What Is a Notarial Certificate? Key Facts You Need to Know
When you sign an important document, you may notice a section at the end containing the notary’s signature, seal, commission information, and language identifying the notarial act. This section is commonly known as a notarial certificate.
Although a notarial certificate may look like a simple form attached to a document, it serves an important purpose. It records the notarial act performed by the notary and provides information about what occurred during the notarization.
Understanding what a notarial certificate is can help you avoid mistakes when signing contracts, affidavits, powers of attorney, real estate documents, business paperwork, and other documents that require notarization.
It is also important to understand that a notarial certificate is not the same thing as the document being notarized. The certificate documents the notary’s act, while the underlying document contains the transaction, statement, agreement, or other information being signed.
In this guide, we will explain what a notarial certificate is, what information it typically contains, the difference between acknowledgments and jurats, why the certificate matters, common mistakes to avoid, and what you should know before appearing before a notary public.
What Is a Notarial Certificate?
A notarial certificate is a written statement completed by a notary public that identifies the notarial act performed on a document.
The certificate generally indicates important details about the notarization, such as the type of notarial act, the date of the notarization, the identity or appearance of the signer, and the notary’s official information.
The exact wording and required elements of a notarial certificate can vary depending on the jurisdiction and the type of notarial act being performed.
A notarial certificate may appear directly on the document or on a separate certificate attached to the document.
Examples of documents that may contain notarial certificates include:
- Affidavits
- Powers of attorney
- Real estate documents
- Contracts
- Declarations
- Business documents
- Financial documents
- Estate planning documents
- Consent forms
- Documents intended for international use
Why Is a Notarial Certificate Important?
The notarial certificate provides a record of the notarial act. It helps establish what the notary did and under what circumstances the act was performed.
For example, a certificate may indicate that a signer personally appeared before the notary and acknowledged signing a particular document.
In another situation, the certificate may indicate that the signer swore to or affirmed the truthfulness of statements contained in a document.
The certificate therefore provides important information about the nature of the notarization.
For organizations receiving notarized documents, the certificate can also provide evidence that the document went through the required notarial procedure.
What Information Does a Notarial Certificate Contain?
The exact contents of a notarial certificate vary, but many certificates contain several common elements.
Venue
The certificate commonly identifies the jurisdiction where the notarial act occurred. This may include the state and county or another legally relevant location.
The venue is important because a notary’s authority is generally connected to the jurisdiction in which the notarial act is performed.
Date of the Notarial Act
The certificate normally identifies the date on which the notarial act occurred.
This provides a record of when the signer appeared before the notary and when the notarial act was completed.
Identification of the Notarial Act
The certificate generally identifies what type of notarial act was performed.
Two common types are an acknowledgment and a jurat.
Signer Information
The certificate typically identifies the person who appeared before the notary. The exact wording depends on the applicable certificate and jurisdiction.
Notary Signature
The notary generally signs the certificate after completing the required notarial act.
Notary Seal or Stamp
Many jurisdictions require a notary to use an official seal or stamp. The information contained in the seal can vary by jurisdiction.
Commission Information
The certificate or notarial seal may include information concerning the notary’s commission or authority, depending on local requirements.
What Is an Acknowledgment?
An acknowledgment is a type of notarial act in which the signer acknowledges to the notary that the signer executed or signed the document.
The signer may have signed the document before appearing before the notary, depending on the applicable law and circumstances, but the signer generally must personally appear before the notary and acknowledge the signature or execution.
An acknowledgment does not necessarily involve the signer swearing that the statements contained in the document are true.
For example, a person signing a power of attorney may acknowledge to the notary that they signed the document voluntarily.
What Is a Jurat?
A jurat is another common type of notarial act.
With a jurat, the signer generally signs the document in the presence of the notary and takes an oath or affirmation concerning the truthfulness of the statements contained in the document.
Affidavits and sworn statements commonly use jurats because the signer is being asked to swear or affirm that the contents are truthful.
The distinction between an acknowledgment and a jurat is important because they serve different purposes.
Acknowledgment vs. Jurat
Although both are common notarial acts, they should not be treated as interchangeable.
| Feature | Acknowledgment | Jurat |
|---|---|---|
| Signer appears before notary | Generally required | Generally required |
| Signer acknowledges execution | Yes | Not the primary purpose |
| Oath or affirmation | Generally not required | Yes |
| Signature timing | May depend on applicable law | Generally signed in notary’s presence |
| Common examples | Contracts, powers of attorney, certain real estate documents | Affidavits, sworn statements, declarations |
The correct notarial act depends on the document and the applicable requirements. A notary should not simply choose an acknowledgment or jurat based on personal preference.
Who Provides the Notarial Certificate?
The notarial certificate is generally completed by the notary public who performs the notarial act.
However, the document itself may already contain a certificate prepared by an attorney, government agency, financial institution, title company, or another organization.
The notary generally completes the certificate that corresponds to the authorized notarial act being performed.
If a document does not contain appropriate notarial wording, the notary may need to determine what is permitted under applicable law. In some situations, the signer may need to obtain instructions from the document’s issuing or receiving organization.
Can a Notary Choose the Certificate for You?
Notaries must follow the laws and rules governing their notarial authority. They should not simply select a notarial act based on what appears easiest.
The type of certificate required may be specified by the document, the receiving organization, or applicable law.
If you are unsure whether your document requires an acknowledgment or jurat, ask the organization that prepared or will receive the document.
A notary may be able to explain the difference between the available notarial acts, but the notary should not be relied upon to provide legal advice about which certificate best serves the underlying transaction.
What Happens During a Notarization?
The exact procedure depends on the type of notarial act and applicable law, but a typical notarization may involve several steps.
- Personal appearance: The signer appears before the notary when required.
- Identity verification: The notary follows applicable procedures for identifying the signer.
- Document review: The notary checks the document for the information necessary to complete the notarial act.
- Notarial act: The notary performs the acknowledgment, jurat, or other authorized act.
- Certificate completion: The notarial certificate is completed according to applicable requirements.
- Signature and seal: The notary signs and applies the required seal or stamp.
- Journal entry: Where required, the notary records the transaction in the appropriate journal.
The process may be slightly different for remote online notarization or other specialized circumstances.
What Should You Check Before Signing a Notarial Certificate?
Clients should carefully review the document and notarial certificate before the appointment is completed.
Check for obvious issues such as:
- Incorrect names
- Incorrect dates
- Missing information
- Incorrect venue
- Blank spaces that should not remain blank
- Incorrect notarial wording
- Missing signatures
- Missing notary seal or stamp when required
If something appears incorrect, ask about it before leaving the appointment.
Can a Notarial Certificate Be Added to a Document Later?
In some circumstances, a separate notarial certificate may be attached to a document. However, the appropriate procedure depends on applicable law and the requirements of the document.
Clients should not create or modify a notarial certificate themselves without understanding the applicable requirements.
If a receiving organization has provided specific notarial wording, bring those instructions to the appointment.
What Happens If the Notarial Certificate Is Missing?
A missing or incomplete notarial certificate can create problems, particularly when the document is being submitted to a court, government agency, financial institution, title company, or foreign authority.
The receiving organization may reject the document or request that it be properly notarized again.
This can be inconvenient because the signer may need to schedule another appointment, obtain a replacement document, or repeat the authentication process.
For international documents, an incorrect certificate can create additional complications because the document may also require authentication or apostille processing.
Notarial Certificates and Apostilles
Notarial certificates can become particularly important when documents are intended for use outside the United States.
A foreign organization may require a notarized document to undergo additional authentication before accepting it.
If the destination country participates in the Hague Apostille Convention and the document qualifies, an apostille may be used as part of the authentication process.
The apostille is not the same thing as the notarial certificate. The notarial certificate documents the notarial act, while the apostille authenticates qualifying official signatures, seals, or capacities for international use.
This distinction is important when preparing documents for international transactions.
Notarial Certificates for Business Documents
Businesses may encounter notarial certificates when signing corporate documents, affidavits, powers of attorney, financial documents, or other agreements.
A properly completed certificate can help establish that the required signer appeared before a notary and completed the applicable notarial act.
Companies should pay close attention to the exact signing requirements provided by their attorneys, financial institutions, government agencies, or business partners.
When multiple corporate representatives are signing, each signer may need to complete a separate notarial act depending on the document and applicable requirements.
Notarial Certificates for Real Estate Documents
Real estate documents frequently require notarization because of the importance of the transaction and the need to establish the authenticity of signatures.
Depending on the document, notarization may be required for deeds, powers of attorney, affidavits, loan documents, or other real estate paperwork.
The notarial certificate helps document the notarial act performed on the signature or document.
Real estate transactions can have strict requirements, so clients should follow the instructions provided by the title company, lender, attorney, or other organization responsible for the transaction.
Notarial Certificates for Powers of Attorney
A power of attorney authorizes another person to act on someone’s behalf in specified matters.
Because powers of attorney can grant significant authority, they often have specific execution and notarization requirements.
The notarial certificate documents the notarial act performed when the signer executes or acknowledges the document.
If a power of attorney will be used in another country, additional authentication or apostille processing may also be necessary.
Common Mistakes Involving Notarial Certificates
Using the Wrong Notarial Act
An acknowledgment and jurat serve different purposes. Using the wrong certificate can cause a document to be rejected.
Signing Too Early
Some notarial acts require the signer to sign in the notary’s presence. Signing beforehand may require the signer to execute the document again.
Leaving Required Information Incomplete
An incomplete certificate may prevent the document from being accepted.
Ignoring the Receiving Organization’s Instructions
The organization receiving the document may have specific requirements for the notarial certificate.
Assuming Notarization Guarantees Legal Validity
A notarial certificate documents the notarial act. It does not necessarily mean that the underlying document is legally valid, accurate, enforceable, or appropriate for the transaction.
How to Prepare for a Notarization Appointment
Preparation can make the notarization process smoother and reduce the possibility of errors.
Before your appointment:
- Bring the complete document.
- Bring acceptable identification.
- Do not sign documents early if the notarial act requires signing in the notary’s presence.
- Confirm whether witnesses are required.
- Bring any instructions from the receiving organization.
- Tell the notary if the document will be used internationally.
- Ask questions about the notarial process before the certificate is completed.
If the document contains legal language that you do not understand, consider obtaining legal advice before signing it. A notary’s role is not to explain the legal consequences of the underlying document.
What Should You Do If a Notarial Certificate Contains an Error?
If you notice an error in a notarial certificate, address it as soon as possible. Do not simply cross out information, alter the certificate, or make handwritten changes yourself.
The appropriate correction procedure depends on the nature of the error and the laws governing the notarial act. In some situations, the document may need to be notarized again.
For example, an incorrect venue, signer name, date, or notarial wording could create problems when the document is submitted to another organization.
If the document is intended for international use, correcting an error may be even more important because the document could subsequently need authentication or an apostille. An error at the notarization stage can potentially interfere with those later steps.
What If the Notarial Certificate Does Not Match the Document?
The notarial certificate should correspond appropriately to the document and the notarial act being performed.
Problems can arise when a certificate is attached to the wrong document, identifies the wrong signer, or describes a different notarial act than the one actually performed.
If you discover a mismatch, contact the notary or the organization that prepared the document before submitting it. Depending on the circumstances, the document may need to be corrected or notarized again.
Can a Notary Notarize a Blank Document?
Clients should generally not ask a notary to notarize incomplete documents simply because information will be added later.
Important blanks can create uncertainty about what the signer actually signed and may create problems for the receiving organization.
If certain fields are intentionally left blank, ask the organization that prepared the document whether they are supposed to remain blank before the notarization appointment.
Does a Notarial Certificate Prove That a Document Is True?
No. This is one of the most important distinctions to understand about notarization.
A notarial certificate documents the notarial act performed by the notary. It does not generally verify the truthfulness of every statement contained in the underlying document.
For example, if a person signs a contract before a notary, the notary’s certificate does not mean that every factual statement in the contract has been independently verified by the notary.
Likewise, when an affidavit is notarized, the notary administers the required oath or affirmation but does not normally investigate the facts stated in the affidavit.
Does a Notarial Certificate Make a Contract Legally Binding?
Not necessarily. Whether a contract is legally binding depends on many factors, including the applicable law, the terms of the agreement, the parties involved, and the circumstances surrounding the transaction.
Notarization may be required for certain documents, but notarization alone does not automatically make every contract enforceable.
If you have questions about whether a document is legally valid or what its terms mean, consult a qualified attorney before signing.
Can a Notary Explain a Notarial Certificate?
A notary can generally explain the basic nature of the notarial act they are performing and may be able to answer procedural questions about the notarization.
However, there is an important distinction between explaining a notarial procedure and providing legal advice.
A notary should not be expected to determine whether you should sign a contract, whether a power of attorney gives sufficient authority, whether an estate planning document meets your needs, or whether a foreign country’s laws recognize a particular document.
For legal questions, consult an attorney who is qualified to advise you regarding the relevant law.
Notarial Certificates and Remote Online Notarization
Remote online notarization, where legally authorized, allows a signer and notary to complete a notarial act using an approved electronic process without being physically present in the same location.
Electronic notarization may involve an electronic notarial certificate rather than a traditional paper certificate.
The fundamental purpose remains similar: the certificate records information about the notarial act.
However, remote notarization involves additional technical and legal requirements. These may include identity verification, electronic records, audio-video communication, tamper-evident technology, and electronic signatures.
If a remotely notarized document will be used outside the United States, confirm in advance that the receiving organization accepts remote online notarization and that any required authentication process can be completed.
Electronic Notarial Certificates
As digital transactions become more common, electronic notarial certificates are increasingly used in jurisdictions that authorize electronic or remote notarization.
An electronic certificate may contain many of the same types of information found in a paper certificate, including the notarial act, date, venue, signer information, notary information, and electronic seal or signature.
The specific format and technology depend on applicable law and the notary’s electronic notarization system.
Clients should not assume that an electronic notarial certificate will be accepted by every organization or foreign government. Acceptance requirements should be confirmed before using electronic notarization for an important transaction.
Notarial Certificates for International Documents
Notarial certificates are particularly important when documents are intended for use in another country.
A foreign authority may need to verify the authenticity of the notary’s signature and commission before recognizing the document.
This is one reason that the information contained in the notarial certificate needs to be accurate and complete.
Depending on the destination country, the document may subsequently require authentication, an apostille, legalization, or translation.
For international documents, it is therefore important to ask the receiving organization exactly what it requires before completing the notarization.
What Is a Separate Notarial Certificate?
Sometimes a document does not contain its own notarial wording. In those circumstances, a separate certificate may be attached when permitted and appropriate under applicable law.
A separate certificate can contain the required language identifying the notarial act performed by the notary.
Clients should not automatically download a generic certificate from the internet and assume it will satisfy the requirements of their transaction. Different jurisdictions and organizations can have different requirements.
If the document’s receiving organization has provided specific certificate language, bring those instructions to the notary.
What Information Should You Give Your Notary?
Providing information before the appointment can help the notary determine what preparation may be needed.
Consider telling the notary:
- What type of document you need notarized
- Whether you have an acknowledgment or jurat
- Whether the document contains a notarial certificate
- Whether witnesses are required
- Whether multiple people will sign
- Whether the document will be submitted internationally
- Whether the receiving organization has provided special instructions
- Whether you need mobile or remote notarization
Providing this information in advance can make it easier to determine whether the appointment requires additional preparation.
Frequently Asked Questions About Notarial Certificates
What is a notarial certificate?
A notarial certificate is the portion of a document or an attached certificate that records the notarial act performed by a notary public. It generally identifies the type of act and includes information required by applicable law.
Is a notarial certificate the same as a notary stamp?
No. The notarial certificate is the written statement documenting the notarial act. A notary stamp or seal is an official marking that may be required as part of completing the notarization.
What are the two most common notarial certificates?
Acknowledgments and jurats are two common types of notarial acts. The appropriate certificate depends on the purpose of the notarization and applicable requirements.
What is the difference between an acknowledgment and a jurat?
An acknowledgment generally involves the signer acknowledging the execution of a document. A jurat generally involves the signer taking an oath or affirmation concerning the truthfulness of the document’s contents.
Does a notarial certificate prove that I signed a document?
A properly completed certificate can document that the applicable notarial act occurred and that the signer appeared before the notary as required. The exact legal effect depends on the type of notarial act and applicable law.
Can I sign before meeting the notary?
It depends on the type of notarial act and applicable law. Some documents can be acknowledged after a signature has already been placed on the document, while a jurat generally involves signing in the notary’s presence.
What happens if my notarial certificate is incomplete?
An incomplete certificate can cause a document to be rejected. If you notice missing or incorrect information, address the issue with the notary before submitting the document.
Can I change the notarial certificate myself?
You should not alter a completed notarial certificate yourself. If information is incorrect, ask the notary or the appropriate authority about the proper correction procedure.
Do international documents need a notarial certificate?
Some international documents require notarization, while others may not. If notarization is required, the document will generally need an appropriate notarial certificate. Additional authentication or apostille processing may also be required.
Can a notarial certificate be electronic?
In jurisdictions that authorize electronic or remote notarization, an electronic notarial certificate may be used. The format and requirements depend on applicable law.
Can a notary tell me which certificate I need?
A notary can generally explain the difference between notarial acts and perform the act that is legally authorized and requested. However, questions about the legal meaning or purpose of a document should be directed to an appropriately qualified attorney or the organization that prepared the document.
Final Thoughts: Understanding Your Notarial Certificate
A notarial certificate is an important part of the notarization process. It records the notarial act and provides information about what occurred when the signer appeared before the notary.
Understanding the certificate can help you recognize the difference between an acknowledgment and a jurat, understand what information the notary records, and identify potential problems before submitting an important document.
It is also important to remember that notarization does not necessarily establish that the underlying document is legally valid or that every statement in it is true. The notary’s role is focused on the authorized notarial act.
If your document is being used for an international transaction, additional steps such as authentication, apostille certification, legalization, or translation may be required.
When in doubt, obtain instructions from the organization receiving the document before signing it. If you have questions about the legal effect of the document itself, consult a qualified attorney.
Need a Document Notarized?
Whether you need an acknowledgment, jurat, or another authorized notarial act, having your documents properly prepared can help prevent unnecessary delays. If you have questions about scheduling a notarization or need assistance with documents intended for domestic or international use,
contact us today to learn more about our notary services and discuss your document needs.
