MS Notary Acknowledgments and Jurats 1 — Questions and Answers
Question 1: What is the primary difference between an acknowledgment and a jurat in Mississippi?
- An acknowledgment confirms voluntary signing; a jurat requires signing and swearing before the notary (Correct answer)
- They are identical notarial acts
- An acknowledgment requires an oath; a jurat does not
- A jurat is only for court documents
Correct answer: An acknowledgment confirms voluntary signing; a jurat requires signing and swearing before the notary
An acknowledgment verifies that the signer executed the document voluntarily and understands its contents, while a jurat requires the signer to sign in the notary's presence and take an oath as to the truthfulness of the document.
Question 2: When performing a jurat, what must the notary witness?
- The signer signing the document and taking an oath or affirmation (Correct answer)
- Only the signer's identification
- The document being delivered to the recipient
- The payment of notary fees
Correct answer: The signer signing the document and taking an oath or affirmation
For a jurat, the notary must personally witness the signing of the document and administer an oath or affirmation regarding the truthfulness of the document's contents.
Question 3: Can a notary perform an acknowledgment if the document was signed before the signer appears?
- Yes, the signer can acknowledge a previously signed document (Correct answer)
- No, the signer must always sign in the notary's presence for acknowledgments
- Only if the signature was witnessed by someone else
- Only for real estate documents
Correct answer: Yes, the signer can acknowledge a previously signed document
Unlike a jurat, an acknowledgment does not require the document to be signed in the notary's presence. The signer simply acknowledges to the notary that they previously signed voluntarily.
Question 4: What oath or affirmation language is required for a jurat?
- Words that bind the signer to the truthfulness of the document, such as 'Do you swear this is true?' (Correct answer)
- No specific language is required
- The Pledge of Allegiance
- A statement written by the signer
Correct answer: Words that bind the signer to the truthfulness of the document, such as 'Do you swear this is true?'
The notary must administer a verbal oath or affirmation that binds the signer to the truthfulness of the statements in the document, using language like 'Do you solemnly swear that the contents of this document are true and correct?'
Question 5: What should a notary do if the certificate wording on a document is missing?
- Attach an appropriate loose certificate with the correct notarial wording (Correct answer)
- Refuse to notarize the document entirely
- Write the wording freehand on the document
- Ask the signer to write their own certificate
Correct answer: Attach an appropriate loose certificate with the correct notarial wording
If certificate wording is missing, the notary should attach a separate loose certificate containing the appropriate acknowledgment or jurat language, completed and signed by the notary.
Question 6: Is a notary allowed to decide whether a document should receive an acknowledgment or jurat?
- No, the signer or the document itself dictates which notarial act is needed (Correct answer)
- Yes, the notary always decides the type of notarial act
- Only attorneys can make this determination
- The county clerk decides
Correct answer: No, the signer or the document itself dictates which notarial act is needed
The notary does not choose the type of notarial act. The document's requirements or the signer's request determines whether an acknowledgment, jurat, or other act is appropriate.
MS Notary Acknowledgments and Jurats 1
What is the primary difference between an acknowledgment and a jurat in Mississippi?