How to Decide Which Notarial Act to Use
Alexander Leon
Last updated September 20, 2024
As a notary, choosing the correct notarial act depends on the document being presented and its legal requirements. Your role is to perform the right act based on what the signer or the document requires. Here’s a guide on how to decide which notarial act to use:
1. Acknowledgments
When to Use:
- Use an acknowledgment when the signer needs to confirm that they signed a document willingly, but they do not have to sign it in your presence.
Common Documents:
- Real estate documents (deeds, mortgages)
- Powers of attorney
- Contracts
Key Question to Ask:
- Did the person willingly sign the document and are they acknowledging it as their signature?
If yes, you perform an acknowledgment.
2. Jurats
When to Use:
- Use a jurat when the document contains statements that need to be sworn or affirmed as true. The signer must sign the document in your presence, and you must administer an oath or affirmation.
Common Documents:
- Affidavits
- Sworn statements
- Legal complaints or petitions
Key Question to Ask:
- Is the signer swearing to the truthfulness of the document’s content under oath?
If yes, you perform a jurat.
3. Oaths or Affirmations
When to Use:
- Use an oath or affirmation when a person is required to verbally swear (or affirm) to the truthfulness of statements or actions. This act is generally separate from document signing and is often done in legal settings.
Common Scenarios:
- Testimony in court
- Depositions
- Witness statements
Key Question to Ask:
- Does the person need to verbally swear to the truth or affirm a statement?
If yes, administer an oath or affirmation.
4. Copy Certifications
When to Use:
- Use a copy certification when a client needs a verified copy of an original document. The notary compares the original to the copy and certifies that the copy is accurate.
Common Documents:
- Diplomas, transcripts
- Passports, driver’s licenses (in some jurisdictions)
- Contracts and personal records
Key Question to Ask:
- Does the client need a certified copy of an original document?
If yes, perform a copy certification.
5. Signature Witnessing
When to Use:
- Use signature witnessing when the document needs to be signed in your presence, and you verify the identity of the signer at that moment. Unlike acknowledgments, the signing must happen before you.
Common Documents:
- Legal agreements
- Contracts
- Simple business documents
Key Question to Ask:
- Does the document require the signature to be witnessed by a notary at the time of signing?
If yes, perform a signature witnessing.
6. Protests
When to Use:
- Use a protest when a financial document, such as a check or promissory note, has been dishonored (i.e., not paid or accepted). This is rare but important in certain financial transactions.
Common Documents:
- Unpaid checks
- Promissory notes
Key Question to Ask:
- Is there a financial instrument that has been dishonored, and does the person need an official protest issued?
If yes, perform a protest.
General Guidelines for Deciding:
- Ask the client what notarial act they need, as some documents specify the required act (like acknowledgments or jurats).
- Look at the document itself. Many legal forms will indicate whether an acknowledgment or a jurat is required.
- Know the purpose of the document. If it’s about verifying a signature, it’s likely an acknowledgment. If it’s about swearing to the truth of statements, it’s likely a jurat.
- Ask clarifying questions to ensure the right act is performed, such as "Did you already sign this?" or "Are you swearing that this document is true?"
By understanding the purpose of the document and asking the right questions, you'll be able to confidently decide which notarial act to perform.