As a notary, you can perform various notarial acts, each with unique requirements and procedures. Whether you’re a new notary or have been practicing for years, understanding the distinctions among these acts is essential for providing proper and efficient services to your clients. This guide explores the most common notarial acts and breaks down each requirement, from acknowledgments and jurats to copy certifications. By understanding these essentials, you can expand your services confidently and avoid any pitfalls along the way.
What are Common Notarial Acts?
Notarial acts are services a commissioned notary public is authorized to perform under state law. These acts validate signatures, administer oaths, and affirm facts that help verify documents. They protect parties involved in agreements or transactions by establishing that each party is who they claim to be and willingly participate. Let’s look at some of the most frequently requested notarial acts and what each requires.
1. Acknowledgments
What is an Acknowledgment?
An acknowledgment is a declaration made by an individual that they signed a document willingly and are competent to do so. Unlike other notarial acts, an acknowledgment doesn’t require the document to be signed in the notary’s presence; however, the signer must appear in person before the notary to confirm their identity and willingness to sign.
Requirements for an Acknowledgement:
- Physical Presence: The signer must be present before the notary to acknowledge they signed the document.
- Identification: The notary must verify the signer’s identity using a government-issued ID, such as a driver’s license or passport.
- Willingness to Sign: The notary must ensure the signer willingly executes the document.
- Notarial Certificate: The notary completes an acknowledgment certificate attached to the document, stating that the signer appeared and acknowledged the signature.
2. Jurats
What is a Jurat?
A jurat is a notarial act that verifies that the signer has signed the document in the notary’s presence and has taken an oath or affirmation regarding the truthfulness of the document’s contents. Jurats are commonly required in affidavits and depositions.
Requirements for a Jurat:
- Signer’s Presence and Signature: The document must be signed in the notary’s presence.
- Oath or Affirmation: The notary must administer an oath or affirmation to the signer, asking them to affirm the truth of the document’s content.
- Identity Verification: The notary verifies the signer’s identity, usually through a government-issued ID.
- Completion of a Notarial Certificate: The notary fills out a jurat certificate, indicating that the oath or affirmation was administered and the document signed in their presence.
3. Copy Certifications
What is a Copy Certification?
Copy certification is the process by which a notary certifies that a copy of a document is a true and accurate reproduction of the original. Not all states allow notaries to perform copy certifications, so checking your state’s guidelines is essential.
Requirements for a Copy Certification:
- Original Document: The original document must be present so that the notary can verify the copy’s accuracy.
- Notarial Certificate: The notary attaches a copy certification certificate to the copied document, certifying that it is a true copy of the original.
- Document Type: In some states, only certain documents (such as business or personal records) may be certified by a notary, while others, like vital records (birth or marriage certificates), are restricted to government offices.
4. Oaths and Affirmations
What is an Oath or Affirmation?
An oath or affirmation is a solemn promise made by an individual affirming the truthfulness of a statement or document. Oaths involve invoking a higher power, while affirmations are secular and based on personal honor. Notaries often administer these for affidavits or depositions.
Requirements for Administering Oaths and Affirmations
- Physical Presence: The individual must appear in person before the notary.
- Administering the Oath or Affirmation: The notary asks the individual to swear or affirm that the statement or document contents are trustworthy.
- No Signature Requirement: This act does not require a signature, though it may accompany other notarial acts that do.
- Notarial Record: While some states require a journal entry for each oath administered, it’s best practice for all notaries to keep detailed records.
5. Signature Witnessing
What is signature witnessing?
Signature witnessing is a notarial act in which the notary witnesses an individual signing a document and verifies their identity. Like a jurat, this act ensures the signer’s identity and willingness to sign, although it doesn’t require an oath or affirmation.
Requirements for Signature Witnessing:
- Signer’s Presence and Signature: The signer must sign the document in the notary’s presence.
- Identification Verification: The notary confirms the identity of the signer with an ID.
- No Oath Needed: Unlike a jurat, there is no need to administer an oath or affirmation.
- Completion of a Certificate: The notary completes a witness certificate stating that they observed the signing and verified the identity.
Tips for Notaries Performing Common Notarial Acts
Stay Up-to-Date with State Laws
Each state has different requirements for notarial acts, which can change over time. Notaries need to stay informed of any updates to laws governing their practice.
Verify Your Tools and Forms
Using the correct notarial certificates and seals is crucial for compliance. Notaries should ensure they have the proper forms for each type of act, as some states require specific wording.
Maintain a Notary Journal
While not all states require a journal, it’s best practice to keep a detailed record of every notarial act. A journal helps protect the notary in legal disputes and ensures proper documentation of each act.
Conclusion
Understanding the requirements for everyday notarial acts like acknowledgments, jurats, copy certifications, oaths, and signature witnessing is foundational to a successful notary practice. With the proper knowledge, you’ll be prepared to serve your clients confidently and accurately, ensuring that each notarization meets legal standards and client expectations. If you want to refine your skills or expand your services, CynaNotary provides resources and training to help you master these essential notarial acts and grow your notary business.
