Key Takeaways
- An acknowledgment is a formal declaration that a signature is genuine and voluntary
- The signer MUST appear before the notary in person
- The notary must positively identify the signer
- The document may be signed before the notary OR the signer may acknowledge a previously made signature
- The notary does NOT need to witness the actual signing
Acknowledgments
An acknowledgment is the most common notarial act you'll perform. It's a formal declaration by a person that they signed a document voluntarily and that the signature is genuine.
What Is an Acknowledgment?
When someone "acknowledges" a document before you, they are declaring:
- The signature on the document is theirs
- They signed voluntarily (not under duress)
- They understand they are bound by the document
Key Requirements
| Requirement | Explanation |
|---|---|
| Personal appearance | Signer MUST appear before you |
| Identification | Notary must positively identify the signer |
| Voluntary signature | Signer must confirm signature was voluntary |
| Signature on document | Document must be signed (before or during appearance) |
Personal Appearance
Critical Rule: The signer MUST personally appear before the notary. You cannot take an acknowledgment:
- Over the phone
- Via video chat (except for authorized remote notarization)
- For someone who is not present
The Signing
Here's a common misconception: The notary does NOT need to witness the actual signing.
| Scenario | Valid? |
|---|---|
| Signer signs in front of notary | Yes |
| Signer already signed, now acknowledges | Yes |
| Signer not present, someone else claims signature | No |
Example: John signed a deed last week. Today he appears before you with the already-signed deed. He acknowledges that the signature is his and he signed voluntarily. This is a valid acknowledgment.
The Acknowledgment Process
- Signer personally appears before you
- Verify identity through acceptable ID
- Ensure understanding — signer knows what they're acknowledging
- Confirm voluntariness — signer states signature is voluntary
- Complete certificate — fill in acknowledgment certificate
- Sign and stamp — apply your signature and notary stamp
Certificate of Acknowledgment
The acknowledgment certificate is the formal wording that accompanies the document. New York has statutory forms for various situations:
Individual Acknowledgment
For documents signed by an individual in their own capacity:
State of New York )
) ss.:
County of _________ )
On the ___ day of _________ in the year ____, before me, the undersigned,
personally appeared _________________________, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s),
or the person upon behalf of which the individual(s) acted, executed the
instrument.
_______________________________
Notary Public
On the Exam
Expect 3-5 questions on acknowledgments:
- Personal appearance: Always required
- Witnessing signature: NOT required
- Already signed documents: Can be acknowledged
- Purpose: Confirm signature is genuine and voluntary
Must a notary witness the actual signing of a document to take an acknowledgment?
What is the primary purpose of an acknowledgment?