Acknowledgments
The purpose of an acknowledgment is to ensure that the document’s signer is who they claim to be and has voluntarily signed the document. Acknowledgments often are needed for documents concerning valuable assets, such as deeds, mortgages, and deeds of trust.
To perform an acknowledgment, the signer must personally appear before the Notary at the time of notarization to be positively identified and to declare — or “acknowledge” — that the signature on the document is their own and that they signed willingly.
While it is common practice for your client to sign the document in front of the Notary at the time of the notarization, it is not necessary. Your client may sign the document before bringing it to you and declare — or acknowledge — to you that the signature on the document is theirs.
Jurats
The purpose of a jurat is for a signer to swear or affirm that the contents of a document are true. Depending on the jurisdiction, it can also be known as an affidavit, a verification on oath, or an affirmation.
For a jurat, the signer must personally appear before the Notary and sign the document in their presence. The Notary must then administer an oath or affirmation and have the signer speak aloud his or her promise that the statements in the document are true. The choice between an oath or affirmation should be made by the signer.
Administering the oath or affirmation is a vital part of performing a jurat or verification because the signer is affirming that the contents of the document are true. If the contents are not true, he or she may be prosecuted for perjury.
Oaths/affirmations
Sometimes, a client may simply need a Notary to administer an oath or affirmation orally rather than as part of a jurat, affidavit, or other written document. The purpose of administering a verbal oath or affirmation is, again, to compel a client to truthfulness.
An oath is a solemn pledge to a Supreme Being. An affirmation is a solemn pledge on the individual’s personal honor. Again, the choice should be made by the signer.
Copy certification
A copy certification confirms that a reproduction of an original document is a full, true, and accurate transcription or reproduction of the original.
Documents requiring copy certification may include diplomas, driver’s licenses, leases, contracts, vehicle titles, Social Security cards, medical records, and bills of sale.
To perform a copy certification, the person in possession of an original document (also known as the “document custodian”) takes the original document to a Notary. The Notary typically makes a photocopy of the document and completes a certificate for the copy certification to confirm that the photocopy is a true, accurate, and complete copy of the original.
Colorado forbids the copy certification of vital records, which are public documents such as birth, death, and marriage certificates. Certified copies of these documents typically must be obtained from the agency that holds the originals.
Signature witnessing
Colorado authorizes Notaries to perform a signature witnessing. With this notarial act, the Notary certifies that the individual appearing before them is who he or she claims to be, and the signature on the record is the signature of the individual before them.
The main difference between a signature witnessing and an acknowledgment is that the Notary witnesses the document being signed. The main difference between a signature witnessing and a jurat, affidavit, or verification upon oath or affirmation is that, with a signature witnessing, the Notary does not administer an oath.