Key Takeaways
- An acknowledgment confirms the signer's identity and that they signed voluntarily
- The signer does NOT need to sign in the notary's presence for an acknowledgment
- The notary must verify the signer's identity through personal knowledge or satisfactory evidence
- The signer must acknowledge (verbally confirm) that they signed the document
- Common documents requiring acknowledgments include deeds, contracts, and powers of attorney
Acknowledgments
An acknowledgment is the most common notarial act. It serves to confirm that a signer is who they claim to be and that they signed a document of their own free will.
What Is an Acknowledgment?
An acknowledgment is a formal declaration by a person (the "principal") to a notary that:
- They are the person named in the document
- They signed the document
- They signed voluntarily and for its intended purpose
Key Characteristics
| Feature | Acknowledgment |
|---|---|
| Signer must appear before notary | Yes |
| Signer must sign in notary's presence | No |
| Signer must verbally acknowledge signature | Yes |
| Identity verification required | Yes |
| Document already signed okay | Yes |
The Acknowledgment Process
Step 1: Signer Appears
The signer must personally appear before the notary (in-person or approved remote).
Step 2: Verify Identity
The notary determines the signer's identity through:
- Personal knowledge, OR
- Satisfactory evidence (government-issued photo ID), OR
- Credible witness verification
Step 3: Signer Acknowledges
The signer must verbally acknowledge:
- "Yes, this is my signature"
- "Yes, I signed this document voluntarily"
- "Yes, I signed this for its intended purpose"
Step 4: Complete Certificate
The notary completes the acknowledgment certificate, including:
- Date and location
- Signer's name
- Notary's signature
- Commission information
Acknowledgment Certificate (Short Form)
Maine provides a short form for acknowledgments:
State of Maine County of ___________
This record was acknowledged before me on _________ [date] by _________ [name(s) of individual(s)].
_________________________ [Signature of notarial officer] [Stamp, if any] Title: Notary Public, State of Maine My commission expires: _________
Common Documents Requiring Acknowledgments
| Document Type | Purpose |
|---|---|
| Real estate deeds | Transfer property ownership |
| Mortgages | Secure real property loans |
| Powers of attorney | Grant authority to act |
| Contracts | Formal agreements |
| Trust documents | Estate planning |
On the Exam
Key points:
- No signing in presence required for acknowledgments
- Verbal acknowledgment of signature IS required
- Identity verification always required
- Most common notarial act
For an acknowledgment, the signer must:
A client brings a deed they signed last week and asks you to notarize it. Can you perform an acknowledgment?