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Principles of Notarization: Chapter 2: Notarization Defined

 






"Above all, notarization is the assurance by a duly appointed and impartial Notary Public that a document is authentic, that its signature is genuine, and that its signer acted without duress or intimidation, and intended the terms of the document to be in full force and effect."

Broadly speaking, notarization is the authentication of a document as genuine or the verification that a statement was made under oath. The person who makes this authentication or verification is a public official, the Notay Public. Notarization provides assurance that the particular document is authentic and intended to be in force. For documents to be recorded in the public record (by a county recorder, for example), notarization is usually a requirement.

There are certain results that no notary act ever accomplishes:
  • Notarization does not guarantee the truth or accuracy of statements in a document. The Notary Public has no obligation to verify a document's contents.
  • Notarization does not legalize or validate a document. If a will or other legal document is flawed before it is notarized, it will still be flawed afterward. In fact, notarization is just a ministerial act that verifies the identity of the person signing the document. It does not establish the legal sufficiency of the document itself.

Common Notary Acts:

Acknowledgments - An acknowledgment confirms the identity of the signer who acknowledges that they have signed the record. An acknowledgment does not require that a record be signed in the Notary's presence. An acknowledgment provides assurance that a signer is not an impostor trying to benefit from a phony document.

In executing an acknowledgment, a notary guarantees that the signer:

  • personally appeared before the Notay
  • was positively identified using personal knowledge or satisfactory evidence

The acknowledgement notarization is not part of the document and it does not affect its validity. Typically, they are executed on deeds and other documents that will be publicly recorded by a country official.

In executing an acknowledgment, the notary carefully identifies a document signer, who acknowledges having signed.

Acknowledgment has multiple meanings, including:
  • The act of acknowledging someone or something 
  • Recognition or favorable notice of an achievement or act 
  • A thing given or done in recognition of something received 
  • A declaration or avowal of a factor in one's act to give it legal validity 
  • An email reply that lets the sender know the email was received 
An expression of gratitude for assistance in creating an original work in the creative arts and scientific literature
Here are some ways to acknowledge someone: Give them a compliment, thank them, let them speak and show you're listening, show you've picked up on how they feel, and tell them you understand their position. 
In writing, here are some tips for acknowledgments: 
  1. Write in first-person, professional language
  2. Thank your professional contacts first
  3. Include full names, titles, and roles of professional acknowledgments
  4. Include personal or intangible supporters, like friends, family, or even pets
  5. Mention funding bodies and what they funded
The preferred usage of "acknowledgment" or "acknowledgment" depends on geographical location. "Acknowledgment" is more common in American English, while "acknowledgment" is favored by British English.
✔ Notaries cannot:
  • Notarize a document without witnessing a signature.
  • Make a true copy statement.
  • Make a certification statement regarding a person, business, or document. Examples: Stating a person is alive. Starting a business is incorporated under the laws of a particular state. State the qualifications of a person.
  • Cannot include the term Notario Publico/ Notaria Publica in their notarization or be referred to as Notario Publico/ Notaria Publica within the document.
  • Be stated at the beginning of the document and state the whole document.
  • Witness the signature of a family member.
  • Notarize a document in which the notary has a financial interest.
  • Cannot charge over $10.00 for their notarization. They may charge extra for travel, but this must be agreed upon before the notarization.
  • Notary cannot charge a fee to make a correction to their notarization.
  • If using Electronic or Remote notarization, the notary cannot charge a travel or convenience fee.
  • Notary elements, either written, stamped, or embossed cannot make any portion of the document illegible.
  • Cannot notary stamp or notary emboss pages show a page belongs within the document? Every stamp or embossing is considered a notarization and requires witnessing a signature and having all the elements of a proper notarization.
Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court. It is a certification on an affidavit declaring when, where, and before whom it was sworn. However, jurat notarizations do not prove a document is true, legal, valid, or enforceable. 
In executing a jurat, a Notary guarantees that the signer: 
  •  personally appeared before the Notary 
  •  was positively identified using personal knowledge or satisfactory evidence 
  •  was given an oath or affirmation by the Notary attesting to the truthfulness of the document and 
  •  signed the document in the Notary's presence as the Notary is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury 
When administering oaths, parties should raise their right hands. The left hand may be used in cases of disability. Following the oath, the signer must answer affirmatively i.e.: I do or Yes. 
If no other wording is prescribed, a Notary may use the following or similar language for an affidavit or deposition: 
  •  Do you solemnly swear that the information outlined in this document is accurate and true to the best of your knowledge and belief? 
  •  Do you solemnly, sincerely, and truly declare and affirm that the statements made by you in this document are true and correct? 
✔Notaries cannot: 
  • Notarize a document without witnessing a signature. 
  • Make a true copy statement. 
  • Make a certification statement regarding a person, business, or document. Examples: Stating a person is alive. Starting a business is incorporated under the laws of a particular state. State the qualifications of a person. 
  • The same document they notarize. 
  • Cannot include the term Notario Publico/ Notaria Publica in their notarization or be referred to as Notario Publico/ Notaria Publica within the document. 
  • Be stated in the beginning of the document and state the whole document. 
  • Witness the signature of a family member. 
  • Notarize a document in which the notary has a financial interest in. 
  • Cannot charge over $10.00 for their notarization. They may charge extra for travel, but this must be agreed upon before the notarization.
  • Notary cannot charge a fee to make a correction to their notarization.
  • If using Electronic or Remote notarization, notary cannot charge a travel or convenience fee.
  • Notary elements, either written, stamped, or embossed cannot make any portion of the document illegible.
  • Cannot notary stamp or notary emboss pages to show a page belongs within the document. Every stamp or embossing is considered a notarization and requires witnessing a signature and having all the elements of a proper notarization. 


Here are some things to know about jurats:
Purpose
A jurat is required for transactions where the signer must attest to the document's contents, such as court affidavits and pleadings. 
Notary's role
  • The notary guarantees that the signer:
  • Personally appeared before them 
  • Was positively identified 
  • Was given an oath or affirmation 
  • Signed the document in the notary's presence 
Certificate
The jurat certificate states when, where, and before whom the oath or affirmation was made. It's not part of the affidavit or deposition itself. 
Oath or affirmation
The signer must respond out loud to the oath or affirmation. Silent answers are not acceptable. 
Retroactive jurats
A jurat cannot be done retroactively if the signature was made before the signer appeared before the notary. 
Jurat vs. acknowledgment
A jurat certificate cannot be used for an acknowledgment or vice versa. The main difference between a jurat and an acknowledgment is that a jurat requires the signer to swear to the accuracy of the document's contents, while an acknowledgment only verifies the signer's identity and that they signed the document voluntarily: 
Jurat
The signer swears to the truthfulness of the document's contents by taking an oath or affirmation. The notary records the date and place where the signer took the oath or affirmation on the jurat stamp. 
Acknowledgment
The signer declares to the notary that they signed the document voluntarily. The notary records the date and place where the document was signed on the acknowledgment stamp. 
Both jurats and acknowledgments are common notarizations that can be used for legal proceedings like loan applications, real estate transactions, and contract negotiations. 
Notaries should check their state's laws and regulations for more information. 
Chapter 3 -personal-appearance
 Disclosure: I am not licensed to practice law or give legal advice.
However, I can help you with a variety of notary services.


The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.


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