Choosing Your Notarial Act: A Guide for Signers

Signer is responsible for choosing

Introduction: Why Do I Need to Choose?

This guide explains your role in the notarization process. Under the law, you, the signer, are required to choose the type of notarial act needed for your document. A Notary Public acts as an impartial witness and is strictly prohibited from offering legal advice. This prohibition includes selecting the notarial act on your behalf, as doing so could be considered the unlicensed practice of law.

The law requires that you, the document signer, choose the specific notarial act you need. This guide will explain your options so you can make an informed choice and ensure the notarization process is both smooth and correct.

The Two Most Common Notarial Acts at a Glance

The vast majority of notarizations fall into one of two categories: an Acknowledgment or an Oath/Affirmation. The table below provides a quick comparison.

Feature	Acknowledgment	Oath or Affirmation
Purpose	To declare that you signed a document voluntarily and understand it.	To swear or affirm that the contents of a document are true.
Your Statement	You are stating, "I understand this document and signed it willingly."	You are stating, "The information in this document is the absolute truth."
Key Focus	The focus is on the voluntariness of your signature.	The focus is on the truthfulness of the document's contents.

To make the correct choice, it is essential to understand the specific language and legal implications of each act.

A Closer Look at Your Options

Option 1: The Acknowledgment

An acknowledgment is a formal declaration before a Notary that you have willingly signed a document. This act primarily serves to certify your identity and confirm that you executed the document of your own free will. When you request an acknowledgment, remember that, as the law states, "It is the sole responsibility of the signer to understand the contents of and the effect of signing the document when the notarial act is an acknowledgment."

Official Verbal Ceremony:

"Do you acknowledge or declare that you understand this document and have signed it voluntarily for the purposes stated in it?"

Option 2: The Oath or Affirmation

An oath or affirmation is required when you must attest to the truthfulness of the information contained within the document. With this act, you are personally "accountable for the contents of the document." If the statements later prove to be false, you could be subject to penalties for perjury.

There are two slightly different ceremonies for this act:

• An Oath is a solemn promise that may invoke a deity.

• An Affirmation is an equally solemn promise made upon one's personal honor.

Official Verbal Ceremony:

• For an Oath:

• For an Affirmation:

With these distinctions in mind, review the final reminders below.

Final Compliance Checklist

• The Notary cannot choose for you. If you are still unsure which act your document requires after reading this guide, you must consult the person or agency that requested the document, or seek advice from a qualified attorney. The Notary can only proceed at your direction, as choosing the act for you would constitute the unlicensed practice of law.

• The Notary is an impartial witness. The act of notarization verifies the signing ceremony itself; it does not make the contents of your document true, correct, or legally valid. That responsibility remains entirely with you, the signer.

Ready to Proceed?

Once you have chosen the appropriate notarial act, please inform the Notary so they can officially proceed.