MS Notary Acknowledgments and Jurats 2 — Questions and Answers
Question 1: In an acknowledgment, what is the signer actually declaring to the Mississippi notary?
- That they signed the document willingly for its stated purpose (Correct answer)
- That the contents of the document are true
- That they will sign the document at a later date
- That witnesses have verified the document
Correct answer: That they signed the document willingly for its stated purpose
An acknowledgment is the signer's declaration that they signed the document voluntarily for the purposes stated in it.
Question 2: A signer brings a deed to a Mississippi notary that was signed three days earlier. Which act can the notary properly perform?
- An acknowledgment, because the signer may acknowledge a prior signature (Correct answer)
- A jurat, because the signature already exists
- Neither act, since the document was signed outside the notary's presence
- Only a copy certification of the deed
Correct answer: An acknowledgment, because the signer may acknowledge a prior signature
A document may be signed before the notarization for an acknowledgment, as long as the signer personally appears and acknowledges the signature.
Question 3: Which element is REQUIRED for a jurat that is not required for an acknowledgment?
- Administering an oath or affirmation to the signer (Correct answer)
- Verifying the signer's identity
- The signer's personal appearance
- Completing a notarial certificate
Correct answer: Administering an oath or affirmation to the signer
A jurat requires the notary to administer an oath or affirmation, while an acknowledgment does not.
Question 4: The phrase "Sworn to and subscribed before me" in a notarial certificate indicates which act?
- A jurat (Correct answer)
- An acknowledgment
- A copy certification
- A signature witnessing only
Correct answer: A jurat
"Sworn to and subscribed before me" is the classic jurat wording, showing an oath was given and the document was signed in the notary's presence.
Question 5: A signer refuses to raise their hand or swear on religious grounds before a jurat. What should the Mississippi notary do?
- Offer an affirmation, which has the same legal effect as an oath (Correct answer)
- Refuse the notarization entirely
- Perform an acknowledgment instead without telling the signer
- Complete the jurat without any verbal ceremony
Correct answer: Offer an affirmation, which has the same legal effect as an oath
An affirmation is a solemn non-religious declaration that legally substitutes for an oath in a jurat.
Question 6: Who is responsible for choosing whether a document needs an acknowledgment or a jurat?
- The signer or the receiving agency, not the notary (Correct answer)
- The notary, based on professional judgment
- The Mississippi Secretary of State on a case-by-case basis
- The county clerk where the document is filed
Correct answer: The signer or the receiving agency, not the notary
Selecting the notarial act is the signer's or document recipient's decision; a notary who chooses for them risks the unauthorized practice of law.
Question 7: A document presented for a jurat has no notarial certificate wording at all. What is the proper action?
- Ask the signer which act is needed and attach the correct loose certificate (Correct answer)
- Write "jurat" in the margin and sign
- Notarize on the signature line without any certificate
- Select and complete an acknowledgment certificate for the signer
Correct answer: Ask the signer which act is needed and attach the correct loose certificate
When certificate wording is missing, the signer must direct which act is required, and the notary then attaches the matching loose certificate.
MS Notary Acknowledgments and Jurats 2
In an acknowledgment, what is the signer actually declaring to the Mississippi notary?