Understanding the difference between an acknowledgment and a jurat is critical for anyone involved in the execution of legal documents in Texas whether you're a lawyer, a notary public, or a member of the general public handling your own legal matters.
Acknowledgements: Verifying Identity, Not Content
In Texas, a notarial acknowledgment is used when the signer of a document appears before the notary and is either personally known to the notary or provides satisfactory evidence of identity. The notary's role is not to attest to the truthfulness of the contents of the document, but simply to confirm that the person signing is who they claim to be.
For instance, when preparing a deed, lawyers typically use an acknowledgment. In such cases, the notary includes language indicating that the individual personally appeared before them and acknowledged executing the document. The notary may verify identity via personal knowledge or an ID, and their certification essentially says: "This is the person who signed."
It’s important to understand that an acknowledgment does not certify the truth of what’s in the document—just the identity of the person signing it.
Jurats: Swearing to the Truth
Unlike an acknowledgment, a jurat involves an oath. When a notary executes a jurat, the signer must appear in person and swear or affirm that the contents of the document are true. This form of notarization is typically used for affidavits, depositions, or other sworn statements.
The language usually reads something like: “Sworn to and subscribed before me on this ___ day of ___.” This implies a formal promise that the statements within the document are accurate to the best of the signer’s knowledge.
When to Use Which
Choosing between an acknowledgment and a jurat depends on the function of the document:
- Use an acknowledgment when you simply need to confirm identity and signature, such as with deeds or powers of attorney.
- Use a jurat when the document contains factual assertions that the signer must swear to be true, like in affidavits.
If you are a notary, attorney, or someone handling your own legal paperwork, using the correct notarization form is essential for the document’s validity and legal effect.
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