TN Notary Acknowledgments and Jurats 1 — Questions and Answers
Question 1: What is the primary purpose of an acknowledgment in Tennessee?
- To verify the document's contents are true
- To confirm the signer voluntarily executed the document (Correct answer)
- To authenticate the notary's signature
- To certify a photocopy of the document
Correct answer: To confirm the signer voluntarily executed the document
An acknowledgment confirms that the signer appeared before the notary and voluntarily signed the document of their own free will.
Question 2: For a jurat in Tennessee, what must the signer do before the notary completes the certificate?
- Show two forms of ID
- Sign in the presence of the notary and swear or affirm to the truth of the document (Correct answer)
- Mail a copy to the county clerk
- Have the document witnessed by two additional people
Correct answer: Sign in the presence of the notary and swear or affirm to the truth of the document
A jurat requires the signer to both sign the document in the notary's presence and take an oath or affirmation that the contents are true.
Question 3: Which notarial certificate is most appropriate for a sworn statement or affidavit?
- Acknowledgment certificate
- Jurat certificate (Correct answer)
- Copy certification certificate
- Protest certificate
Correct answer: Jurat certificate
A jurat is the correct certificate for affidavits and sworn statements because it includes an oath verifying the truthfulness of the contents.
Question 4: Can a Tennessee notary determine which notarial act to use when the document does not specify?
- Yes, the notary may choose any act they prefer
- No, the notary must ask the document's recipient or the signer's attorney (Correct answer)
- Yes, but only for real estate documents
- No, the notary must refuse to notarize
Correct answer: No, the notary must ask the document's recipient or the signer's attorney
When a document lacks a notarial certificate or instructions, Tennessee notaries should not choose the act themselves; they should direct the signer to the document's recipient or an attorney.
Question 5: What does the phrase 'subscribed and sworn to before me' in a jurat certificate mean?
- The document was mailed to the notary
- The signer signed the document in the notary's presence and took an oath (Correct answer)
- The notary reviewed and approved the document contents
- The notary witnessed the document being drafted
Correct answer: The signer signed the document in the notary's presence and took an oath
'Subscribed and sworn' means the signer both signed ('subscribed') the document and took an oath ('sworn') in the notary's presence.
Question 6: In an acknowledgment, must the document be signed in the notary's presence?
- Yes, always
- No, the signer may have already signed and simply acknowledge the signature to the notary (Correct answer)
- Only for real estate documents
- Only if the notary requests it
Correct answer: No, the signer may have already signed and simply acknowledge the signature to the notary
For an acknowledgment, the signer may have already signed the document and simply appear before the notary to acknowledge that the signature is their own.
What is the primary purpose of an acknowledgment in Tennessee?