Understanding Notarial Acts: How Signers Determine the Correct Type of Notarization

Before we begin today’s conversation, it’s important to recognize that notarization is more than a signature and a stamp — it’s a legal safeguard designed to protect the public. Yet many signers are unaware that they hold the responsibility for choosing the correct type of notarization. This discussion sheds light on why that decision belongs to the signer, what each notarial act means, and how both consumers and notaries can work together to ensure documents are executed properly and lawfully.

Host: Welcome to Mobile Notary Notes! Today, we’re diving into a topic that every signer should understand how to determine the right type of notarization for your document. This is one of the most common points of confusion for signers — and one of the most important.

Guest Expert: Absolutely. Notarization is a key step in validating legal documents, but here’s something many people don’t realize Notaries Public are not legally allowed to choose the type of notarization for you. That decision belongs to you, the signer.

What You Should Know Before You Sign

Host: Before we get into the details, let’s share a few resources for anyone wanting to learn more.

Amazon Associate Resources for Consumers & Notaries

These books help signers understand the notarization process and also helps notaries navigate real-world scenarios:

• The Compassionate Notary: A Field Guide to Signings in Hospitals, Hospice and for the Homebound
• Notary Public Handbook: A Handbook for Virginia Notaries Public
• The Notary Bible
• How to Start a Notary Public and Loan Signing Agent Business
• The Complete Notary Guide
  by National Notary Association
• NNA’s Notary Primer Handbooks
• Notary Journal & Record Books
  (for notaries wanting compliant recordkeeping)

Helpful YouTube Videos for Signers & Notaries

• National Notary Association: “Acknowledgment vs. Jurat — What’s the Difference?”
• BlueNotary Academy: “How to Prepare for Your Online Notarization Session”
• How To Complete A Loan Signing 
• How to become a Virginia Notary Training Videos: State-specific guidance for Virginia signers and notaries
• Understanding Notarization for Everyday Documents

Why Does the Signer Decide?

Host: So, why can’t notaries choose the notarization type?

Guest Expert: It comes down to legal boundaries and consumer protection. Notaries Public are trained in procedure, but they’re prohibited from giving legal advice — and choosing the notarization type is considered legal advice.

If your document doesn’t already include certificate wording, the notary will ask you which type you need. That’s because you understand the purpose, intent, and legal requirements of your document, not the notary.

The Three Common Types of Notarizations

Host: Let’s break down the options so signers can make informed decisions.

Guest Expert:

1. Acknowledgment

Used when you want to confirm that you willingly signed the document.

• The notary verifies your identity
• You can sign before or during the session
• Common for: deeds, powers of attorney, real estate documents

2. Jurat

Used when you must swear or affirm that the contents of the document are true.

• The notary administers an oath
• You must sign in front of the notary
• Common for: affidavits, sworn statements, depositions

3. Signature Witnessing

The notary public verifies your identity and watches you sign.

• Not available in all states
• Common for: simple forms, consent documents, basic authorizations

These forms and more are available on Amazon. Click my Amazon Associate’s link below to access:

• Notary Certificate Bundle 19 Different 8.5×11” Starter Legal Documents for Professionals to Notarize Notarial Legal Bill of Sale Jurat Affidavit POA

Why Your Choice Matters

Host: What happens if you choose the wrong type of form?

Guest Expert: Choosing the wrong notarization can lead to:

• Document rejection
• Delays in legal processes
• Additional fees
• Potential legal consequences

It also protects notaries from liability. If a notary chooses for you and it’s wrong, they could be accused of unauthorized practice of law. Your choice keeps the process transparent, compliant, and trustworthy.

Collaboration Is Key

Host: So, it’s really a partnership between signer and notary.

Guest Expert: Exactly. The notary verifies your identity, ensures the signing is voluntary, and completes the certificate. But you guide the process by selecting the notarization type. Together, you ensure the document is legally sound.

Want to Learn More?

Host: If you want to dive deeper into notarization, here are more resources:

Additional Books for Deeper Understanding

• The Notary Public Training Manual [Please note, these guides are state specific. As a signer or notary, you must adhere to the guidelines of your state]
•  Notary Public Supplies & Procedures Guides are available on Amazon 
• Loan Signing System Course Companion Books available on Amazon
• The Notary Primer
  (state-specific editions available)

More Video Learning

• NNA Webinars: Real-world scenarios and legal updates
• BlueNotary Live Trainings: RON-specific guidance
• Virginia Secretary of the Commonwealth: Notary law updates
•  “How to Choose the Right Notarial Act” — consumer-friendly explanations

Conclusion:
Empowering signers to determine the type of notarization isn’t just a legal technicality—it’s a way to ensure transparency, accuracy, and trust in every document you sign. Next time you need a notary, remember: the choice is yours.

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