Jurat vs Acknowledgment: What You Should Know

What Is an Acknowledgment?

A notarial acknowledgment is the most common type of notarial act. In simple terms, the specific purpose of an acknowledgment is when the named document signer declares to a notary public that they signed a document willingly.

The key things to know about an acknowledgment:

• The signer of the document does not have to sign the document in front of the notary. They can sign it earlier and then bring it to the notary to confirm.
• The notary’s role is to verify the identity of the signer and make sure the person is signing that particular document of their own free will.
• The notary does not vouch for the truthfulness of the contents of a written document—only that the signer appeared before them and acknowledged signing.

Common uses of acknowledgment:

• Real estate deeds
• Power of attorney documents
• Loan or mortgage paperwork
• Business contracts

In these cases, the most important factor is ensuring the document was signed willingly and with proper identity verification. 

What Is a Jurat?

A jurat is a bit different. The purpose of a jurat is when the signer is not only verifying that they signed the document; they are also swearing or affirming that they have knowledge of the contents of the document and that they are true. Jurats are often needed when court proceedings are involved.

Here’s what sets a jurat apart:

• The signer of the document must sign the document in the presence of the notary.
• The notary administers an oath or affirmation, essentially asking, “Do you swear (or affirm) that the statements in this document are true?”
• The jurat certificate includes language confirming that the signer took this oath or affirmation.

Common uses of jurats:

• Affidavits
• Depositions
• Sworn statements
• Certain court-related documents

If accuracy and truthfulness of the document’s content matter, beyond just verifying a signature, a jurat is the right choice.

Key Differences Between a Jurat and an Acknowledgment

So how do you tell them apart? The main difference comes down to purpose. An acknowledgment confirms that a signer’s identity has been verified and that they signed willingly. A jurat document, on the other hand, adds an extra layer: the named principal signer must swear or affirm that the document’s contents are true.  

When someone other than the person or entity designated as the principal signs the document, the notary must determine the representative signer’s identity and authority to sign. 

The representative signer should sign with both their name and the principal’s name. For example, “Jane Doe, attorney in fact for John Smith, principal.”

Another key difference is timing. With an acknowledgment, the document does not have to be signed in the notary’s presence. You can sign it earlier and then appear before the notary to confirm. With a jurat, however, the signature must be made in front of the notary after the oath or affirmation has been given.

In short:

• Jurat = identity verified + voluntary signature + sworn truthfulness of the document.
• Acknowledgment = identity verified + voluntary signature.

How Do You Know Which One You Need?

Usually, the type of notarization required will be spelled out in the document itself or by the organization requesting it. For example:

• If a court or attorney gives you an affidavit, it almost always requires a jurat.
• If you’re signing a property deed, it will likely need an acknowledgment.

If you’re not sure, a notary cannot give legal advice, so the notary cannot choose for you (unless state law provides specific exceptions). The notary public’s role is to explain the difference between the two, but ultimately you must decide which one fits your type of document’s purpose.

One important thing to note is that a notary who has a financial interest in or is a party to the matter at hand cannot notarize the document. A notary who’s an uninterested party must notarize in this case. This is to ensure the integrity of the notarization process.

Why It Matters to Choose Correctly

Choosing between a jurat and a certificate of acknowledgment isn’t just a technicality; it can affect the legal standing of your document. Using the wrong notarization could mean:

• Your document is rejected by the receiving party.
• You may need to have the document notarized all over again.
• In legal matters, it could delay proceedings or affect enforceability.

By understanding the distinction, you’ll save yourself time, money, and frustration.

A Friendly Example

Imagine you’re selling your house. The deed will require an acknowledgment. You don’t need to swear anything is true; you just need to verify you’re signing it willingly, and the notary confirms your identity.

Now picture you’re filing an affidavit in a legal proceedings case, stating facts under penalty of perjury. That requires a jurat. The notary will administer an oath, you’ll swear your statement is true, and only then will you sign in front of them.

Same notary, two very different roles.

FAQs About Jurats and Acknowledgements

1. Can a notary tell me which notarization I need?
No. A notary can explain the difference between a jurat and an acknowledgment, but they cannot decide for you. Only the signer—or the organization requesting the document—can determine which one is required.

2. What happens if I choose the wrong notarization?
If you pick the wrong type, the receiving party may reject your document. That usually means you’ll need to redo the notarization correctly, which could delay your transaction or legal process.

3. Can I sign a document before bringing it to the notary?
Yes, but only if it requires an acknowledgment. For a jurat, you must sign in the presence of the notary after taking an oath or affirmation.

4. Do all states handle jurats and acknowledgments the same way?
The basic purpose is the same across the U.S., but some states have specific certificate wording requirements. Your notary will use the correct form for your state.

5. Which one is more common—jurat or acknowledgment?
Acknowledgments are generally more common, especially in real estate and business transactions. Jurats are most often used in legal settings, such as affidavits and sworn statements.

Final Thoughts: Jurat vs. Acknowledgment

When it comes to notarization, the difference between a jurat and an acknowledgement is all about intent:

• If you need to verify your signature, use a notary acknowledgment.
• If you need to swear to the truthfulness of the document, use a jurat.

Understanding this simple distinction makes the notarization process smoother and ensures your document will be accepted the first time. So, the next time you sit down with a notary, you’ll know exactly what to ask for and why. 

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