Acknowledgment or Jurat?

It’s as easy as ‘Form A’ or ‘Form B’

It’s as easy as filling out “Form A” or “Form B”. Once you’ve completed your pre-notary checklist and ensured that you and your signers are ready to proceed, including identification verification, completed documents with no blanks, and willing signer, it’s time to complete a notary certificate. There are two commonly used notary certificates: (A) an “acknowledgement” and (B) a “jurat”. It’s that simple!

Which certificate, acknowledgment or jurat?

Which certificate should you choose, the acknowledgement or the jurat? The decision is not up to the notary, but rather the person who requests the notary services. As notaries, we cannot provide legal advice, which is reserved for attorneys. However, we can explain the difference between the two forms and allow the requester to choose the option that best suits them. If the notary verbiage is already provided, then the problem is solved. For documents that do not have notary verbiage, let’s explore the two primary notarial acts.

Notary ‘Acknowledgments’

The acknowledgement is the most commonly used form in notary services, and often, documents that require notarization will already have this verbiage printed on them. However, sometimes the verbiage provided may be incorrect according to California standards, or it may not be provided at all. In such cases, it is important to recognize the correct verbiage and fill it out accordingly.

The California Acknowledgment form can be found here: https://www.sos.ca.gov/notary/acknowledgments.

Purpose of the acknowledgment

The purpose of an acknowledgment is to confirm that a signer appeared before a notary and acknowledged their signature on a document. The notary fills out the acknowledgment certificate, affirming that the signer indeed signed the document.

It doesn’t matter when or where the signer signed the document, even if it was 15 years ago. The signer must provide a valid ID to confirm their identity and declare that they signed the document. After verifying the signer’s identity and affirmation, the notary proceeds with the acknowledgment. The notary fills out the acknowledgment certificate with current information, including the date the signer appeared before the notary, the county where the notarization took place, and other required details.

Documents that may request acknowledgments.

Deeds
Grant Deeds
Quitclaim Deeds
Deeds of Trusts
Trusts
Certifications of Trust
Declarations of Trusts
Assignments
Powers of Attorney
HIPAA Waivers
Advance Health Care Directives
Compliance Agreements

Notary ‘Jurats’

The Jurat is the second most common type of notary certificate. It is usually used for “sworn statements” or “affidavits.” As a notary, it is essential to become familiar with the proper jurat wording, which can be identified by the words “subscribed and sworn.” Jurats provided by other agencies may not comply with California’s standards and may be incorrect or incomplete, requiring the correct wording to be added.

You can find the California Jurat here: https://www.sos.ca.gov/notary/jurats

Purpose of the jurat

The Jurat certifies that someone has sworn an oath or affirmed the truthfulness of a statement before the notary. When the jurat is chosen as the notarial act, it is common for the document to already contain the jurat verbiage. In this case, the notary administers an oath or affirmation to the signer.

Requirements of the jurat

To complete a jurat notarization, the following steps must be taken: The signer swears or affirms the truthfulness and accuracy of the document before the notary. The signer signs the document in the presence of the notary. The notary must use the California jurat verbiage, as no other state’s wording is sufficient.

Affirmation: “Do you solemnly affirm that the statements in this document are true to the best of your knowledge and belief?”

Oath: “Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?”

Documents that may request jurats.

Affidavits
Sworn Statement
True and Accurate
Copy of Vital Records (Birth, Marriage, School, Etc)
Occupancy Affidavits
Name Affidavits
Affidavit of Death of
Joint Tenants
Affidavit of Death of Trustee
Declarations

Does the signer choose an acknowledgment or a Jurat?

If the signers only require a statement indicating that they have signed the document and nothing more, then the acknowledgement is most likely the appropriate choice. On the other hand, if the document indicates “swearing” or an affirmation of truthfulness, then a jurat may be necessary. It is important to remember that ultimately it is not the notary’s decision to make.

Your signer should choose which certificate, have them contact the receiving agency.

If the signers only need a statement indicating that they have signed the document and nothing more, then the acknowledgement is most likely the appropriate choice. However, if the document indicates “swearing” or an affirmation of truthfulness, then a jurat may be necessary. It’s important to keep in mind that the notary should not make the decision on behalf of the signer, but should rather explain the differences between the two types of notarial acts and allow the signer to make an informed decision.