Key Takeaways
- The signer must personally appear before the notary - no exceptions
- The notary must verify the signer's identity through acceptable means
- The signer must acknowledge the signature is theirs and was made willingly
- Pre-signed documents can be acknowledged if the signer appears and acknowledges
- The notary must complete and sign the acknowledgment certificate
Acknowledgment Requirements
An acknowledgment is the most frequently performed notarial act. Oregon law under ORS 194.230 sets specific requirements.
Steps for Taking an Acknowledgment
| Step | Action | Purpose |
|---|---|---|
| 1 | Personal appearance | Signer must be physically present |
| 2 | Verify identity | Confirm signer is who they claim to be |
| 3 | Confirm signature | Signer acknowledges the signature is theirs |
| 4 | Confirm voluntariness | Signer confirms they signed willingly |
| 5 | Complete certificate | Fill out and sign notarial certificate |
| 6 | Affix stamp | Apply official notary stamp to certificate |
Personal Appearance Requirement
The signer MUST appear in person before the notary. This cannot be waived for traditional acknowledgments.
Not Acceptable:
- Telephone acknowledgments
- Video call (unless using authorized RON platform)
- Having someone else represent the signer
- Mail-in acknowledgments
What the Signer Must Acknowledge
The person appearing before the notary must confirm:
- Identity - They are the person named in the document
- Signature - The signature on the document is theirs
- Voluntariness - They signed of their own free will
Pre-Signed Documents
Important for the Exam: A document can be signed before appearing before the notary for an acknowledgment.
| Scenario | Allowed? |
|---|---|
| Signer signs at home, then appears before notary | Yes |
| Signer signs in notary's office, notary witnesses | Yes |
| Document was signed years ago, signer now appears | Yes |
| Someone else signed on behalf of signer | No |
Key distinction: Unlike a jurat, an acknowledgment does NOT require the notary to witness the actual signing.
Representative Capacity
A person may acknowledge a document signed in a representative capacity:
| Capacity | Example |
|---|---|
| Individual | Signing for themselves |
| Agent (Power of Attorney) | Signing for principal |
| Corporate officer | Signing for corporation |
| Trustee | Signing for trust |
| Guardian | Signing for ward |
The certificate should indicate the representative capacity when applicable.
Completing the Certificate
The acknowledgment certificate must include:
- Date of notarization
- Name(s) of signer(s)
- Notary's signature (same as on file with SOS)
- Notary's printed name
- Commission expiration date
- Notary stamp
On the Exam
- Personal appearance: Always required
- Pre-signed documents: Allowed for acknowledgments
- Voluntary: Signer must confirm willingness
- No witnessing required: Notary need not see the signing
Can a notary acknowledge a document that was signed before the signer appeared?