Key Takeaways
- An acknowledgment certifies that the signer admits to signing voluntarily for the document's stated purpose
- The signer may sign the document BEFORE appearing before the notary (unlike a jurat)
- The notary must positively identify the signer using acceptable identification or personal knowledge
- No oath or affirmation is required for an acknowledgment
- Acknowledgments are commonly used for deeds, mortgages, and powers of attorney
Acknowledgments
An acknowledgment is the most common type of notarial act. It is used when a signer needs to declare that they signed a document voluntarily and for the purpose stated in the document.
Definition (Utah Code 46-1-2)
"Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose.
Key Characteristics
| Element | Requirement |
|---|---|
| Identity Verification | Required (personal knowledge or ID) |
| Signer's Presence | Must appear before the notary |
| When Signed | May be signed BEFORE appearing before the notary |
| Oath Required | NO oath or affirmation required |
| Signer's Declaration | Admits to signing voluntarily |
The Acknowledgment Process
- Signer appears before the notary (may have already signed the document)
- Notary identifies the signer using personal knowledge or satisfactory evidence of identity
- Signer acknowledges that they signed the document voluntarily for its stated purpose
- Notary completes the acknowledgment certificate
- Notary affixes official seal and signature
When to Use an Acknowledgment
Acknowledgments are appropriate for documents where the signer needs to confirm their voluntary signature:
- Real estate documents (deeds, mortgages, deeds of trust)
- Powers of attorney
- Contracts and agreements
- Trust documents
- Corporate resolutions
Sample Acknowledgment Certificate
The certificate wording varies, but typically includes:
State of Utah
County of _______________
On this ___ day of __________, 20___, before me, the undersigned notary public,
personally appeared ______________________, proved to me through satisfactory
evidence of identification, which was ________________, to be the above-named
person who signed the foregoing instrument, and acknowledged that (he/she/they)
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
____________________________
Notary Public
My commission expires: ________
Important Distinction: Pre-Signing
Unlike a jurat, where the notary must witness the signing, an acknowledgment allows the signer to have already signed the document before appearing. The notary is simply certifying that the signer acknowledges their signature.
On the Exam
- Pre-signing allowed: Document may be signed before the signer appears
- No oath required: Acknowledgments do not require an oath or affirmation
- Identity required: Notary must verify signer's identity
- Common uses: Deeds, mortgages, powers of attorney
Which statement about acknowledgments is TRUE?
What does a notary certify in an acknowledgment?