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Acknowledgments

Acknowledgments

The acknowledgment is the most common notarial act. The acknowledgment is identified by the wording “personally appeared.”

When taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the document.

In executing an acknowledgment, the notary public certifies three facts:

  1. That the signer personally appeared before the notary public on the date and in the county indicated on the notarial certificate.
  2. That the signer was positively identified by the notary public through personal knowledge or satisfactory evidence.
  3. That the signer acknowledged to the notary that their signature was freely made and, if the document was signed in a representative capacity, that they had proper authority to do so.

When performing an acknowledgment,

  1. The individual making the acknowledgment must personally appear before the notary.
  2. The notary must have personal knowledge or satisfactory evidence of the identity of the individual.
  3. A document may be signed in the notary’s presence, or signed prior to the acknowledgment. A document may not be signed subsequent to an acknowledgment.
  4. If the document is already signed before the signer appears before the notary, the signer must acknowledge that the signature on the document is their own voluntary act.
  5. The notary must compare the signature on the record to the signature of the individual on the individual’s ID.

For an acknowledgment, the notary is not required to witness the signer sign the document. The document may be signed prior to the notarization, as long as the signer personally appears before the notary public with the document at the time of the notarization and acknowledges having signed the document.

What does this mean? If Sylvia personally appears before Paul, a notary public, with a document that she signed and dated yesterday that she wants to have notarized, Paul is able to accept her acknowledgment that she signed it, even though it was not signed before him and regardless of the fact that it was signed yesterday. In this case, Paul must verify Sylvia’s identity and complete the acknowledgment form with the date of the notarization.

A notary public should never complete a notarial certificate with a date other than the date the notarization is being performed. Doing so will result in an improper notarization, and could have very serious consequences for the notary public and the signer.

Sample Acknowledgment Certificates:

For an Individual Acknowledgment

State of New York

County of (county)

On this _ day of (month), (year), before me personally came (name of signer), to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.

(Signature of Notary Public)

Notary Public

For an Acknowledgment by Unincorporated Association

On this _ day of (month), (year), before me personally came (name of signer), to me known and known to me to be the person described in and who executed the above instrument who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of ___ and that he/she executed the foregoing instrument in the firm name of ___, and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of ___, for the uses and purposes mentioned therein.

(Signature of Notary Public)

Notary Public

For an Acknowledgment by Corporation

On this _ day of (month), (year), before me personally came (name of signer), to me known, who, being by me duly sworn did depose and say that he/she resides in ___; that he/she is the ___ of the ___, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.

(Signature of Notary Public)

Notary Public