What is a Notary Acknowledgement, and what is it's function?
Proves document - signature's authenticity
Entitles document to be accepted for filing and recording
(Texas Property Code 12.001 (a)
Essential elements of the Certificate of Acknowledgement:
Shows that acknowledging party appeared personally before the officer (e.g. Notary Public) taking the acknowledgement.
Identifies acknowledging party by name corresponding to acknowledged document.
Signed by officer's taking acknowledgment
Sealed with officer's official seal (if applicable).
Free Sample of Notary Acknowledgements
More Notary Acknowledgement forms
How is a Juart different from an Acknowledgement?
* Jurat is an officer's certificate showing that:
Officer administered an oath to the affiant signing.
Affiant swore under oath that facts stated are true
Affiant's signature was witnessed by the officer
* Prior to September 1, 1989, documents could only be accepted for filing with an acknowledgement. Documents executed on or after September 1, 1989, are recordable with either an acknowledgement or a jurat.
(Texas Property code 12.001 (a)
Who can take a person's Texas Acknowledgement within the United States or it's territories?
* Within Texas (Texas Civil Practice and Remedies code 121.001 (a)
District Court Clerk
County Court Judge or Clerk
Notary Public commissioned in Texas
* Texas Government code 602.002 - 602.203:
Compare who can generally execute a Juart in Texas ( same three as above), Plus a retired Judge, retired Legislator or serving legislator, Justice of the Peace, Justice Court Clerk, Attorney General, Speaker of the House of Representatives, Secretary of State, Lieutenant Governor and Governor!
* Elsewhere in the United States (Texas Civil Practice & Remedies code 121.001 (b) for acknowledgements and Texas Government code 602.003 for Juarts):
Clerk of any court of record having a seal
Commissioner of Deeds appointed under Texas law
Notary Public commissioned in the state
* See 18 U.S.C. 4004: In federal penal/correctional institutions, acknowledgement of any officer, employee, or inmate any be taken by a Warden, Superintendent, Associate Warden/Superintendent, Chief Clerk, or Record Clerk.
