Quick Reference: Acknowledgments vs. Jurats
Acknowledgment:
- Purpose: Verify identity of signer
- Signing: Can sign before or during appointment
- Oath Required: No
- Common Documents: Deeds, Powers of Attorney
- Certificate: Civil Code § 1189 wording
Jurat:
- Purpose: Verify truthfulness AND identity
- Signing: MUST sign in your presence
- Oath Required: YES (mandatory)
- Common Documents: Affidavits, Sworn Statements
- Certificate: Government Code § 8202 wording
Key Terms Defined:
- Acknowledgment: Notarial act where signer confirms they signed the document voluntarily - verifies identity only
- Jurat: Notarial act where signer swears/affirms truthfulness under penalty of perjury - verifies both identity and truthfulness
- Oath: Pledge to a supreme being ("so help you God")
- Affirmation: Pledge on personal honor (no reference to God)
- Boxed Notice: Mandatory disclaimer on all California notary certificates stating the notary only verifies identity, not truthfulness
If you are new to the notary world, the terms "Acknowledgment" and "Jurat" probably sound like a foreign language. But you cannot pass the exam (or do your job) without knowing exactly what they mean.
These are the two primary "Official Acts" you will perform every day. They are not interchangeable. Using the wrong one is a violation of the law.
This guide translates the legal jargon into plain English so you can spot the difference instantly.
1. The Acknowledgment (The "Identity" Check)
What it is: An Acknowledgment certifies that the signer personally appeared before you, you verified their identity, and they acknowledged (verbally confirmed) that they signed the document.
Acknowledgment Key Rules
| Rule | Details |
|---|---|
| Purpose | To prevent forgery. It proves the person who signed the document is who they say they are. |
| Signing | The document can be signed before they meet you or in your presence. It doesn't matter, as long as they acknowledge the signature is theirs. |
| The Certificate | You must use the specific statutory wording found in Civil Code § 1189. |
| Oath Required | No |
Coach's Tip: Think of an Acknowledgment as saying: "I verified this is John Doe, and he told me he signed this." You are NOT verifying the truth of the document, just the identity of the signer.
2. The Jurat (The "Truth" Check)
What it is: A Jurat certifies that the signer personally appeared, you verified their identity, they signed the document in your presence, and you administered an oath or affirmation regarding the truthfulness of the document.
Jurat Key Rules
| Rule | Details |
|---|---|
| Purpose | To compel truthfulness. It makes the document a sworn statement (like an affidavit). |
| Signing | The signer MUST sign in your presence. If they bring a pre-signed document, they must re-sign it or sign a fresh copy in front of you. |
| The Oath | You must watch them sign and then ask them to swear/affirm the contents are true. |
| The Certificate | You must use the wording found in Government Code § 8202. |
Coach's Tip: Think of a Jurat as saying: "I watched John Doe sign this, and he swore under penalty of perjury that the content is true."
3. The Oath vs. The Affirmation
For every Jurat (and some depositions), you must administer a spoken pledge.
Oath vs. Affirmation
| Type | Definition | Example |
|---|---|---|
| Oath | A pledge to a supreme being | "Do you solemnly swear under penalty of perjury... so help you God?" |
| Affirmation | A pledge on one's own personal honor | "Do you solemnly affirm under penalty of perjury...?" |
The Rule: Both have the exact same legal weight. You should ask the signer which they prefer. Failing to administer this spoken oath for a Jurat is a violation punishable by a $750 fine under Government Code § 8214.1.
4. Cheat Sheet: Acknowledgment vs. Jurat
Acknowledgment vs. Jurat Comparison
| Feature | Acknowledgment | Jurat |
|---|---|---|
| Primary Purpose | Verify Identity | Verify Truthfulness & Identity |
| Signer Appearance | Mandatory | Mandatory |
| When to Sign? | Before or During appointment | ONLY During appointment |
| Spoken Oath? | No | YES (Mandatory) |
| Common Documents | Deeds, Powers of Attorney | Affidavits, Sworn Statements |
| Civil Penalty (False Cert) | $10,000 Max | $1,500 Max |
| Certificate Source | Civil Code § 1189 | Government Code § 8202 |
5. The "Boxed Notice" Requirement
If you look at a California notary certificate, you will see a box at the top with a disclaimer.
The Text: "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
The Rule: This notice is Mandatory for both Acknowledgments and Jurats performed in California.
The Trap: If you use an old form that is missing this box, you are breaking the law. Always check your certificates to ensure they include the boxed notice.
6. Common Mistakes to Avoid
Top Mistakes with Acknowledgments and Jurats
- Using Wrong Certificate: Using an Acknowledgment when a Jurat is required (or vice versa)
- Pre-Signed Jurat: Performing a Jurat on a document that was signed before the appointment
- Missing Oath: Failing to administer the spoken oath/affirmation for a Jurat
- Missing Boxed Notice: Using certificates without the mandatory disclaimer box
- Choosing for Client: Selecting which certificate to use (constitutes unauthorized practice of law)
Frequently Asked Questions (FAQ)
Can I decide which certificate to use?
No. Selecting the form constitutes the "Practice of Law," which is illegal for notaries under Government Code § 8205. The signer (or the agency receiving the document) must decide. You can show them samples and ask, "Do you need an Acknowledgment or a Jurat?" but you cannot choose for them.
What if the document is already signed and they need a Jurat?
You cannot perform a Jurat on a pre-signed signature. You must have the signer sign the document again in your presence. For a Jurat, the signer MUST sign in your presence while you watch.
Do I need to verify identity for a Jurat?
Yes. Just because they are swearing to the truth doesn't mean you skip the ID check. You must verify the identity of the signer for every notarial act using satisfactory evidence (ID cards or credible witnesses) under Government Code § 1185.
Can I give an oath for an Acknowledgment?
You don't have to, but you can. However, the mandatory part of an Acknowledgment is the verbal acknowledgment ("Did you sign this?"), not a sworn oath. The oath is only required for Jurats.
What's the difference between an oath and an affirmation?
Both have the same legal weight. An oath references a supreme being ("so help you God"), while an affirmation is a pledge on personal honor. You should ask the signer which they prefer. Some people have religious objections to oaths.
Can I use an old certificate form that doesn't have the boxed notice?
No. The boxed notice is mandatory for all California notary certificates. Using an old form without the notice is a violation. Always ensure your certificates include the mandatory disclaimer box.
What happens if I use the wrong certificate?
Using the wrong certificate can invalidate the document and may result in civil penalties. If you perform an Acknowledgment when a Jurat is required (or vice versa), the document may be rejected by the receiving agency, causing delays and potential legal issues for the signer.
Can I notarize a document that has both an Acknowledgment and Jurat section?
No. A document should have only one notarial certificate. If a document has both sections, the signer must choose which one they need. You cannot complete both.
Next Steps: Master the Difference
Now that you understand Acknowledgments and Jurats:
- Memorize the Key Difference: Acknowledgment = Identity only, Jurat = Identity + Truthfulness
- Remember Signing Rules: Acknowledgment can be pre-signed, Jurat MUST be signed in your presence
- Always Administer Oath for Jurats: Failing to do so is a $750 violation
- Use Correct Certificate Wording: Civil Code § 1189 for Acknowledgments, Government Code § 8202 for Jurats
Learn more about notary best practices
Last updated: January 2025. Based on the Official 2025 California Notary Public Handbook, Civil Code § 1189, and Government Code § 8202.