Why we DO notarize documents, and not just signatures

Amongst the members of the notary community, there are many who insist that we "notarize signatures, not documents". This is both true and false.

First and formost, the Florida Statutes do mention the notarization of documents, in addition to the notarization of signature. F.S. 117.05(3) requires that an official seal be affixed to all "notarized paper documents". Section 117.03 states:

A notary public may administer an oath and make a certificate thereof when
it is necessary for the execution of any writing or document to be published
under the seal of a notary public. [Emphasis supplied]

It is not the signature that is "published under notarial seal" - it is the execution of the writing or document. This is particularly true with affidavits. The typical affidavit begins with the wording "Before me, the undersigned authority, personally appeared John Doe ...". The affidavit is usually written in the first person as if the notary is speaking. The entire document is, in itself, the certificate of a notary stating that certain facts were sworn to in his presence. An affidavit without the oath administered by the notary is meaningless; therefore, the notary's role in the execution of an affidavit is much more important than the mere witnessing of a signature.

In addition, pursuant to section 117.04, Florida Statutes, notaries are authorized to "take the acknowledgments of deeds and other instruments of writing for record". It is not only the signature itself that is acknowledged, it is the entire document which is acknowledged. This explains why our statutory form of acknowledgment states, "The foregoing instrument was acknowledged before me", rather than "The foregoing signature was acknowledged before me".

To conclude, the next time you hear someone refer to "notarizing a document", get off the high horse for a second. We actually notarize documents more than we notarize signatures.

Notary 101: What is the difference between a jurat/oath and an acknowledgment?

The most important thing a notary must know is the difference between an oath and an acknowledgment. Each of these duties are described in detail in previous articles, but a simple explanation is provided in Pina v. Simon-Pina, 544 So.2d 1161 (Fla. 5th DCA 1989):

Confusion often arises between an affidavit and an acknowledgment. Both memorialize acts done before a notary. But, in an affidavit [jurat] [...], the person swearing before the notary must under oath attest that the facts set forth in the document are true. In an acknowledgment, the person merely declares that he executed and signed the document.

Unique Jurats

As discussed in my previous post about administering oaths, a jurat is a certificate given under the hand and seal of the notary public where they certify that the signer of a certain document took an oath that the document's contents are correct and signed the document in the notary's presence. Most jurats a notary comes across will be fairly similar to the one provided in Florida Statutes, i.e.:

STATE OF FLORIDA
COUNTY OF ________________

Sworn to (or affirmed) and subscribed before me this _____ day of ___________, 20__, by __________________________, who [ ] is personally known to me or [ ] has produced ____________________________ as identification.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public

If the jurat does not contain all of the above information, such as the venue or type of identification, the Florida notary must, of course, add this information to the certificate, either by printing or typing the additional information onto the pre-printed certificate, or by making a new certificate.

However, although the above form of jurat is certainly the most common, it does not necessarily preclude the use of other forms, provided that the form used contains all of the required information. Another acceptable jurat form would be:

State of Florida
County of __________________

The above named affiant, _________________________, proved to me on the basis of (type of identification) , personally appeared before me, the undersigned Notary Public, and, being by me duly sworn, did depose and state under oath the the statements contained in the foregoing instrument are true and correct to the best of his knowledge, and he did thereupon subscribe his name to the foregoing instrument in my presence, this ______ day of ______________________, 20_____.

_______________________________
Name of Notary Public: ____________________
Notary Public - State of Florida
My Commission Expires:
_______________________________

Although this form may throw you off, it does contain all of the required elements of a jurat under Florida law and is therefore perfectly acceptable.

Another thing to keep in mind is that Florida law distinguishes "administering oaths" and "taking affidavits" as two separate acts under F.S. 92.50. However, in reality, an affidavit is nothing more than a sworn statement made before an officer authorized to administer oaths. It is not considered Unauthorized practice of law for a notary to draft an affidavit for a client; that is, if a client comes to a notary and states that they wish to make a sworn statement, the notary may write or type the statement onto an affidavit form, and "take the affidavit" by administering an oath and executing a jurat. An affidavit is typically made in the following form:

STATE OF FLORIDA
COUNTY OF _________________

Before me, the undersigned authority, personally appeared (name of affiant), who, being by me duly sworn, deposes and says:

(sworn statements are inserted here)

________________________________
(Signature of affiant)

Sworn to (or affirmed) and subscribed before me this _____ day of ___________, 20__, by __________________________, who [ ] is personally known to me or [ ] has produced ____________________________ as identification.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public

You will note that the venue is not required to be immediately above the jurat because it already is stated at the beginning of the affidavit where the notary's certificate begins ("Before me, the undersigned authority...").

Since the taking of affidavits is an authorized duty of a notary public considered separate from general administration of oaths, a notary could also make a sworn statement into an affidavit (at the request of the client) by using the following certificate:

STATE OF FLORIDA
COUNTY OF __________________

The foregoing affidavit was taken by me, the undersigned officer, by virtue of the authority in me vested, the same having been this day sworn to and subscribed in my presence by the within-named _____(name of affiant)______, who [ ] is personally known to me or [ ] has produced _________________ as identification.

Given under my hand and official seal, this _____ day of _______________, 20___.

Signature of Notary Public - State of Florida
Print, type, or stamp commissioned name of Notary Public