California Notary Public Exam Acknowledgments and Jurats Summary

In an acknowledgment, the signer personally appears before the notary, proves identity with satisfactory evidence, and declares that they signed the document. The signer may have signed earlier.

Wrong choices

• Swear that the contents of the document are true: A sworn statement of truth is part of a jurat, not an acknowledgment.
• Sign the document in front of the notary: This is required for a jurat, not an acknowledgment.
• Mail the signed document to the notary: The signer must appear in person; mailing is not allowed.

For a jurat, the signer signs in the notary's presence, and the notary administers an oath or affirmation. The notary also identifies the signer with satisfactory evidence.

Wrong choices

• An acknowledgment: An acknowledgment does not require an oath or signing in front of the notary.
• A protest: A protest concerns unpaid bills of exchange, not a signer's oath.
• A certified copy: A certified copy is about copying a document, not about a signer's oath.

California certificates carry a notice stating that the notary verifies only the identity of the individual who signed the document, and not the truthfulness, accuracy, or validity of that document.

Wrong choices

• That the document is true and accurate: The notice says the notary does not verify the truthfulness or accuracy of the document.
• That the signer understood every part of the document: The notice does not say this.
• That the document is legally valid: The notice says the notary does not verify the validity of the document.

Both acknowledgments and jurats require the signer to personally appear before the notary. A phone call does not meet this requirement.

Wrong choices

• Yes, for acknowledgments but not for jurats: Acknowledgments also require personal appearance.
• Yes, if the signer sends a copy of their ID: Mailing an ID does not replace appearing before the notary.
• Yes, if the notary recognizes the signer's voice: Recognizing a voice is not personal appearance or satisfactory evidence.

For an acknowledgment, the signer does not have to sign in the notary's presence. The signer must personally appear, prove identity, and acknowledge the signature as theirs.

Wrong choices

• Refuse, because every signature must be made in front of the notary: That rule applies to jurats, not acknowledgments.
• Use a jurat instead, without asking her: The notary does not choose the certificate, and a jurat would need a new signature in the notary's presence.
• Have her sign a second time beside the first signature: Signing again is not required for an acknowledgment.

An affirmation is a solemn promise on personal honor that does not refer to God. It has the same legal effect as an oath, so a notary may give an affirmation to a person who prefers not to swear.

Wrong choices

• Refuse to complete the jurat: There is no need to refuse. An affirmation may be used.
• Have a witness swear the oath for the affiant: The affiant must make the promise personally.
• Complete the jurat without any oath or affirmation: A jurat always requires an oath or affirmation.

An affidavit is a written statement that the signer swears or affirms is true. The notary completes a jurat after the signer signs in front of the notary and takes an oath or affirmation.

Wrong choices

• A proof of execution: A proof uses a subscribing witness and does not swear to the contents.
• An acknowledgment: An acknowledgment confirms a signature, not a sworn statement of truth.
• A certified copy: A certified copy confirms a copy matches an original.

California law requires the notary to verify the signer's identity with satisfactory evidence for a jurat, just as for an acknowledgment. The signer must also sign in the notary's presence and take an oath or affirmation.

Wrong choices

• Only when the document affects real property: Identification is required for every jurat.
• Only if the signer asks the notary to check ID: The notary must always identify the signer, whether asked or not.
• No, the oath is enough: The oath does not replace proof of identity.

The California acknowledgment form ends with the notary certifying under penalty of perjury under the laws of the State of California that the paragraph is true and correct.

Wrong choices

• The terms of the notary's bond: The bond is a financial guarantee, not the basis of the statement.
• The signer's oath: An acknowledgment does not include an oath by the signer.
• The county clerk's seal: The county clerk does not take part in the certificate.

Choosing the type of notarial act can affect a person's legal rights, so a notary who is not an attorney should not decide. The signer, or the agency or person who drafted the document, should make that choice.

Wrong choices

• Complete both certificates on the document: Adding certificates the signer did not ask for is not proper.
• Choose the jurat, because it is the safest choice: Choosing for the signer may be giving legal advice.
• Choose the acknowledgment, because it is the most common: The notary may not pick the certificate for the signer.