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Understanding Different Types of Notarial Acts | Certified Mobile Notary Service

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Understanding Different Types of Notarial Acts | Certified Mobile Notary Service

Understanding Different Types of Notarial Acts | Certified Mobile Notary Service 1

As a Notary Signing Agent, understanding the several types of notarial acts is essential for providing accurate and efficient services to your clients.

Whether you are notarizing a real estate document, a power of attorney, or an affidavit, each document requires a specific notarial act to be performed. This article will explore the most common types of notarial acts, their significance, and when they are used.

ACKNOWLEDGEMENTS

One of the most frequently performed notarial acts. When a client signs a document, the purpose of the acknowledgement is to verify that the signature is authentic and was made willingly by the individual named in the document.

In an acknowledgement, the signer must personally appear before the Notary, but they are not required to sign in the Notary’s presence. The Notary’s role is to confirm the identity of the signer using valid identification and ensure the signer understands the nature of the document.

Acknowledgements are commonly used in real estate transactions, powers of attorney, and other important legal documents.

When to Use an Acknowledgement:

  • Deeds and property transfers
  • Mortgage documents
  • Trusts
  • Power of attorney forms

JURATS

This is used when a document needs to be sworn or affirmed as true in the presence of the Notary. In this notarial act, the signer must not only appear before the Notary but also sign the document in their presence. The signer then takes an oath or affirmation, declaring that the contents of the document are true and correct to the best of their knowledge.

The primary difference between a jurat and an acknowledgement is that the jurat involves the administration of an oath or affirmation, while an acknowledgement focuses solely on verifying the signature.

When to Use a Jurat:

  • Affidavits
  • Legal depositions
  • Applications requiring sworn statements

OATHS & AFFIRMATIONS

Oaths and affirmations are formal promises made by the signer regarding the truthfulness of the information contained in a document. While similar in nature, an oath involves a pledge to a higher power or deity, whereas an affirmation is a solemn promise without invoking any religious context.

As a Notary, you may be called upon to administer oaths or affirmations in both jurats and standalone situations where a sworn statement is necessary.

When to Administer Oaths or Affirmations:

  • Witness testimony
  • Sworn statements.
  • Certain business or legal proceedings

4. COPY CERTIFICATION

A copy certification is a notarial act in which the Notary verifies that a photocopy of a document is an exact, accurate reproduction of the original. This type of notarial act is especially useful for clients who need to present copies of important documents, such as diplomas, contracts, or legal records, to different institutions or entities. The Notary will ensure the original document and its copy match before certifying it.

However, not all states allow Notaries to certify copies of certain documents, such as birth certificates or other government-issued records. Always check your state’s regulations to ensure compliance.

When to Use Copy Certification:

  • Verifying the authenticity of photocopies of original documents.
  • Certifying copies of contracts, diplomas, or other personal records.

SIGNATURE WITNESSING

Signature witnessing, also known as “attesting a signature,” is a straightforward notarial act where the Notary witnesses the signer’s execution of the document. In this case, the Notary’s primary duty is to confirm the signer’s identity and watch them sign the document. Unlike acknowledgements, the signer must sign the document in the Notary’s presence.

While less formal than an acknowledgement or jurat, signature witnessing still plays a crucial role in ensuring the validity of signatures on important documents.

When to Use Signature Witnessing:

  • Simple contracts
  • Parental consent forms
  • Business agreements

PROTESTS

Protests are a less common type of notarial act and are typically associated with financial documents, especially negotiable instruments like checks, promissory notes, and bills of exchange. A protest occurs when a financial instrument has been dishonored, usually due to non-payment or refusal to accept the instrument. In this case, the Notary certifies that the payment was not made, or the instrument was not accepted.

Protests are primarily used in banking or commercial settings and require specialized knowledge to perform correctly. Not all Notaries handle protests, as the rules for performing them vary by jurisdiction.

When to Use Protests:

  • Non-payment of promissory notes or checks
  • Financial disputes related to negotiable instruments.

Understanding the diverse types of notarial acts is key to providing professional and reliable services as a Mobile Notary. Whether you are performing an acknowledgement, administering an oath, or certifying a copy, each notarial act serves a specific purpose and requires careful attention to detail. As a Notary, being familiar with these processes ensures that you can guide your clients effectively and ensure that all legal requirements are met.

For those seeking Mobile Notary services, Certified Mobile Notary Service is here to help. Our experienced Notaries are well-versed in all types of notarial acts and can assist you with any document notarization needs. Whether it is real estate transactions, affidavits, or financial documents, we provide convenient, professional, and trustworthy Mobile Notary services at your location.

Contact us today for more information or to schedule your next notarial service! For more details, visit this link: https://certifiedmobilenotaryservice.com or give us a call at (405) 568-7539.

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