An Acknowledgement
An Acknowledgment is a notarial act whereby the endorser of a record states in clear terms to an public officer certified by the state, such as a mobile notary public, that he or she authorized the file; that he recognizes the materials that are included in the file and that he or she knows the effects of carrying out the authorization and signing of the file. The endorser likewise indicates to the mobile notary that he or she has signed the document of his own free will and was not coerced to do so to sign a document that he did not wish to authorize. An acknowledgement is taken from authorized persons who are permitted to sign the documents or agreements and powers of attorney. By authorizing the document the signer accepts all of the terms of the document as set forth therein. The signer does not need to authorize the document with the notary present at the time of signing, but the document needs to display the signer’s original wet ink signature. However, it is preferred that the signing takes place in the presence of a duly authorized notary.
An Acknowledgement Certificate
The Acknowledgment Certificate is a created statement generally located somewhere on the document just below the area where the signature appears. Ordinarily the certification should contain a description detailing the precise location where the notarial act took place including the names of all persons acknowledging the document. It should also include clear indication that the signing took place before a state certified notary public. They must indicate that they clearly understood the content of the material and all implications thereof and that there was no pressure involved to force them to sign the document. They must essentially prove that they signed the documents of their own free will. The notary also must show proof of the time and date that the signing took place. After that the notary must sign the notorial certificate and affix their notary seal on the document. The act of certifying the document and affixing their seal is proof that the document was properly notarized and the signing is now certified by an officer representing the state. This process formally and legally binds all parties to the content and effects of the document.
Acknowledgement vs Jurat
It is not uncommon for one to confuse the need for an acknowledgement certificate versus a jurat certificate. The difference is that a jurat is used when the person signing is attesting or swearing to the content of the information contained in a given document. The signer must take an oath or make an affirmation in front of the notary.
An acknowledgement certificate is used to confirm the identity of a signer and to prove that they were the ones who actually signed the document. They are not attesting or swearing to the validity of the content in the document.