Can a Notary Tell Me Which Notarial Act I Need? 📃

Be prepared for your notarial appointment.

Not sure whether you need an acknowledgment or jurat? Learn why a notary generally cannot choose the notarial act for you.

You arrive at your notary appointment with a document in hand, but there's one problem:

You don't know what type of notarization you need.

Can the notary simply choose for you?

Generally, a notary who is not acting as your attorney cannot select a notarial act on your behalf when doing so would amount to giving legal advice.

Different Notarial Acts Have Different Purposes

Two common notarial acts are acknowledgments and jurats.

With an acknowledgment, the signer generally acknowledges to the notary that they executed the document.

A jurat generally involves the signer making an oath or affirmation regarding the truthfulness of the statements in the document and signing as required for that act.

They are not interchangeable simply because both involve a notary.

What If My Document Doesn't Say?

If the document does not contain a notarial certificate or otherwise indicate the required act, the signer may need to contact:

• The document preparer

• An attorney

• The receiving agency

• The organization requesting the document

That party can tell the signer what is required.

Once the appropriate notarial act has been identified, the notary can determine whether they are authorized to perform it.

Why Can't the Notary Just Pick One?

Choosing the appropriate certificate may require interpreting the document or determining the legal effect the signer needs.

For a non-attorney notary, that can cross the line into unauthorized legal advice.

Staying within the proper scope of the notary's role protects both the signer and the notary.

Prepare Before Your Appointment

Before booking your notarization, review the document and any instructions you've received.

If you're uncertain about the required notarization, contact the party requesting the document before your appointment.

A little preparation can prevent delays.

Your notary can perform an authorized notarial act, but determining which act your legal document requires may not be a decision the notary can make for you.

Knowing what is required before your appointment can make the entire process smoother.

This article is provided for general informational purposes only and does not constitute legal advice.

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