When administering an oath or affirmation, the notary must ensure that the individual understands the nature of the oath or affirmation and swears or affirms to tell the truth. This is crucial for the validity of the notarial act.
A jurat involves the notary administering an oath or affirmation to the signer, who then swears or affirms the truthfulness of the document's contents. The notary completes the act by affixing a jurat certificate to the document.
The primary purpose of an acknowledgment is to verify that the signer appeared before the notary, acknowledged that they signed the document, and did so willingly. The notary does not certify the contents of the document, but rather the act of signing and acknowledgment.
If a signer cannot physically sign due to a disability, they may direct another person to sign on their behalf. The notary should witness this process, ensure that the signer’s direction is clear, and record the details in the notarial journal.
When a person uses a mark instead of a signature, the notary must witness the mark being made and have a witness sign the document to verify that the mark was made by the person. This procedure ensures that the notarial act is properly documented.
