Types of Notarial Acts

A jurat is a notarial act in which the signer must personally appear before the notary, sign the document in the notary's presence, and take an oath or affirmation swearing that the contents of the document are true and correct. Unlike an acknowledgment, the document must be signed (or re-signed) in front of the notary. The notary administers an oath or affirmation to the signer, asking them to swear or affirm under penalty of perjury that the statements in the document are true. The notary then completes the jurat certificate, which states that the document was "subscribed and sworn to (or affirmed) before me" on the given date. Jurats are typically required for affidavits, sworn declarations, and depositions.

Understanding the distinction between an acknowledgment and a jurat is one of the most important concepts for California notaries. An acknowledgment verifies the identity of the signer and confirms that the signer executed the document voluntarily. The signer does not sign in the notary's presence, and no oath is administered. A jurat, by contrast, requires the signer to sign the document in the notary's presence and to swear or affirm under penalty of perjury that the document's contents are true. The core distinction is that a jurat compels truthfulness about the document's content under oath, while an acknowledgment only confirms that the signature is genuine and voluntary. The notary must never decide which certificate to use—they must ask the signer which act is required. If the signer does not know, the notary should advise the signer to consult the document preparer or an attorney.

A California notary public is authorized to administer oaths and affirmations as an independent notarial act, not just as part of performing a jurat. An oath is a solemn declaration that invokes a supreme being or deity as a witness to the truth of a statement. An affirmation is an equivalent declaration that does not invoke a deity, used by individuals who object to religious oaths. The person taking the oath or affirmation must raise their right hand or perform some other appropriate gesture while the notary administers the oath. The notary may charge the statutory fee for administering an oath or affirmation. Falsely swearing under oath constitutes perjury, which is a felony in California.

Under California law, a notary public may only certify copies of one specific type of document: a power of attorney. The notary may not certify copies of other documents, such as birth certificates, death certificates, marriage licenses, school transcripts, or passports. To certify a copy of a power of attorney, the signer must present the original document to the notary and request the certification in writing. The notary then compares the copy to the original, confirms they match, and completes a certificate of certified copy of power of attorney. A separate notary public certificate exists for this purpose. Notaries should carefully review this limitation—certifying unauthorized copies can create legal liability and may constitute misconduct.

Signature witnessing is a notarial act in which the signer must personally appear before the notary and sign the document in the notary's presence. The notary verifies the signer's identity and witnesses the actual act of signing. Unlike a jurat, no oath or affirmation is administered, and unlike an acknowledgment, the signature must be made in the notary's presence. The notary completes a certificate stating that the signer personally appeared and executed the document in the notary's presence. Signature witnessing is less common than acknowledgments and jurats but may be specifically required by certain documents or by the laws of other jurisdictions. Notaries should use the certificate appropriate to the specific notarial act requested.

A protest is a formal notarial certificate attesting that a negotiable instrument—such as a check, promissory note, or bill of exchange—was presented for payment or acceptance and was refused. Protests are primarily governed by the Uniform Commercial Code and are most commonly associated with banking and commercial transactions involving dishonored checks. While California notaries are legally authorized to issue protests, this notarial act is rarely performed by general notaries in modern practice, as most financial institutions handle protests through their own internal processes. Notaries who are not familiar with the detailed requirements of the Uniform Commercial Code regarding protests should not attempt to perform this act without additional specialized training.