In order to notarize a document the document has to include the correct notarial wording. When a notary is asked to notarize a document without the correct wording then often times a loose leaf certificate is attached. The signer, not the notary, must choose which type of loose leaf certificate to attach, an acknowledgment or a jurat.
According to the 2008 CA Notary Handbook the acknowledgment is the form most completed by the notary and includes the following:
The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In the certificate of acknowledgment, the notary public certifies:
The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In the certificate of acknowledgment, the notary public certifies:
- That the signer personally appeared before the notary public on the date indicated in the county indicated.
- To the identity of the signer.
- That the signer acknowledged executing the document.
The jurat is the second most popular form and must contain:
- That the signer personally appeared before the notary public on the date indicated and in the county indicated.
- That the signer signed the document in the presence of the notary public.
- That the notary public administered the oath or affirmation.
- To the identity of the signer.
If a signer is confused as to which form to use I just explain to them the difference between the two forms and then let them make the choice. Unless the drafter of the document has any specific stipulations it does not matter which form you use as they are both notarizations.
1 comments:
Thank you for clarifying these differences! I've just become a California Notary Public and even though I already knew the difference between an Acknowledgment and a Jurat,I was confused on when to use one or the other. Once again, thank you!
Post a Comment