Notary Terms and Why Understanding These Terms Matters

Notarization is the official process a notary public performs to verify the authenticity of a signature on a document. This process involves confirming the identity of the signer, witnessing the signing, and ensuring the signer is aware of the document’s contents. It typically includes adding a notary seal and signature, which make the document legally binding.

An acknowledgment is a type of notarization confirming that the signer personally appeared before the notary and acknowledged signing the document willingly. This term is often used in property deeds, affidavits, and powers of attorney. It differs from other notarial acts because the document can be signed ahead of time, as long as the signer confirms to the notary that it was indeed their signature.

A jurat is another common notarial act that requires the signer to swear or affirm that the content of the document is true. It involves the notary witnessing the signing and then administering an oath or affirmation. Jurats are commonly used in affidavits and depositions, where truthfulness is critical. Unlike acknowledgments, a jurat requires the document to be signed in the notary’s presence.

An oath or affirmation is a declaration that a person makes, either swearing to the truthfulness of a statement (oath) or affirming it without invoking a religious basis (affirmation). Notaries administer these for documents requiring a jurat. Both carry the same weight legally, and the choice depends on the signer’s personal preference.

An affidavit is a written statement of facts sworn or affirmed to be true by the signer in the presence of a notary. Affidavits are used in many legal settings, including court cases and official documentation. The notary’s role is to confirm the identity of the person making the statement and administer an oath or affirmation.

A power of attorney is a legal document that grants one person (the agent) authority to act on behalf of another person (the principal) in legal or financial matters. Many states require POAs to be notarized for validity, as notarization adds a layer of verification, ensuring the principal’s consent.

An apostille is a certification that verifies the authenticity of a notarized document for use in a foreign country. It’s required for documents that will be used internationally, such as marriage certificates or academic diplomas. Notaries often notarize documents before they are apostilled, adding a layer of validation to international transactions.

Signature witnessing is a simpler notarial act where the notary confirms the identity of the signer and observes the signing of the document. Unlike acknowledgments, the signer must sign in the notary’s presence. This is often used in situations where proof of identity and intent is needed.

The principal is the person who authorizes a document and requires notarization. They are the individual whose identity and intent the notary verifies. In documents like powers of attorney, the principal grants authority to another individual, the agent, to act on their behalf.

An agent, or attorney-in-fact, is the person authorized to act on behalf of the principal in a power of attorney document. This role carries significant legal responsibility, especially in financial or medical decision-making. Notaries ensure that both the principal and the agent understand their roles and responsibilities.

A credible witness is a person who can vouch for the identity of a signer in cases where the signer doesn’t have acceptable identification. The witness must personally know the signer and have valid ID. This process provides an alternative way to verify identity, especially when the signer lacks government-issued identification.

A notarial certificate is the written statement the notary signs and attaches to a document. This certificate outlines the type of notarial act performed (acknowledgment, jurat, etc.) and includes details like the date, venue, and notary’s signature and seal.