Key Takeaways
- An acknowledgment confirms the signer acknowledges they signed willingly for its stated purpose
- The signer does NOT need to sign in the notary's presence for an acknowledgment
- The signer must personally appear before the notary
- No oath is administered for acknowledgments
- Used for deeds, powers of attorney, and most real estate documents
Acknowledgments
An acknowledgment is the most common type of notarial act you'll perform. It's used when a signer needs to confirm that they signed a document willingly and for its stated purpose.
What Is an Acknowledgment?
An acknowledgment is a notarial act in which:
| Element | Requirement |
|---|---|
| Personal appearance | Signer appears before notary |
| Identity verification | Notary confirms signer's identity |
| Voluntary act | Signer acknowledges signing willingly |
| Stated purpose | Signer confirms document is for its stated purpose |
Key Feature: Signature Timing
Important distinction: For an acknowledgment, the signer does NOT need to sign the document in the notary's presence.
| Acceptable | Also Acceptable |
|---|---|
| Signer signs in front of notary | Signer already signed before appearing |
| Signer brings pre-signed document | Document was signed days/weeks earlier |
The notary is certifying that the signer:
- Personally appeared
- Was identified
- Acknowledged the signature as their own
No Oath Required
| Acknowledgment | Jurat |
|---|---|
| No oath/affirmation | Oath required |
| Signer doesn't swear to contents | Signer swears contents are true |
| Confirms they signed | Confirms truthfulness |
Common Documents Using Acknowledgments
| Document Type | Why Acknowledgment Used |
|---|---|
| Deeds | Real property transfers |
| Powers of Attorney | Authority delegation |
| Mortgages/Deeds of Trust | Lending documents |
| Contracts | Business agreements |
| Vehicle titles | Ownership transfers |
The Acknowledgment Process
- Signer appears before notary
- Identity verified through ID or personal knowledge
- Notary asks: "Do you acknowledge this is your signature and that you signed this document willingly for its stated purpose?"
- Signer confirms: "Yes"
- Notary completes acknowledgment certificate
- Notary signs and seals the certificate
- Journal entry recorded
Sample Acknowledgment Certificate
The certificate typically states:
State of Arizona County of [County Name]
On this [date], before me, [Notary Name], personally appeared [Signer Name], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[Notary Signature] [Notary Seal]
On the Exam
Acknowledgment questions focus on:
- Personal appearance: Required
- Signature: Does NOT need to occur before notary
- No oath: Signer doesn't swear to truthfulness
- Common use: Real estate documents, powers of attorney
For an acknowledgment, must the signer sign the document in the notary's presence?
Which of the following is TRUE about acknowledgments?