Overview of Notarial Acts

A notarial act is any official duty that a notary public is authorized to perform under the laws of their commissioning state. These are the fundamental building blocks of the notary profession — every interaction between a notary and a signer involves at least one notarial act.

Understanding the different types of notarial acts, their purposes, and when each is appropriate is essential both for passing the notary exam and for performing your duties competently.

Types of Notarial Acts

While the specific acts authorized vary by state, the following are recognized in most jurisdictions:

How to Determine Which Act Is Required

The type of notarial act needed is typically determined by:

1. The document itself — Many documents include specific notarial certificate wording (e.g., "Subscribed and sworn to before me" indicates a jurat)
2. The requesting party — The attorney, lender, or agency that prepared the document usually specifies the required notarial act
3. State law — Some documents require specific types of notarization by statute

Critical Rule: The notary must NEVER choose the type of notarial act for the signer. If the document does not specify and the signer is unsure, the notary should advise the signer to consult the document's issuing party or an attorney. Choosing the act for the signer constitutes the unauthorized practice of law.

The Notarial Certificate

Every notarial act is documented through a notarial certificate — a written statement attached to or included in the document that records the details of the notarization. The certificate typically includes:

• The state and county where the notarization occurred
• The date of the notarization
• The name of the signer (known as the "principal")
• The type of notarial act performed
• How the signer was identified
• The notary's signature
• The notary's official seal or stamp
• The notary's commission expiration date

Loose Certificates: When a document does not include notarial certificate wording, the notary may attach a separate certificate (called a "loose certificate" or "loose-leaf certificate"). The loose certificate must be securely attached to the document and reference it specifically to prevent fraudulent reattachment.

Important Principles

Several universal principles apply to all notarial acts:

Personal Appearance

In most traditional notarizations, the signer must personally appear before the notary at the time of the notarization. This means the signer and notary must be in the same physical location. Remote Online Notarization (RON) is the exception, where the signer appears via live audio-visual technology.

Signer Identification

The notary must positively identify the signer before performing any notarial act. Methods vary by state but typically include government-issued photo ID, personal knowledge, or credible witnesses.

Willingness and Awareness

The notary must be satisfied that the signer:

• Is acting willingly — not under duress, threat, or coercion
• Appears mentally aware — understands what they are signing and the nature of the transaction

Completion of the Act

A notarial act is not complete until the notary has:

1. Performed all required steps (identification, oath, etc.)
2. Completed the notarial certificate
3. Affixed their official seal or stamp
4. Signed the certificate

On the Exam

Expect 3-5 questions about notarial act fundamentals. Key points:

• Acknowledgments are the most common notarial act
• Jurats require the signer to swear or affirm under oath
• The notary must never choose the act for the signer — that is UPL
• Personal appearance is required for all traditional notarizations
• The notarial certificate documents the act and must be completed in full