Do you know the difference between an acknowledgement and an oath/affirmation as it pertains to a Notary Public and the Notarial Certificate?
Usually, you know when a document needs to be notarized because you’ll see a block toward the end of your document below your signature that looks like:
STATE OF FLORIDA
COUNTY OF
Then some other language with a date and blanks for your name and signature with the words Notary Public underneath it.
This is known as the Notarial Certificate. But the “other language” in that Notarial Certificate is what indicates to us Notaries whether or not we should be performing an acknowledgement or an oath/affirmation from our signers. Those words will also tell us whether or not we can accept a document that was signed outside of our presence.
Acknowledgements
Shockingly, if you see the words “acknowledged before me…” this document requires an acknowledgement from the Notary. What?!?! You’re kidding! I know, right? Seriously, though, this document you may sign outside of the presence of the Notary Public. (Now, that doesn’t mean tht you can send a friend to the Notary’s office with your identification! You, the signer, need to present yourself to the Notary.) Upon a review of the document, the Notary will ask that you acknowledge that you understand the document and that you signed it voluntarily for its stated purpose.
Oaths/Affirmations
A document that requires an oath or affirmation will have language that says “sworn and subscribed…” An oath is an attestation “calling upon God or a god to witness to the truth” (“Oath”; Merriam-Webster); whereas an affirmation is an attestation of truthfulness without the witnessing of God. The Notary can use either the oath or affirmation depending on the request of the signer. These documents cannot be signed in advance and must be signed in the presence of the Notary. Upon signing the Notary will ask:
Oath: Do you swear under penalties of perjury that the information contained in this document is true and accurate, so help you God?
Affirmation: Do you affirm under penalties of perjury that the information contained in this document is true and accurate?
[ASN, 2022, pg. 37]
But what if you document doesn’t have a Notarial Certificate? If your document have this Certificate but someone is asking you to have it notarized then you should consider what is being ask of you in the document. Is the document asking for you to agree to certain items listed in the document or is it asking for information from you.
Typical documents requiring an acknowledgement:
Most real estate transactions
Deeds
Contracts
Powers of Attorney
Documents containing terms which the signer must agree.
[ASN, 2022, pg. 31]
Typical document requiring an oath/affirmation:
Applications
Affidavits
Documents containing information that is relevant to the signer and in which the signer must state is accurate.
[ASN, 2022, pg36]
As you can see, the two are very different and the decision as to which notarial act and, ultimately, which Notarial Certificate your Notary attaches to your document is up to you and/or the person/entity requesting the notarization. The Notary can only explain to you the difference of the two and let you make the choice.
If you have any questions, please do not hesitate to contact me:
Shannon “Ivy” Colón, Florida Notary Public
Certified Remote Online Notary
NNA Certified Notary Signing Agent (background screened)
(561) 325- 8579
Please note that the above was provided for informational purposes only and should be construed as legal advice. I am not a license attorney and cannot give legal advice. If you have legal questions, please contact a Florida licensed attorney. I can provide you with a referral if you need one.
1. American Society of Notaries (1991-2022). Florida Notary HANDBOOK.
2. Merriam-Webster. https://www.merriam-webster.com/dictionary/oath
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