If you are a notary public or employ one in your business, it is important that you understand the duties of a notary and what notarial acts you may be asked to perform. Kansas law recognizes two distinct notarial acts, each having a different purpose: An acknowledgment and a jurat.
Acknowledgments:
An acknowledgment is the notary’s statement that the person whose signature is being notarized is, in fact, the person whose name is on the signature line of the document, and that the signor appeared, in person, before the notary and acknowledged the signature as his or her own. The acknowledgment takes the following form of certification:
“Acknowledged before me this _____ day of [Month], 2024, by James Jones.”
This simple statement is the notary’s verification that James Jones appeared in person on the stated date and verified that the signature on the document was his own. If the notary does not know Mr. Jones, the notary should request a form of identification to assure that the notary’s certification is true. An acknowledgment is most commonly used on documents where the recipient of the document needs to know that a signature is not a forgery, car titles, deeds, mortgages, and other land records.
Jurats:
A jurat is the notary’s statement that the person signing the document was placed under oath by the notary and swore to the truth of the statements contained in the document. A jurat takes the following form of certification:
“Subscribed and sworn to before me this ____ day of [Month], 2024, by James Jones.”
The notary’s purpose is to apprise the signor that his or her statement concerning the facts or events discussed in the document is being made under oath and pursuant to penalties of perjury. A jurat is most commonly used on affidavits or other certifications facts or events that have happened in the past. As with an acknowledgment, it is the notary’s duty to verify the identity of the person signing the document through an appropriate form of identification.
Effective January 1, 2022, Kansas notaries are required to maintain a notary journal. A journal entry must contain the following information: The date and time of the notarial act; a description of the record, if any; and type of notarial act (i.e., whether the act was an acknowledgment or jurat).
Written by Roger L. Theis