Other document transactions require that the signer swear an oath or affirm to a notary, under penalty of perjury, that the contents of a document are true. The signer will reply “Yes.” The notary will then complete the notarial act by filling out his/her notarial certificate, then signing and sealing the certificate. “Do you acknowledge or declare that you understand this document and have signed it voluntarily for the purposes stated in it?” Having ensured that all the required elements for lawful notarization are present (see bullets below), the notary will verbally ask the signer the following or similar: If the document presented to the notary is unsigned, the notary should have the signer sign the document prior to administering the verbal ceremony (see below).
The document was signed willingly (no coercion)ĭocuments typically requiring an acknowledgment are contracts, deeds, agreements, powers of attorney, etc. These documents contain terms to which the signer is agreeing.ĭocuments requiring acknowledgment can be signed earlier than or at the time of notarization. Either way, the signature must clearly be an original one, stroked directly onto the paper with “wet” ink (ballpoint, rollerball, etc.).The signer understands the contents and purpose of the document.Some document transactions require that the signer make a formal declaration before a notary, thereby “acknowledging” execution (signing) of the document. Specifically, the signer verbally acknowledges that:
Following are descriptions of the most common notarial duties. While ALL states allow their notaries to perform oaths/affirmations and acknowledgments, whether or not a notary may perform any other duties varies by state, depending on each state’s unique notary laws. Notaries are expected to know and honor what their state laws allow them to do. Go to " Notary Information by State" on this website, select your state, and review “Authorized Duties.”
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