Key Takeaways
- An acknowledgment confirms the signer acknowledges their signature
- The signer does NOT need to sign in the notary's presence for an acknowledgment
- Notary verifies identity and that signer acknowledges signing voluntarily
- Notary does NOT verify the truthfulness or legality of document contents
- Common for deeds, mortgages, powers of attorney, and contracts
Purpose of Acknowledgments
A woman appears at your notary station with a quitclaim deed she signed last week at her attorney's office. "I already signed it," she says, "I just need your stamp." You hesitate—can you notarize a document that was signed outside your presence? For an acknowledgment, the answer is yes—and understanding why reveals the fundamental purpose of this notarial act.
An acknowledgment is the most commonly performed notarial act in California—you'll do hundreds or thousands during your career. Mastering its purpose and procedure is essential.
What Is an Acknowledgment?
An acknowledgment is a notarial act in which a signer personally appears before the notary, is identified, and acknowledges that they signed the document. The key word is "acknowledge"—the signer is confirming:
| What the Signer Confirms | Example |
|---|---|
| "Yes, that is my signature" | Previously signed the deed |
| "Yes, I signed voluntarily" | Not forced or coerced |
| "Yes, I intended to sign this document" | Knew what they were signing |
This is fundamentally different from watching someone sign—the signer is acknowledging a signature that may already exist on the document.
The Three Elements of an Acknowledgment
Every valid acknowledgment requires these three elements:
| Element | Description |
|---|---|
| 1. Personal Appearance | The signer must physically appear before the notary |
| 2. Identity Verification | The notary must identify the signer using acceptable methods |
| 3. Voluntary Acknowledgment | The signer acknowledges signing freely and voluntarily |
The Critical Distinction: Signing in Presence
This is the most important concept distinguishing acknowledgments from jurats:
| Feature | Acknowledgment | Jurat |
|---|---|---|
| Must sign in notary's presence? | NO | YES |
| What the signer does | Acknowledges prior signature | Signs while notary watches |
| Oath required? | NO | YES |
| Common uses | Deeds, contracts, POAs | Affidavits, declarations |
Key Point: For an acknowledgment, the signer does NOT need to sign in the notary's presence. The document may have been signed:
- An hour ago at an attorney's office
- Last week at home
- Months ago (as long as the signer acknowledges it)
The signer simply acknowledges: "That's my signature, and I signed voluntarily."
What the Notary's Role IS
When taking an acknowledgment, the notary:
| Responsibility | Action |
|---|---|
| Verifies identity | Uses acceptable ID, personal knowledge, or credible witnesses |
| Confirms personal appearance | Signer is physically present |
| Ensures voluntary acknowledgment | Asks signer if they signed voluntarily |
| Completes the certificate | Fills out the acknowledgment form |
| Signs and seals | Authenticates the notarization |
What the Notary's Role IS NOT
Equally important—what the notary does NOT do:
| NOT Your Responsibility | Why |
|---|---|
| Verify document truthfulness | Not certifying content is true |
| Confirm document is legal | Not providing legal advice |
| Guarantee document will be accepted | Other parties may have requirements |
| Read or understand the document | Not your job to review contents |
| Verify authority to sign | Not determining if signer has legal right |
Real-World Example: A man brings a deed transferring his house to his daughter. As the notary, you verify his identity and take his acknowledgment. You do NOT determine if he actually owns the house, if the deed is properly drafted, or if the transfer is a good idea. Those are legal matters beyond your role.
Common Documents Requiring Acknowledgment
| Document Type | Why Acknowledgment Used |
|---|---|
| Grant deeds | Real property transfers |
| Quitclaim deeds | Releasing property claims |
| Deeds of trust | Mortgage documents |
| Powers of attorney | Authorizing agents |
| Real estate contracts | Property agreements |
| Corporate resolutions | Business decisions |
| Wills (sometimes) | Estate documents |
Acknowledgment vs. Jurat: Detailed Comparison
| Feature | Acknowledgment | Jurat |
|---|---|---|
| Signing | Can be signed before notary appearance | Must be signed in presence |
| Oath/Affirmation | Not required | Required |
| Notary verifies | Identity + voluntary acknowledgment | Identity + oath administered |
| Signer states | "I signed this document" | "The contents are true" |
| Common documents | Deeds, POAs, contracts | Affidavits, declarations |
| Certificate says | "acknowledged...executed the same" | "subscribed and sworn" |
When to Use Acknowledgment vs. Jurat
If you're unsure which notarial act is required, look at the document:
| Document Says | Use This |
|---|---|
| "Subscribed and sworn before me" | Jurat |
| "Sworn to" or "affirmed" | Jurat |
| "Acknowledged before me" | Acknowledgment |
| Contains an acknowledgment certificate | Acknowledgment |
| Contains a jurat certificate | Jurat |
| No indication | Ask the signer what the receiving party requires |
On the Exam
Expect 3-4 questions on acknowledgments. Key points tested:
- Signing NOT required in presence: The critical distinction from jurats
- No oath required: Unlike jurats, no swearing/affirming
- Notary verifies identity: The primary notary function
- Does NOT verify content: Not certifying truth of document
- Signer acknowledges: Confirms the signature is theirs and voluntary
For an acknowledgment, must the signer sign the document in the notary's presence?
What is the notary verifying when taking an acknowledgment?