Notary Minutia: Three Questions that Concern Me

Notary Minutia: Three Questions That Concern Me
(Speaking from a Texas Perspective, of Course)
By Brenda Stone - "Notary Publisher"

Since I am from Texas, this article will use references from the educational materials provided from the Texas Secretary of State .

I am addressing the three questions posted regularly on notary forums about Acknowledgements and Jurats which give me reasons for concern from a Notary Signing Agent's perspective. (Note to other experienced notaries: I invite you to give your input a permanent home. Try writing a short article of this nature to go on NotaryDepot.com in the article section, or submit it to me and I will create a place for it. It will only take a minute and it will help new notaries. We can also use this type of an article to refer new notaries to. If you do this and let me know that you have submitted your article, I will give the article a link in my newsletter. Plus, in my newsletter, I will give you credit for writing the article when I refer to it, along with a link to your email and/or website.

Here are the three common questions that disturb me the most.

The reason these types of questions are so disturbing is because it shows that the notaries asking them have not become familiar with the educational materials which come with their notary commissions.

1-Which do I use--an acknowledgement or a jurat?
2-What's the correct wording?
3-How do I make one?


Which do I use--an acknowledgement or a jurat?

If a notary asks whether or not to use an acknowledgment or a jurat on a document it shows they have not read their state's notary rules. Why? Here is the answer in my state's notary rules:

MAY A NOTARY PUBLIC DETERMINE WHICH TYPE OF NOTARIAL CERTIFICATE SHOULD BE ATTACHED TO A DOCUMENT? No.

A Notary Public who is not an attorney should only complete a notarial certificate which is already on the document or type a certificate of the maker's choosing.

If a notary public is brought a document without a certificate and decides which certificate to attach, that notary public would be "practicing law."

However, a notary public is provided copies of sample notarial certificates with his or her notary commission.

A person for whom a notarization is performed may choose the notarial certificate, and the notary may add such certificate to the document.

What's the correct wording? How do I make one?

Please note, both of these questions can be answered from the educational materials. See the following forms which came with my Texas Notary Commission.

Form for Ordinary Certificate of Acknowledgment

State of Texas

County of _______________

Before me, (insert the name and character of the officer), on this day personally appeared ____________________, known to me (or proved to me on the oath of ______________ or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.


Given under my hand and seal of office this __________ day of __________, (year).

_____________________
Notary Public's Signature

(Personalized Seal)


Short Form (For a natural person acting in his/her own right)

State of Texas
County of _______________

This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).
______________________
Notary Public's Signature

(Personalized Seal)

Jurat
State of Texas
County of _______________

Sworn to and subscribed before me on the __________ day of _______________, (year), by (name of
signer).

______________________
Notary Public's Signature

(Personalized Seal)


Final Comments
Notary Depot provides a utility on its site for notaries to use to create acknowledgments.

(It's quite a nice little tool. Thank you, Joe! )