What is an acknowledgment?
A. See Section 33104(1) of the Law. An acknowledgment is “a notarial act in which a notary certifies that a signer, whose identity is proven on the basis of satisfactory evidence, has admitted, in the notary’s presence, having signed a document voluntarily for its stated purpose.” The signer does not have to sign the document in the notary’s presence so long as the signer admits to the notary that the signature is his.
An acknowledgment is a formal declaration made by a person, stating that at the time that person signed a document, it was signed voluntarily, and with an understanding of its nature and purpose. WHAT IS THE DIFFERENCE BETWEEN AN ACKNOWLEDGMENT AND AN OATH? In an oath or affirmation, a person swears to the truth of statements made. In an acknowledgment, a person is not swearing to the truth of statements, but is confirming that a document was voluntarily signed by him/her, and that he/she understood the nature and purpose of the document. WHAT IS AN APOSTILLE? An “apostille” is a certificate issued by the Office of the Secretary of State used for notary authentication that is required by certain countries. Therefore, when submitting a request to the Secretary of State’s office for authentication certificates, it is important to state which foreign country is involved, so this Office can determine if an apostille or “regular” authentication certificate is necessary. Use of the wrong cer
An acknowledgment form indicates that the document signer personally appeared before the Notary, was identified by the Notary, and acknowledged to the Notary that the document was freely signed. If the document was signed outside the Notary’s presence, the document signer must make a personal appearance before the Notary to confirm it is their signature. This must be done prior to the document being notarized. Civil Code §1189 provides the exact wording a California Notary must use in an Acknowledgment. Effective January 1, 2008, Personal Knowledge alone is no longer acceptable identification. (Civil Code, Section 1185) Effective January 1, 2008, a Notary will be required to sign a Certificate of Acknowledgement under penalty of perjury (Civil Code, Section 1189) A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty of up to $10,000.
