Free Jurats & Acknowledgments Questions and Answers 2 — Questions and Answers
Question 1: What is the key difference between a jurat and an acknowledgment?
- A jurat requires a fee; an acknowledgment does not
- A jurat requires the signer to sign in the notary's presence and take an oath; an acknowledgment only requires the signer to acknowledge their signature (Correct answer)
- An acknowledgment requires an oath; a jurat does not
- There is no legal difference between the two
Correct answer: A jurat requires the signer to sign in the notary's presence and take an oath; an acknowledgment only requires the signer to acknowledge their signature
In a jurat, the signer must sign the document IN FRONT of the notary and take an oath or affirmation that the content is true. In an acknowledgment, the signer may have signed before appearing, and only needs to acknowledge the signature — no oath is required.
Question 2: For which type of document would a jurat be most appropriate?
- A real estate deed
- An affidavit or sworn statement (Correct answer)
- A power of attorney
- A lease agreement
Correct answer: An affidavit or sworn statement
A jurat is used when the signer must swear or affirm that the document's contents are true and correct — most commonly used for affidavits, sworn statements, and legal declarations.
Question 3: During an acknowledgment, the notary certifies that the signer:
- Swore an oath that the document content is true
- Personally appeared, was identified, and acknowledged signing the document voluntarily (Correct answer)
- Was advised of the document's legal consequences
- Signed in the presence of two witnesses
Correct answer: Personally appeared, was identified, and acknowledged signing the document voluntarily
For an acknowledgment, the notary certifies that the signer personally appeared before the notary, was identified, and acknowledged (stated) that they signed the document knowingly and voluntarily.
Question 4: The words "subscribed and sworn to before me" typically appear in which type of notarial certificate?
- An acknowledgment certificate
- A jurat certificate (Correct answer)
- A copy certification
- An affirmation certificate
Correct answer: A jurat certificate
"Subscribed and sworn to before me" is the classic language of a jurat certificate, indicating the signer signed (subscribed) in the notary's presence and took an oath (sworn to) before the notary.
Question 5: Can an acknowledgment be taken if the signer already signed the document before appearing before the notary?
- No — the signer must always sign in front of the notary
- Yes — for an acknowledgment, the signer may acknowledge a prior signature to the notary (Correct answer)
- Only for real estate transactions
- Only if the document is dated within the last 24 hours
Correct answer: Yes — for an acknowledgment, the signer may acknowledge a prior signature to the notary
Yes. Unlike a jurat, an acknowledgment does not require the signer to sign in the notary's presence. The signer may have signed previously and simply appears before the notary to acknowledge the signature is theirs.
Question 6: What must a notary do during a jurat if the signer has already signed the document before appearing?
- Accept the pre-signature and administer only the oath
- Have the signer re-sign the document in the notary's presence, then administer the oath (Correct answer)
- Refuse to perform any jurat for a pre-signed document
- Accept the pre-signature if the signer takes an oath about when they signed
Correct answer: Have the signer re-sign the document in the notary's presence, then administer the oath
If the signer arrives with a pre-signed document for a jurat, the notary should have the signer re-sign the document in the notary's presence, because a jurat specifically requires that the signature be made before (in front of) the notary.
What is the key difference between a jurat and an acknowledgment?