October 22, 2024


Acknowledgment or Jurat? An Easy Way to Explain the Difference

When explaining the difference between an acknowledgment and a jurat to a signer, it’s also important to clarify the notary’s role and limitations. Here’s a helpful explanation:

Acknowledgment:

  • What it is: With an acknowledgment, the notary verifies that you willingly signed the document and that you are who you say you are. The key point is that the document may have already been signed before meeting with the notary, and the notary confirms your identity and that the signature is yours.
  • When it’s used: It’s commonly used for documents where the signer needs to confirm they signed voluntarily or is being recorded or filed, such as for real estate deeds, powers of attorney, or contracts.

An easy way to explain it: “An acknowledgment confirms that you signed this document and are doing so willingly. You don’t have to sign it in front of me, but I do need to verify your identity.”

Jurat:

  • What it is: With a jurat, the notary is asking you to swear or affirm that the contents of the document are true. You must sign the document in front of the notary, and you’re taking an oath to the truthfulness of the information in the document.
  • When it’s used: Jurats are often used for affidavits, depositions, and other documents that require a sworn statement.

An easy way to explain it: “A jurat means you’re swearing that everything in the document is true. You’ll need to sign in front of me, and I’ll administer an oath to confirm your statement is truthful.”

Important Note About Notary Limitations You May Want to Add:

“As a notary, I cannot choose the notarial act for you or tell you which one is the “right” one for your document. That’s considered giving legal advice, which is known as unauthorized practice of law. If you’re unsure which notarial act is required, it’s best to ask the document recipient or seek legal advice.”

Quick Summary:

  • Acknowledgment: Confirms your identity and that you signed willingly.
  • Jurat: Requires you to swear or affirm that the document is true, and you must sign in front of the notary.
  • The notary cannot choose which act is needed or advise you which is correct.

This explanation helps signers understand the difference between an acknowledgment and a jurat while clearly stating the notary’s role and limitations in the process.