Understand the Difference Between Acknowledgments and Jurats
When it comes to notarizing documents, it's essential to understand the different types of notarial acts to ensure your documents are properly executed. Two of the most common notarial acts are Acknowledgments and Jurats. While they might seem similar, they serve different purposes and have distinct requirements. At Trusted Expert Notary, we want to help you understand these differences so you can confidently handle your notarization needs.
For more information on this, you can refer to the National Notary Association blog on this topic
What is an Acknowledgment?
An Acknowledgment is a notarial act where the signer of the document acknowledges that they have signed the document voluntarily. Deeds, contracts, and powers of attorney often use this type of notarial act.
Key Points About Acknowledgments:
Voluntary Signing: The signer must appear before the notary and declare they have willingly signed the document.
Identification: The notary verifies the identity of the signer using acceptable forms of identification, such as a driver's license or passport.
No Oath Required: Unlike a Jurat, an Acknowledgment does not require the signer to swear or affirm the truthfulness of the document's contents.
Signature: The document can be signed before or in the presence of the notary.
What is a Jurat?
A Jurat is a notarial act that involves the signer swearing or affirming that the contents of the document are true. Jurats are often used for affidavits, depositions, and sworn statements.
Key Points About Jurats:
Oath or Affirmation: The signer must take an oath or affirmation in front of the notary, declaring that the information in the document is true and correct.
Identification: Similar to an Acknowledgment, the notary must verify the identity of the signer.
Personal Appearance: The signer must appear in person before the notary.
Sign in Presence of Notary: The signer must sign the document in the presence of the notary.
Key Differences Between an Acknowledgment and a Jurat
1. Purpose:
Acknowledgment: Confirms the signer’s identity and their voluntary signing of the document.
Jurat: Confirms the truthfulness of the document’s contents through an oath or affirmation.
2. Oath/Affirmation:
Acknowledgment: No oath or affirmation is required.
Jurat: Requires the signer to swear or affirm the truthfulness of the document.
3. Timing of the Signature:
Acknowledgment: The document can be signed before meeting with the notary.
Jurat: The document must be signed in the notary's presence.
How to determine which Notarial Act to use
Determining to which notarial act to perform is usually straight forward, however, sometimes it may require a bit more digging.
Review the Document
1. Instructions within the Document:
Many documents specify the type of notarial act required. Look for sections that mention "acknowledged" or "subscribed and sworn."
2. Document Type:
Acknowledgment: Typically used for documents that require the signer to acknowledge their signature voluntarily.
Examples: Real estate deeds, powers of attorney, trusts, and contracts.
Jurat: Used for documents where the signer must swear to the truthfulness of the contents.
Examples: Affidavits, sworn statements, depositions, and applications.
Consult the Document Preparer
3. Ask the Preparer:
If the document was prepared by a lawyer or another professional, they should indicate which type of notarization is needed.
Understand Legal Requirements
4. Legal Requirements:
Certain documents are legally required to have a specific type of notarization. For instance, affidavits typically require a Jurat because they need the signer to swear to the truthfulness of the statements.
Purpose of the Document
5. Nature of the Document:
Acknowledgment: The focus is on the voluntary signing and the identity of the signer. This is essential for documents related to ownership or authority, such as deeds and powers of attorney.
Jurat: The focus is on the truthfulness of the content, requiring the signer to swear or affirm the statements within the document are true. This is crucial for legal proceedings, affidavits, and any documents requiring sworn testimony.
Consult with an attorney
6. Ask an attorney or other legal professional:
A legal professional can provide guidance based on their experience and knowledge of state laws and requirements.
Important Note
As a notary, I cannot offer legal advice. Therefore, I cannot advise you on which notarial act is best for your specific situation. If, after reading this description, you are still unsure which type of notarization you need, the best course of action is to contact the document preparer or a legal professional for guidance.
Conclusion
Knowing the difference between an Acknowledgment and a Jurat helps ensure that your documents are notarized correctly and in compliance with legal requirements. At Trusted Expert Notary, we are committed to providing professional, fast, and thorough notary services. Whether you need an Acknowledgment, a Jurat, or any other notarial act, we are here to assist you 24/7 in Las Vegas and surrounding communities.
Contact Trusted Expert Notary today to learn more about our services or to schedule an appointment. Let us handle your notarization needs with the expertise and care you deserve.