Key Takeaways
- An acknowledgment verifies the signer's identity and voluntary signature
- No oath is required—signer does NOT swear to document contents
- Signature may be made before appearing before the notary
- Signer must personally appear before the notary
- Must use proper acknowledgment certificate language
Acknowledgments
The acknowledgment is the most frequently performed notarial act. Understanding what an acknowledgment is—and what it is NOT—is essential for every Ohio notary.
What Is an Acknowledgment?
An acknowledgment is a declaration by a signer before a notary public that:
- The signer voluntarily signed the document
- The signer is the person identified in the document
- If signing in a representative capacity, the signer has proper authority
Critical Points About Acknowledgments
No Oath About Document Contents
In an acknowledgment, the notary does NOT administer an oath about whether the document's contents are true. The signer is only acknowledging their signature and identity.
Ohio Law Change (2025): House Bill 315 removed language requiring the acknowledgment certificate to state that no oath was given. However, the principle remains the same—an acknowledgment is NOT a sworn statement.
Timing of Signature
Unlike a jurat, the signer does NOT need to sign the document in the notary's presence. The signer may have signed the document:
- Earlier that day
- Days or weeks before
- In another location
As long as the signer acknowledges to the notary that the signature is theirs, the acknowledgment is valid.
Personal Appearance Still Required
Although the signature can be made in advance, the signer MUST personally appear before the notary to make the acknowledgment. The notary must:
- Identify the signer (by ID or personal knowledge)
- Hear the signer acknowledge the signature
- Complete the acknowledgment certificate
2025 Ohio Acknowledgment Forms
House Bill 315 added new statutory short forms for acknowledgments, including for limited liability companies.
Individual Acknowledgment
| Element | Example |
|---|---|
| State/County | State of Ohio, County of Franklin |
| Date | On [date] |
| Appearance | before me, [notary name], a notary public |
| Signer | personally appeared [signer name] |
| ID Method | to me known (or proved to me) |
| Acknowledgment | who acknowledged the signing of the foregoing instrument |
| Purpose | for the purposes therein contained |
Representative Capacity Acknowledgment
When someone signs on behalf of an entity (corporation, LLC, partnership), the acknowledgment must also confirm:
- The representative's authority to sign
- The name of the entity being represented
- The representative's position/title
New LLC Acknowledgment Form (2025)
House Bill 315 added a statutory short form specifically for LLCs:
"Before me, a notary public, personally appeared [name], who acknowledged signing the foregoing instrument as [title] of [LLC name], a limited liability company, for the purposes therein contained."
Acknowledgment Certificate Requirements
Every acknowledgment certificate must include:
| Required Element | Purpose |
|---|---|
| State and county | Jurisdiction of notarization |
| Date of notarization | When the act was performed |
| Statement of personal appearance | Confirms signer appeared before notary |
| Method of identification | How the notary identified the signer |
| Notary signature | Authenticates the certificate |
| Notary seal/stamp | Official mark of the notary |
| Expiration date | Shows notary was commissioned |
Common Acknowledgment Mistakes
| Mistake | Problem | Solution |
|---|---|---|
| Administering an oath | Wrong notarial act | No oath for acknowledgments |
| Not verifying identity | Invalid notarization | Always check ID |
| Missing seal | Incomplete certificate | Always affix seal |
| Wrong date | Document integrity issue | Use actual date of appearance |
| Signer not present | Invalid notarization | Signer MUST appear before notary |
On the Exam
Key points tested about acknowledgments:
- No oath required: Most common exam question about acknowledgments
- Signature before appearance OK: Unlike jurats
- Personal appearance required: Always
- Purpose: Verify identity and voluntary signature
- Certificate elements: Know what must be included
In an acknowledgment, what does the signer declare to the notary?
When must the document be signed for an acknowledgment?
Which statement about acknowledgments is TRUE?