A Notary acknowledgment form is a declaration that is conducted by a notary public official, to declare that an individual has signed the said declaration under law.
The official who oversees the declaration process, known as a notary public, is responsible for ensuring that the signee’s details are up to date with the acknowledgement form and that they are who they say they are. A notary acknowledgement form is usually accompanied by other legal documents which include testaments, last will, and power of attorney.
Jurat VS. Notary Acknowledgement
A notary acknowledgement is different from a jurat in the sense that it ensures that the person presented to sign the document is the one mandated to do it and has signed correctly. A jurat is an oath or swearing statement that is accompanied by a notary acknowledgement form. The notary public can also be asked to complete a jurat if the signee has declared an oath or an affirmation.
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What is a Notary Acknowledgement Form?
A notary acknowledgement form is a document that is signed in the presence of a notary public. It is usually handled by the notary public before signage and includes the following components:
- The statement of purpose is the actual part of the notary acknowledgement form that mentions the actual goal of the document.
- A notary public is a person who is supposed to sign the notary acknowledgement form. They must present their official names for this purpose.
- A signee is a person who is supposed to sign an official document in the presence of a notary public.
- The notary public’s seal or stamp in a notary acknowledgement is an official logo that represents the legal entity that is the notary public official.
- The notary public’s signature should be featured in a notary acknowledgement form showing their name under the notary public’s seal segment.
Types of Signatures
Signatures in a notary acknowledgement act as affirmation or proof of consent given by the parties involved in a contract or testament. The notary acknowledgement form contains different types of signatures which include:
- Corporation/ LLC is a signature on the notary acknowledgement, signed by a member or representative of a company on the company’s behalf. It must be incorporated using legal terminology that dictates the position of the representative.
- An individual is the normal standard format of a notary acknowledgement signature whereby a person signs the notary acknowledgement form and must indicate that they are mandated by law to sign the acknowledgement form.
- A Jurat signature is used as an affirmation or verification that a signer swears to the truthfulness of the contents in a document. The notary public although is mandated to administer this oath.
- A partnership is a type of notary acknowledgement signature signed by a number of representatives that have agreed to work on a specific objective. The signee must represent the official interest of the team and must also be supervised by the notary public.
How to Write a Notary Acknowledgment Form
The notary acknowledgement form should be written in accordance with certain official guidelines. It should contain the following sections as recommended by the guidelines:
Current Location
This part in the notary acknowledgement form states the location of the individuals, business and objective. It is supposed to be at the topmost part of the document.
Declaration Statement
A declaration statement is found directly under the location details in the acknowledgement form. It contains the actual statement of the acknowledgement form. The declaration statement should also have the date of the acknowledgement, name, title of the notary officer and the name of the parties involved in signing the document. The declaration statement is one of the most important statements of the notary acknowledgement form since it is where the actual message of the document is contained. The rest of the segments are used for verification.
Credentials required for notarization
The notary acknowledgement form also contains the personal details or credentials of the signee and notary public. It is placed directly after the declaration statement.
The signature of the notary public
This features the signature of the notary public, written to acknowledge the details of the signee and the declaration statement.
A Notary seal
Notary seal is the last part of the acknowledgement form that is meant to contain the seal or stamp of the notary public.
Special Considerations for Notarizing a Document
The notary public is mandated by law to notarize a document and to make it viable as a legal record. Some of the things that should be considered by the notary public when notarizing a document include:
- The notary public should verify the signer’s identity to notarize a legal document by checking the details of the signer’s documents, his location and if he is mandated by law to sign the notary acknowledgement form. These are the most basic checkpoints that need to be checked by the notary public official as they help identify the parties involved with it.
- Observation of the signer’s willingness is also the responsibility of the notary public to check and ensure that the signee is willing and able to make the agreement official. The notary public in this case should not deal with people who seem coerced or forced to sign the agreement in any format.
- The notary public should make sound decisions to ensure that the one who is mandated to sign the acknowledgement form is having a sound mind and can mentally go through and understand what he or she is signing.
Notary Laws
The notary laws are unique to each jurisdiction, but one is required under law to have an unsworn declaration. In most cases, it is the people who work as solicitors who go on to work as notary publics. The federal law under the 28 section of the United States Constitution provides for them to declare their intention under penalties of perjury.
One can also fail to be appointed as a notary public based on certain misdemeanors and criminal offenses which include any form of assault, theft of vehicles and other automobiles, burglary, using, possessing, or selling any kind of illegal drugs, any sort of fraud or conmanship, embezzlement, and arson. Other criminal elements that may diminish the chances of one getting appointed as a notary are when one fails to pay for child support, or in the case of the notary public ignoring the instructions of a court order with malicious intent. In other cases, one can be demoted from the position of a notary public based on the above-mentioned factors as well.
FAQs
How many people are required for notarization in the case of a partnership?
Although there is an unlimited number of people who can have the same interests in a notary acknowledgement, only one person can be allowed to sign the form.
Does one require a lawyer to be present during the process of notarization?
One does not have to incorporate a lawyer during the notary acknowledgement process because the notary public is acting in an official capacity under law. It, therefore, means that the notary acknowledgement form is a legally binding document.
How much does one charge for the process of notarization?
The price for the process of notarization varies from different places and jurisdictions and is determined by the notary public’s office.
Can one sign the notary acknowledgement from anywhere?
Yes. One can sign the notary public document anywhere so long as it is in the presence of the notary public.
Who is tasked with the responsibility of creating, handling and safekeeping of the original acknowledgement document?
The notary public is tasked with the responsibility of creating, handling, and safekeeping of the original acknowledgement document.
Can a member of the public be appointed as a notary public?
Yes, a person can be appointed as a notary public only if they have served as a solicitor.
How can one access a notary public?
One can access a notary public in a government office or online in the US.
Conclusion
The notary acknowledgement form is a legally binding document that acknowledges the agreement of a party to a certain statement through writing. It is unique in the sense that to make it legal it has to be written in the presence of a notary public, who is a legally appointed official tasked with overseeing the creation, signing, and storage of the notary acknowledgement form.
As discussed, the law that is concerned with notary agreements is unique to each jurisdiction, but one is required under law to have an unsworn declaration. In most cases, it is the people who work as solicitors who go on to work as notary publics. The federal law under the 28 section of the United States Constitution provides for them to declare their intention under penalties of perjury.