A Beginner's Guide to Notarial Acts: What Every New Notary Should Know
As a notary, understanding the different types of notarial acts is essential to performing your duties correctly and confidently. Notarial acts are the core services that notaries provide to help prevent fraud and verify the authenticity of documents. Each act serves a different legal purpose, and knowing when and how to perform them is key to your role. Here’s a breakdown of the most common notarial acts you will encounter.
1. Acknowledgments
An acknowledgment is one of the most common notarial acts. It involves confirming that the person signing a document did so willingly and voluntarily. The signer must appear before you, the notary, but they do not have to sign the document in your presence. Instead, they acknowledge that they signed it and did so of their own free will.
When It’s Used:
- Real estate documents (e.g., deeds, mortgages)
- Power of attorney forms
Key Responsibilities:
- Verify the signer’s identity.
- Confirm that the signer understands the document and signed it willingly.
2. Jurats
A jurat requires the signer to swear or affirm that the information in a document is true. Unlike an acknowledgment, the signer must sign the document in your presence, and you must administer an oath or affirmation. This act is typically used for legal documents where truthfulness is critical.
When It’s Used:
- Affidavits
- Sworn statements
- Depositions
Key Responsibilities:
- Witness the signer signing the document.
- Administer an oath or affirmation that the document’s contents are true.
3. Oaths and Affirmations
An oath or affirmation is a solemn promise that the person will tell the truth. While oaths involve swearing to a higher power, affirmations are a non-religious equivalent where the person simply affirms the truthfulness of their statements.
When It’s Used:
- Testimonies (e.g., in legal proceedings)
- Depositions
- When signing documents under penalty of perjury
Key Responsibilities:
- Administer the oath or affirmation.
- Ensure the person understands the significance of the oath or affirmation.
4. Copy Certifications
A copy certification involves verifying that a copy of an original document is true, accurate, and complete. The notary reviews the original document and confirms that the copy matches it exactly. However, not all states allow notaries to certify copies of all documents (e.g., vital records such as birth certificates may not be certified by a notary in some jurisdictions).
When It’s Used:
- Verifying copies of documents like diplomas, transcripts, or contracts.
- Personal records (e.g., passports or driver’s licenses in some states)
Key Responsibilities:
- Compare the original document with the copy.
- Certify that the copy is accurate.
5. Signature Witnessing
In a signature witnessing, the notary witnesses the signing of a document and verifies the identity of the signer. Unlike an acknowledgment, the document must be signed in the notary's presence.
When It’s Used:
- Legal agreements
- Contracts
Key Responsibilities:
- Verify the signer’s identity.
- Witness the actual signing of the document.
6. Protests
A protest is a less common notarial act, typically used in the financial world. A protest involves the notary certifying that a financial instrument, such as a check or promissory note, has been dishonored or refused for payment.
When It’s Used:
- Unpaid or dishonored financial instruments (e.g., checks, promissory notes)
Key Responsibilities:
- Certify the dishonor of the financial document.
- Provide official documentation for the refusal of payment.
Conclusion
As a notary, your primary role is to perform notarial acts that ensure the authenticity and legality of important documents. Whether you’re handling acknowledgments, jurats, or administering oaths, understanding these core duties will help you serve your clients confidently and professionally. By mastering these notarial acts, you’re contributing to the integrity of the legal and business processes that rely on accurate and fraud-free documentation.