What Is an Acknowledgment vs a Jurat? Key Differences Explained
If you have ever had a document notarized, you have likely encountered the terms “acknowledgment” and “jurat.” These are the two most common types of notarial acts, and while they might look similar to the casual observer, they serve different legal purposes and involve different procedures. Choosing the wrong one can invalidate a document, so understanding the distinction matters.
What Is an Acknowledgment?
An acknowledgment is a notarial act where the signer appears before the notary and acknowledges that they signed the document voluntarily and that the signature on the document is theirs. The key purpose of an acknowledgment is to verify the identity of the signer and confirm that the signing was their free act.
With an acknowledgment, the signer does not necessarily have to sign the document in front of the notary. They can sign it beforehand and then appear before the notary to acknowledge that the signature is theirs. This is a significant practical difference from a jurat.
The notary’s role in an acknowledgment is to verify the signer’s identity using acceptable identification, confirm that the signer acknowledges the signature as their own, and complete and attach the acknowledgment certificate with the proper legal language.
When Is an Acknowledgment Used?
Acknowledgments are the most common type of notarial act and are used for a wide variety of documents. These include deeds and real estate transfer documents, mortgages and deeds of trust, powers of attorney, contracts and agreements, trust documents, and corporate resolutions.
The common thread is that these documents involve the signer making commitments or transferring rights, and the notarization serves to verify the signer’s identity and willingness to sign.
Typical Acknowledgment Certificate Language
The exact wording varies by state, but a standard acknowledgment certificate looks something like this:
State of ________ County of ________
On this ___ day of _______, 20, before me personally appeared __________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
What Is a Jurat?
A jurat is a notarial act where the signer swears or affirms under oath that the contents of the document are true and then signs the document in the presence of the notary. The key purpose of a jurat is not just to verify identity but to place the signer under oath, making them subject to penalties for perjury if the document contains false statements.
With a jurat, the signer must sign the document in front of the notary. Unlike an acknowledgment, where pre-signing is acceptable, a jurat requires the notary to witness the actual act of signing. The notary also administers an oath or affirmation before the signing.
The notary’s role in a jurat is to administer an oath or affirmation (asking the signer to swear or affirm the truthfulness of the document), witness the signer sign the document, verify the signer’s identity, and complete and attach the jurat certificate.
When Is a Jurat Used?
Jurats are used when the document contains statements of fact that the signer is attesting to under oath. Common examples include affidavits, sworn statements and depositions, financial statements under oath, applications that require sworn truthfulness, court filings that require verification, and insurance claims.
The key distinction is that a jurat is appropriate when the truthfulness of the document’s contents is the central concern, not just the authenticity of the signature.
Typical Jurat Certificate Language
A standard jurat certificate typically reads:
State of ________ County of ________
Subscribed and sworn to (or affirmed) before me on this ___ day of _______, 20, by __________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Key Differences at a Glance
Signing timing. For an acknowledgment, the document can be signed before appearing before the notary. For a jurat, the document must be signed in the notary’s presence.
Oath requirement. An acknowledgment does not involve an oath. A jurat requires the notary to administer an oath or affirmation.
What is being verified. An acknowledgment verifies that the signer’s identity is genuine and the signing was voluntary. A jurat verifies identity and additionally places the signer under oath regarding the truthfulness of the document’s contents.
Perjury implications. Signing a jurat carries the legal weight of sworn testimony. If the document contains false statements, the signer can be prosecuted for perjury. An acknowledgment does not carry this same implication.
Document focus. Acknowledgments focus on the signature — was it made willingly by the identified person? Jurats focus on the content — is the signer willing to swear that the contents are true?
How to Know Which One You Need
In most cases, the document itself will indicate which type of notarization is required. Look for a notarial certificate at the end of the document. If it includes language about the signer “acknowledging” the document, you need an acknowledgment. If it includes “subscribed and sworn” or “affirmed” language, you need a jurat.
If the document does not specify, consider its purpose. If the document is a contract, agreement, or transfer of rights, an acknowledgment is typically appropriate. If the document is a sworn statement, affidavit, or declaration of facts, a jurat is typically needed.
When in doubt, do not guess. The person or entity requesting the document (a court, bank, government agency, or attorney) can tell you which type of notarization they require. Using the wrong type can result in the document being rejected.
Can a Notary Choose Which Type to Use?
No. A notary cannot decide to use an acknowledgment when a jurat is required, or vice versa. The type of notarial act is determined by the document’s requirements and the instructions of the requesting party. If a document calls for a jurat, the notary must administer an oath and witness the signing. If it calls for an acknowledgment, the notary follows the acknowledgment procedure.
If a document arrives without any notarial certificate language, the notary can attach a loose certificate of the appropriate type. However, the notary should not make the determination about which type is needed — that is a legal decision that should be made by the document’s drafter or the requesting party.
Other Types of Notarial Acts
While acknowledgments and jurats are the most common, notaries may also perform other acts depending on their state’s laws. These include copy certifications, where the notary certifies that a copy of a document is a true and accurate reproduction of the original. Oaths and affirmations, administered without a related document, are another common notarial act. Some states also authorize notaries to witness signatures, take depositions, or perform protest of negotiable instruments.
For help with any type of notarization, find a notary near you on FindNotary.io. A qualified notary will know exactly which type of notarial act your document requires and will ensure it is performed correctly.
Need an acknowledgment or jurat performed? Find a notary experienced with legal document notarization in your area, or search by city to connect with a qualified notary near you.
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