Is a verbal exchange required when taking an acknowledgment?

An acknowledgment is typically defined as a declaration or an indication by the signer of a document, in the presence of an authorized officer, that he or she executed the document voluntarily for the purposes therein expressed. The question arises, what constitutes an "indication" or "declaration"?

"...the person whose acknowledgment is taken must in some way indicate to the officer that the execution of the instrument is his act and deed." (1 Fla Jur, Acknowledgments §11, e.s.)

The phrase "in some way indicate" does not limit the ceremony to the notary formally asking the signer to give an acknowledgment. If a person very willingly and happily presents a document for notarization or executes the document in the notary's presence, these may be sufficient "indications", at the notary's discretion, that the execution of the instrument was the signer’s voluntary act and deed.

Notice that, at least in Florida, the term “acknowledgment” is not defined by statute. The courts have upheld:

“In the absence of a statutory definition, resort may be had to case law or related statutory provisions which define the term, and where a statute does not specifically define words of common usage, such words are construed in their plain and ordinary sense.” (State v. Hagan, 387 So.2d 945)

The courts have also stated that the term “acknowledgment” is a term of common usage, and can be given its plain and ordinary meaning (State v. Sailer, 645 So.2d 1114). In its ordinary sense, one can “acknowledge” anything without formally declaring it. For example, if one wanted to acknowledge that the weather is cold today, they could wear a heavy coat. This is an "acknowledgment" in the ordinary sense of the word.

An acknowledgment is not an “unequivocal act” like administration of an oath as defined in Youngker v. State, 215 So. 2d 318. There is nothing in any statute or case law, at least in Florida, that clearly defines the taking of an acknowledgment as a verbal exchange.

"If a document is willingly signed in the presence of the Notary, this can serve just as well as an oral statement of acknowledgment.” (Fla. Notary Law Primer, 12th ed., p. 23)

However, particularly if the signer is not well known to you or you are unsure about the signer's willingness to sign, it is recommended that a formal declaration be required, which may be accomplished by the notary asking the signer, "Do you acknowledge that you have executed this document voluntarily for the purposes therein expressed?", to which the signer would answer "Yes" or "I do".