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Two kinds of notarization, and how to tell which you need
Almost every document you’ll ever get notarized needs one of two things: an acknowledgment or a jurat. Most people have never heard either word. Here’s the difference in ordinary language.
The short version: An acknowledgment means “yes, that’s my signature.” A jurat means “I swear this is true.”
Acknowledgment
You’re confirming to me that the signature on the document is yours and that you signed it on purpose. I’m not being told anything about whether the contents are true, only that you meant to sign.
Typical documents: powers of attorney, deeds, vehicle titles, bills of sale, lien releases, contracts, anything headed to a county clerk.
How to spot it: the certificate says something close to “acknowledged before me.”
What happens: I verify your ID, you confirm the signature is yours, I complete the certificate and seal it.
Jurat
You’re swearing under oath that what the document says is true. This one is more serious. You’re taking legal responsibility for the contents, and lying under oath is a crime.
Typical documents: affidavits, sworn statements, declarations, court filings, some insurance and benefits forms.
How to spot it: the certificate says something close to “subscribed and sworn to before me.”
What happens: I verify your ID, I administer a short spoken oath, you sign in front of me, then I complete the certificate and seal it.
Important, and it trips people up constantly: a jurat certifies that you swore to the contents and subscribed the document before me, so the settled practice is that you sign it in my presence. If you have already signed, the signature usually has to be struck through and redone, or the page reprinted, and some courts and agencies will not accept a struck-through signature at all. When in doubt, leave it unsigned. That works for both types.
What if I don’t know which one my document needs?
Look at the bottom of the page for a printed block with blank lines for a notary’s signature and seal. Read the first line of it. That block is what tells us both which act to perform, and I will read the wording that is already there with you when I arrive. What I cannot do is pick one for you, or tell you which one your situation calls for.
If your document has no notary block at all, that’s a question for whoever gave you the form. Choosing one for you would be a legal judgment call, and the wrong certificate can change the effect of your document, so that decision stays with you and the party receiving it. Send me a photo before we book and I’ll tell you in a minute whether the block is there.
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