Acknowledgement Flashcards
What is an Acknowledgment?
An acknowledgment is the notarial certificate attached to a document when the notary public confirms the identity of the signer and the signer acknowledges being the signer of the document. The certificate of acknowledgment is identified by the wording “whose name is subscribed to the within instrument and acknowledged to me that he executed the same. . ..” A certificate of acknowledgment often will be found at the end of a document.
How to perform an Acknowledgment?
To perform an acknowledgment, a notary public must:
• Examine the document for completeness;
• Confirm the identity of the signer (based on satisfactory evidence) and the signer’s
acknowledgment of the signature;
• Complete a journal entry for the transaction; and
• Attach a completed certificate of acknowledgment to the document or complete the certificate of acknowledgment at the end of the document.
How to complete a Certificate of Acknowledgment?
A certificate of acknowledgment must be completed at the time the notary public’s signature and seal are affixed to the document. The certificate of acknowledgment cannot be added to or altered after the notary public’s seal and signature are affixed to the document.
Under no circumstances can the signature and seal be affixed in advance of the notarization of a signature.
Since January 1, 2006, the California certificate of acknowledgment has been required to be exactly in the form in California Civil Code section 1189, rather than “substantially” in the form in the statute.
Also, the certificate of acknowledgment must be executed under penalty of perjury.
The following specific disclaimer must appear at the top of the certificate of acknowledgement: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.”
It must be in an enclosed box, appear at the top of the certificate and be legible, i.e. in a font or typeface that is readable and does not impair its readability.
How to confirm identity for an Acknowledgment?
A notary public must confirm that the person signing the document and acknowledging the signature is the person described in the document as the signer. A notary public must confirm the identity of the signer by obtaining satisfactory evidence. The signer’s identity may be established by the oaths or affirmations of one or two credible witnesses, or the signer may present the required identification document.
With respect to taking an acknowledgment and completing the certificate of acknowledgment, the signer does not need to sign the document in front of the notary public, but the signer must personally appear before the notary public and acknowledge to the notary public that he or she signed the document.
