Can a notary provide advice on whether a signer needs an acknowledgment or a jurat?

Can a notary provide advice on whether a signer needs an acknowledgment or a jurat?

• A. Yes, they can provide guidance
• B. No, they cannot provide legal advice
• C. Only if the signer asks for legal guidance
• D. Only if they are licensed attorneys

Answer: (B)

A notary is not permitted to provide legal advice, which includes guidance on whether a signer needs an acknowledgment or a jurat. The distinction between these two types of notarizations—an acknowledgment confirming that the signer personally appeared and acknowledged the document, and a jurat requiring the signer to swear or affirm the truthfulness of the contents—is significant. However, it is essential for notaries to avoid interpreting the law or giving legal opinions. The determination of whether an acknowledgment or jurat is appropriate should come from the signer or their legal counsel. By maintaining this boundary, notaries help protect themselves from potential liability and ensure that the signer receives accurate legal advice from qualified sources.

A notary is not permitted to provide legal advice, which includes guidance on whether a signer needs an acknowledgment or a jurat. The distinction between these two types of notarizations—an acknowledgment confirming that the signer personally appeared and acknowledged the document, and a jurat requiring the signer to swear or affirm the truthfulness of the contents—is significant. However, it is essential for notaries to avoid interpreting the law or giving legal opinions. The determination of whether an acknowledgment or jurat is appropriate should come from the signer or their legal counsel. By maintaining this boundary, notaries help protect themselves from potential liability and ensure that the signer receives accurate legal advice from qualified sources.