Nearly every notarization is one of two acts. They look similar on paper, but they certify different things, and using the wrong one can get your document rejected.
Acknowledgment
In an acknowledgment, you declare to the notary that you signed the document and did so willingly. The notary certifies your identity and that you acknowledged the signature.
- Used for deeds, mortgages, powers of attorney, and most contracts.
- The wording usually begins "On the ___ day of ___, before me personally appeared..."
- You do not swear to anything about the contents.
Jurat
In a jurat, you sign in front of the notary and swear or affirm that the contents of the document are true. The notary administers the oath.
- Used for affidavits, sworn statements, and many applications.
- The wording usually reads "Sworn to before me this ___ day of ___."
- You must sign in the notary's presence. Lying under that oath can be perjury.
Side by side
| Acknowledgment | Jurat | |
|---|---|---|
| What you declare | That the signature is yours and voluntary | That the contents are true |
| Oath | No | Yes |
| Sign in front of the notary | Best practice | Required |
| Typical documents | Deeds, mortgages, powers of attorney | Affidavits, sworn statements |
Why the notary cannot choose for you
Deciding which notarial act a document needs is a legal judgment, and a notary who is not an attorney is not permitted to make it. If your document has no notary wording, ask the agency or person who requested it which act they want. Once you tell the notary, they can attach the right certificate.
Other acts you may run into
- Oath or affirmation: a spoken oath with no document signature, for example swearing in a witness.
- Copy certification: New York notaries cannot certify copies of public records such as birth certificates. Certified copies come from the office that issued the record.
Common questions
What if my document has no notary section?
Ask the person or agency that needs the document which notarial act they require. The notary can then attach the correct certificate.
Can a New York notary certify a copy of my birth certificate?
No. Certified copies of vital records come from the issuing office.
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This guide is general information about New York notarial practice. It is not legal advice. For advice about your situation, consult a New York attorney.