Acknowledgments
An acknowledgment is a method of authenticating a signature on a document. It is a declaration made in a notary’s presence by an individual who signed a document. The individual appears in person to declare that he or she did, in fact, sign the document and knew what he or she was doing at the time, thereby authenticating the signature. A written form of acknowledgment, completed by the notary, confirms the individual’s identity and intention to sign the document.
As a notary, you are responsible for guaranteeing, by signature and seal, that your customer personally appeared, was positively identified, and acknowledged his or her signature. You are not responsible for the truth of any statement made by your customer.
Venue – The venue includes the words “Commonwealth of Pennsylvania” and “County of” followed by the name of the county where the notarial act takes place.
Date – Every acknowledgment must have a date indicating when the notarial act takes place. On an acknowledgment, the date is always the current date, the date your customer appears before you and is identified.
Identity of the public official taking the acknowledgment – Your name and title, “Notary Public,” serve to identify your office.
Personal appearance – The words “personally appeared” indicate that the individual making the acknowledgment appeared in person.
Identity of the individual acknowledging the signature – The acknowledgment states that the individual who appeared was known to you or satisfactorily proven to be the person whose name was signed on the document.
Acknowledgment – This statement tells the receiver of the acknowledgment that the signer admitted signing the document and knew what he or she was doing at the time.
Notary’s signature and seal – Your signature, signed exactly as it appears on your notarial commission, and your notary rubber stamp seal must be legible. The law does not prohibit the use of an embossing seal, and your customer may request it.
To take an acknowledgment properly, you must complete each of these tasks:
As a notary, you are responsible for guaranteeing, by signature and seal, that your customer personally appeared, was positively identified, and acknowledged his or her signature. You are not responsible for the truth of any statement made by your customer.
Recognizing an Acknowledgment
An acknowledgment may be printed on the document near where the signer places his or her signature or it may be printed on a separate sheet of paper and attached to the document. In either case, a complete acknowledgment contains the following information:Venue – The venue includes the words “Commonwealth of Pennsylvania” and “County of” followed by the name of the county where the notarial act takes place.
Date – Every acknowledgment must have a date indicating when the notarial act takes place. On an acknowledgment, the date is always the current date, the date your customer appears before you and is identified.
Identity of the public official taking the acknowledgment – Your name and title, “Notary Public,” serve to identify your office.
Personal appearance – The words “personally appeared” indicate that the individual making the acknowledgment appeared in person.
Identity of the individual acknowledging the signature – The acknowledgment states that the individual who appeared was known to you or satisfactorily proven to be the person whose name was signed on the document.
Acknowledgment – This statement tells the receiver of the acknowledgment that the signer admitted signing the document and knew what he or she was doing at the time.
Notary’s signature and seal – Your signature, signed exactly as it appears on your notarial commission, and your notary rubber stamp seal must be legible. The law does not prohibit the use of an embossing seal, and your customer may request it.
To take an acknowledgment properly, you must complete each of these tasks:
- Demand personal appearance. Your customer’s appearance in person before you is a key part of the acknowledgment. You cannot take the acknowledgment of an individual who does not appear before you. You cannot take an acknowledgment over the telephone, or even from across the room. An acknowledgment must be taken at arm’s length, meaning the individual is near enough to touch.
- Identify your customer. Section 5 of the Uniform Acknowledgment Act states that “the officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument.” This is the cardinal rule of notarial work: always identify your customer. If you fail to properly identify your customer and the signature on the document is forged, a claim may be filed against you for any monetary loss.
- Explain the procedure and fees. Explain to your customer that an acknowledgment is a statement by you, the notary, that the customer appeared, was identified, and stated that he or she signed a document with the full intention of signing it. Your customer does not sign the acknowledgment however, your customer is responsible for the truth of any representation on the document, such as a deed he or she signed. For an acknowledgment, you may charge $5 for the first signature and $2 for each additional signature. If you charge a fee, tell your customer what the fee will be, including any clerical or travel fee. Make sure your customer understands the difference between the notarial fee permitted by the Secretary of the Commonwealth and any clerical or travel fees that you may charge at your discretion.
- Ask the customer to acknowledge the signature. Ask your customer, “Did you sign this document as your free act and deed, and do you understand why you signed it?” For you to complete the acknowledgment, your customer must communicate to you that he or she did, in fact, sign the document and fully intended to do so.
- Make sure the venue is correct. The venue is always the Commonwealth of Pennsylvania and the name of the county in Pennsylvania where you and your customer are located when you take the customer’s acknowledgment.
- Place the date on the acknowledgment. The date on an acknowledgment is always the current date, the date your customer appears before you and is properly identified. The date on the document your customer signed may be prior to or be the same as the date on the acknowledgment. An acknowledgment may not be dated before the date that is on the document your customer signed.
- Place your title. In Pennsylvania, an acknowledgment may be taken by a judge, a court clerk or prothonotary, a recorder of deeds, a magisterial district judge, an alderman, or a notary public. Identify your office by printing or typing your name and the words “a notary public” in the proper space on the form.
- Place the name of the individual acknowledging the signature. Print or type the name of the individual acknowledging his or her signature on the acknowledgment exactly as it appears on the document he or she signed. For example, if the customer signed his name “James R. Green” on the document, you should place “James R. Green” in the proper space on the acknowledgment.
- Place your signature and notarial seal. Sign your name, in ink, exactly as it appears on your notarial commission. Place your rubber stamp seal near your signature, usually just below the line where you sign your name. Make sure your signature and rubber stamp seal are legible. No part of your signature or notarial seal should overlap or cover any other part of the acknowledgment.
- Complete the entry in your notarial register.