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Chapter 1: The
acknowledgment
The
Acknowledgment
Acknowledgment:
in law, formal declaration or admission by a
person who executed an instrument (e.g., deed)
that the instrument is his. The acknowledgment is
made before a court, a notary public, or any other
authorized person. Acknowledgment permits the
instrument to be given in evidence without any
further proof of its execution (e.g., witnesses).
When is an
Acknowledgment used?
An acknowledgment is used by a notary public when
a signer brings in a document and needs proof that
(s)he executed the document. Often times, the
notarial wording for the acknowledgment is found
on the document itself and sometimes.
If the notarial wording is incorrect, you will
always need to affix an acknowledgment with
the proper notarial wording. Be aware that you
are the notary and thus YOU are
responsible for making sure that you use the
correct form to notarize your customer’s
document. There is nothing worse than a notary
filling-out an improper acknowledgment and blaming
it on their customer! Keep in mind that you are
not responsible for the content of the customer’s
document. The customer is responsible for
bringing you the correct document to notarize and
you are responsible for making sure that
you properly notarize the document.
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 Key Points concerning the acknowledgment
ü
Never back date or change the date. Always
put the date that the signer personally appeared
before you or you may be charged with a criminal
offense called forgery-(Government
Code 6203)!
ü
After your name, always make sure that the words
“Notary Public” are printed or typed.
ü
If the wording says, “undersigned notary”, cross
it out and replace it with your name.
ü
Never place your stamp/seal on top of writing,
pictures, signatures, etc…Your document may be
rejected if you do so.
ü
Always use your stamp or seal
*Stamp not mandated if notarizing a subdivision map.
ü
Your stamp must be clear and legible.
 ü
 The
signer does not have to sign the acknowledgment in
your presence. The signer can nod his/her head
stating that (s)he signed the document or simply
state that (s)he signed the document
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