Key Takeaways
- An acknowledgment is a declaration that the signer signed voluntarily for the stated purpose
- The signer does NOT need to sign in the notary's presence for an acknowledgment
- The notary certifies: personal appearance, positive identification, and voluntary signing
- Commonly used for deeds, mortgages, powers of attorney, and real estate documents
- Certificate must include notary signature, seal, date, and jurisdiction
Last updated: January 2026
Acknowledgments
An acknowledgment is the most common type of notarial act. Under HRS 456-1.6, an acknowledgment is a declaration by a person before a notary public that:
- The person signed the document
- For the purpose stated in the document
- If signed in a representative capacity, with proper authority
Key Characteristics of Acknowledgments
| Feature | Details |
|---|---|
| Signing location | May be signed BEFORE appearing before notary |
| Signer's role | Acknowledges their signature |
| Notary certifies | Personal appearance, ID verification, voluntary signing |
| Oath required? | NO - no oath or affirmation needed |
| Common uses | Deeds, mortgages, powers of attorney, real estate docs |
Critical Distinction: Acknowledgment vs. Jurat
| Aspect | Acknowledgment | Jurat |
|---|---|---|
| When signed | Before OR during notarization | MUST sign in notary's presence |
| Oath required | No | Yes - signer must swear/affirm |
| Purpose | Confirm voluntary signature | Swear to truth of contents |
| Typical use | Real estate documents | Affidavits, sworn statements |
The Acknowledgment Process
Step 1: Signer Appears
The signer personally appears before the notary (document may already be signed)
Step 2: Identification
The notary positively identifies the signer using:
- Personal knowledge, OR
- Satisfactory evidence of identity (valid ID)
Step 3: Declaration
The notary asks the signer to acknowledge:
- "Is this your signature?"
- "Did you sign this willingly for the purpose stated?"
- If applicable: "Are you authorized to sign on behalf of [entity]?"
Step 4: Certificate Completion
The notary completes the acknowledgment certificate with:
- Date of notarization
- Notary's signature
- Notary's printed name
- Commission expiration date
- Official seal/stamp
- Jurisdiction (State of Hawaii)
Representative Capacity
When someone signs in a representative capacity (as agent, officer, trustee, etc.):
| Role | What Signer Acknowledges |
|---|---|
| Corporate officer | Signed with authority as officer of the corporation |
| Attorney-in-fact | Signed under valid power of attorney |
| Trustee | Signed with authority under the trust |
| Partner | Signed with authority as partner |
Sample Acknowledgment Certificate Language
A Hawaii acknowledgment certificate typically includes:
- "State of Hawaii"
- County where notarization occurred
- Date of appearance
- Name of signer
- Statement that signer is personally known OR identified
- Statement that signer acknowledged signing
- Notary's signature, seal, and commission info
On the Exam
Key points tested:
- Signer does NOT need to sign in front of notary for acknowledgment
- No oath is required for acknowledgments
- Notary verifies identity and voluntary signing
- Compare/contrast with jurat requirements
Test Your Knowledge
For an acknowledgment, must the signer sign the document in the notary's presence?
A
B
C
D
Test Your Knowledge
Does an acknowledgment require the signer to take an oath or affirmation?
A
B
C
D