mortgages, powers of attorney, trusts, and business contracts.
- When It’s Signed: The document can be signed before meeting the notary or in the notary’s physical presence.
Requirements
- For the Signer:
- Must appear in person (or via legally compliant Remote Online Notarization) before the notary.
- Must present valid government-issued photo identification.
- Must verbally acknowledge that the signature on the document is theirs and was made willingly.
- For the Notary:
- Verify the signer’s identity using satisfactory evidence.
- Assess the signer’s competence, comprehension, and freedom from duress.
- Complete, sign, and seal the formal acknowledgment certificate.
2. Jurats (Verification upon Oath or Affirmation)
A jurat—also known as a verification upon oath or affirmation—serves a fundamentally different purpose than an acknowledgment. Instead of just proving who signed the document, a jurat compels the signer to swear or affirm that the contents of the document are true under penalty of perjury.
- Typical Documents: Affidavits, depositions, court pleadings, loan applications, and sworn declarations.
- When It’s Signed: The document must be signed in the physical presence of the notary. Pre-signed documents cannot receive a jurat without being re-signed.
Requirements
- For the Signer:
- Must appear in person with valid identification.
- Must take a formal, verbal oath or affirmation administered by the notary.
- Must sign the document in front of the notary after the oath is given.
- For the Notary:
- Administer an oral oath or affirmation aloud (e.g., "Do you solemnly swear/affirm under penalty of perjury that the statements in this document are true and correct?").
- Receive an audible, unambiguous "I do" or "Yes."
- Witness the actual signing of the document.
- Complete, sign, and seal the jurat certificate.
3. Oaths and Affirmations
While oaths and affirmations are the verbal core of a jurat, they can also function as standalone notarial acts when an individual needs to be sworn into an office or provide verbal testimony.
- Oath: A solemn pledge invoking a deity or Supreme Being.
- Affirmation: A solemn pledge made on one’s personal honor and conscience, designed for individuals with religious or ethical objections to swearing to a deity.
Both carry the exact same legal weight and the same consequences for perjury.
Requirements
- For the Signer / Deponent: Must appear, listen to the pledge, and give a clear verbal assent.
- For the Notary: Formulate the appropriate wording, state the question clearly, and ensure the participant understands the legal gravity of their commitment.
4. Signature Witnessing
Signature witnessing is a straightforward act where the notary certifies that they personally watched a specific person sign a document. Unlike a jurat, no oath or affirmation is administered; unlike an acknowledgment, the signature cannot be pre-executed.
- Typical Documents: Simple contracts, administrative forms, and non-sworn financial agreements.
- When It’s Signed: Must be signed directly in the notary’s presence.
Requirements
- For the Signer: Present valid ID and sign the document while the notary watches.
- For the Notary: Positively identify the signer, watch the physical signing, and complete the witnessing certificate.
5. Copy Certifications (Attestations)
In a copy certification, the notary verifies that a reproduction (photocopy) of a document is a true, accurate, and complete copy of the original.
(Note: In most U.S. states, notaries are strictly prohibited from certifying copies of vital records—such as birth, death, or marriage certificates—or publicly recordable documents, which must be obtained directly from the issuing government agency.)
- Typical Documents: Diplomas, passports, leases, utility bills for proof of residency, and driver’s licenses.
Requirements
- For the Document Custodian: Present the original, unaltered document to the notary.
- For the Notary: Inspect the original document, make (or supervise the making of) the copy, compare the copy against the original to ensure 100% accuracy, and attach a copy certification certificate.
A Golden Rule for Signers and Notaries
A notary public cannot choose the type of notarial act for you unless they are also a licensed attorney. Doing so constitutes the unauthorized practice of law.
If your document does not include pre-printed notarial wording (such as a jurat or acknowledgment block), contact the document issuer, receiving agency, or an attorney beforehand to ask which notarial act they require.