Explaining Notarial Acts: Acknowledgment vs. Jurat
In the world of notarization, two terms frequently surface: "acknowledgment" and "jurat." While they might sound like legal jargon, these terms are essential to understanding the nuances of notarial acts. In this blog post, we'll delve into the key differences between an acknowledgment and a jurat, shedding light on their distinct purposes in the realm of document authentication.
Acknowledgment: Recognizing Signatures
What is an Acknowledgment? An acknowledgment is a notarial act wherein a notary public verifies the identity of a signer and confirms that they willingly and knowingly executed a document. This act does not involve administering oaths or affirmations.
When is an Acknowledgment Used? An acknowledgment is commonly used for documents that involve a signature, such as contracts, deeds, powers of attorney, and affidavits. When a notary acknowledges a signature, they are essentially certifying that the signature on the document is genuine and belongs to the individual who purportedly signed it.
The Process:
The signer presents the document to the notary.
The notary verifies the signer's identity using acceptable identification documents.
The notary confirms that the signer is signing willingly and knowingly, without any coercion.
The notary then signs and stamps the document, attaching their official notary seal.
Jurat: Affirming Truth
What is a Jurat? A jurat is a notarial act that involves the administration of an oath or affirmation. This act certifies that the contents of a document are true to the best knowledge and belief of the individual signing it.
When is a Jurat Used? Jurat is typically used for affidavits, affidavits of ownership, and sworn statements. These documents require the affiant (the person making the statement) to swear an oath or affirm the truthfulness of the statement under penalty of perjury.
The Process:
The affiant presents the document to the notary.
The notary administers an oath or affirmation, asking the affiant to solemnly swear or affirm that the contents of the document are true.
The affiant signs the document in the presence of the notary.
The notary signs and stamps the document, adding their official seal.
Key Differences:
Purpose: An acknowledgment verifies the signature's authenticity, while a jurat affirms the truthfulness of the document's contents.
Oath/Affirmation: Acknowledgment does not involve administering an oath or affirmation, whereas a jurat specifically requires this step.
Signer's Role: In an acknowledgment, the signer acknowledges their signature's authenticity. In a jurat, the affiant swears or affirms the truthfulness of the document.
In summary, understanding the difference between an acknowledgment and a jurat is pivotal when dealing with notarial acts. An acknowledgment confirms the signature's validity, while a jurat affirms the document's truthfulness under oath or affirmation. Knowing when to use each act ensures that your documents are properly authenticated, legally sound, and adhere to the highest standards of notarial practice.
