A Jurat vs. An Acknowledgment
When notarizing documents like deeds, titles, wills, trust, and other documents that may require a notary, there are two things that will pop up every time: Jurat and Acknowledgment.
So here is a breakdown of what these two are, how to differentiate, and when and how a notary public should use them.
What is a jurat?
For exchanges where the signatory must affirm to the subject matter of the file, such as all witness statements and court petitions, jurat notarizations are required.
Therefore, a jurat is an affidavit certification that states when, where, and before whom it was sworn. A notary assurances that the signer personally showed up before the notary, received an oath or affirmation from the notary attesting to the article’s authenticity, and signed the document in the notary’s presence when executing a jurat.
It is critical that the notary correctly identify a signatory for a jurat because the notary ensures that the signer confirms the accuracy of the document contents under penalty of perjury. On the contrary, jurat notarizations do not imply that a file is accurate, legitimate, valid, or compulsory.
Here is an example of a Jurat:
Subscribed and sworn to by _________________ before me on the _________________ day of _________________ , _______.
Signature______________________________________________
Printed name___________________________________________
Notary public, State of California, County of _________________
My commission expires___________________________________
What is an acknowledgment?
An acknowledgment simply confirms the document signer’s identity and verification that they agreed to sign the document. Suppose the file was signed outside of the notary’s presence. In that case, the document signatory must personally show up before the notary to verify that it is their signature before the document can be notarized. There are no exceptions to the notary’s demand for physical attendance.
The notarization of the acknowledgment is not part of the contract and has no bearing on its authenticity. They are usually carried out on deeds and other files that will be recorded publicly by a county authority.
Here is an example of an acknowledgment:
Acknowledged by _________________ before me on the _________________ day of _________________ , _________
Signature______________________________________________
Printed name___________________________________________
Notary public, State of California, County of _________________
My commission expires___________________________________
Main differences
● The main difference between the two is in the wordings used in each declaration. An acknowledgment uses the words ‘acknowledged by’ and jurats have ‘subscribed and sworn to.’
● The second difference is the signing times. For a jurat, its signing must be in front of a notary. On the other hand, an acknowledgment only entails the signatory attesting that the said signature is theirs. This might have happened in the presence or absence of the notary public. However, the signatory must appear physically in front of the notary to ascertain that that signature is theirs. Then and only then can the notary public go ahead and notarize the document with a seal.
● Thirdly, a jurat is part of the contract while the acknowledgment is not.
Jurats are typically used in conjunction with depositions and affidavits in legal proceedings. In both cases, the person signing the document certifies that they will stand by the truth of their statement.
If you have any questions about a jurat or an acknowledgment, please do not hesitate to contact us at [email protected] and we will gladly assist you in any way we can.
Thank you!
A Great Notary LLC
