P&F-Taking an Acknowledgment Flashcards
(12 cards)
What is an acknowledgment?
A formal declaration before an authorized official by a person who has executed a formal or legal written document that the execution of the document was the person’s free act and deed.
The fundamental purpose of the acknowledgment is to ensure the authenticity and voluntariness of the signature.
What must a notary have before certifying an acknowledgment?
Personal knowledge of the individual or be satisfied of the individual’s identity by thorough precaution.
This may include checking identification cards.
List the general parts of an acknowledgment.
- The venue.
- The date of the notarial act.
- The body of the acknowledgment.
- Testimonium Clause.
What does the body of the acknowledgment include?
- A statement relative to the presence of the signer.
- The identity of the signer or signers.
- Identification of the signer.
- A statement of voluntary acknowledgment.
What is the purpose of the statement relative to the presence of the signer?
To confirm that the person personally appeared before the notary.
If the signer did not appear, the notary could be guilty of perjury.
What should a notary ensure about the name inserted in the acknowledgment?
It must agree exactly with the name on the document or instrument.
This includes ensuring that the full name is spelled out correctly.
What is the identification requirement for a signer?
The notary must know the signer personally, be familiar with their signature, or verify their identity through a current ID card or document.
This may include comparing signatures.
What should the notary ask the signer during the acknowledgment process?
To admit, recognize, or acknowledge awareness of the terms and existence of the instrument signed.
The signer must also confirm that they signed freely and willingly.
What is the Testimonium Clause?
A statement where the notary confirms their action by signing and impressing their official seal.
It often includes the phrase ‘In witness whereof, I have hereunto set my hand and official seal.’
Provide an example of an acknowledgment for an individual.
STATE OF HAWAII )
) SS.
COUNTY OF MAUI )
On this day of , 20 , before me personally appeared John Doe, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed.
Witness my hand and seal.
What should a notary do if a corporation has no corporate seal?
Line out and initial ‘the seal affixed to the instrument is the corporate seal of the corporation’ and add ‘and that the corporation has no corporate seal.’
What is required for an acknowledgment of an individual acting by power of attorney?
The notary must be completely satisfied that the attorney-in-fact has the authority to sign on behalf of the individual.
The power of attorney must be in full force and effect.
