A Notary Cannot Choose the Notarial Act for You

You arrive at your notary appointment with a document in hand. Everything appears ready to go, but there is one problem: the document does not clearly state what type of notarization is required.

You hand it to the notary and ask:

“Which one do I need?”

It sounds like a simple question. However, in North Carolina, if the notary is not also a licensed attorney, the notary generally cannot make that decision for you.

Understanding why can save time, prevent frustration, and help you arrive at your appointment properly prepared.

What Is a Notarial Act?

A notarial act is the specific official act that a notary performs in connection with your document.

Notarization is not simply placing a stamp on a page. The notary must know what act is being requested, perform the requirements associated with that act, and complete the appropriate notarial certificate.

North Carolina recognizes several types of notarial acts, including acknowledgments, jurats, verifications or proofs, and oaths or affirmations.

Two terms clients commonly encounter are acknowledgment and jurat.

Although they may look similar once the document has been stamped and signed, they serve different purposes.

What Is an Acknowledgment?

An acknowledgment generally involves the signer appearing before the notary and acknowledging that the signature on the document is theirs and that the document was signed voluntarily.

In an acknowledgment, the notary is primarily concerned with questions such as:

Is this the person whose name appears on the document?

Has the person's identity been satisfactorily established?

Is the signer acknowledging the signature willingly?

The notary then completes an acknowledgment certificate documenting the notarial act.

Depending on the circumstances and the document involved, the signer may have signed the document before appearing before the notary. The important part of the acknowledgment is that the signer personally appears as required and acknowledges the signature.

What Is a Jurat?

A jurat is different.

With a jurat, the signer generally signs the document in the presence of the notary and makes a sworn statement or affirmation concerning the truthfulness of the information in the document.

This is why jurats are frequently associated with affidavits and other sworn statements.

The notary administers an oath or affirmation, observes the required signing, and completes the jurat certificate.

The distinction matters because an acknowledgment and a jurat are not interchangeable.

The notary cannot simply choose whichever certificate is easiest or appears to fit the available space on the document.

What Is an Oath or Affirmation?

An oath and an affirmation serve essentially the same notarial purpose: the person is solemnly declaring that what they are stating is truthful.

The primary difference is how that promise is expressed.

An oath may involve a reference to God or a person's religious beliefs.

An affirmation is a solemn promise made without a religious reference.

A signer may choose an affirmation instead of a religious oath. The legal importance lies in the seriousness of the declaration—not whether the signer chooses religious wording.

In some situations, an oath or affirmation is part of another notarial act, such as a jurat. In other circumstances, a notary may be asked to administer an oath or affirmation independently.

Why Can't the Notary Just Tell Me Which One I Need?

This is where the boundary between notarial service and legal advice becomes extremely important.

Choosing the proper notarial act may require interpreting the document and determining its legal purpose.

For example, deciding whether a document requires an acknowledgment or a jurat could involve determining whether the signer merely needs to acknowledge a signature or must swear to the truthfulness of the document. That determination can have legal consequences.

North Carolina specifically advises that a notary who is not a licensed attorney cannot decide which notarial act or certificate a person should use when one has not been provided. A non-attorney notary also cannot assist someone with selecting, drafting, completing, or understanding a document or transaction requiring a notarial act.

Those restrictions help prevent the unauthorized practice of law.

The North Carolina State Bar explains that nonlawyers generally may not provide legal advice or prepare legal documents for another person when doing so constitutes the practice of law.

Your notary's job is to perform the requested notarial act correctly—not to make legal decisions for you.

“But You're the Notary. Shouldn't You Know?”

Your notary should absolutely understand how to perform different notarial acts.

That is different from deciding which act your document legally requires.

Think about it this way:

A pharmacist knows how medications are dispensed safely, but the pharmacist does not independently decide which prescription your doctor intended to order.

Similarly, a notary knows how to perform an acknowledgment, jurat, oath, affirmation, and other authorized notarial acts. But determining which one your legal document requires may belong to the person who prepared the document, the receiving agency, or an attorney.

The boundary protects both the client and the notary.

What Can the Notary Do?

Although a non-attorney notary cannot choose your notarial act for you, that does not mean the notary must simply send you away without assistance.

North Carolina guidance allows a notary to provide a selection of notarial certificates when the signer has identified the type of notarial act they want. What the notary cannot do is pick or recommend which certificate the signer should use.

A notary may also explain general information about notarial procedures.

For example, the notary can explain that an acknowledgment and a jurat involve different procedures.

What the notary should not say is:

“Based on this document, you need a jurat.”

That crosses from explaining a notarial procedure into selecting the notarial act for the client.

What Should You Do If You Don't Know Which Notarization You Need?

Before your appointment, contact the person or organization that gave you the document.

That might include:

• An attorney

• A title company

• A lender

• A government agency

• A school

• A financial institution

• An employer

• A healthcare organization

• The company or individual receiving the document

Ask a very simple question:

“What type of notarization or notarial certificate is required for this document?”

If the document was prepared by an attorney and you are unsure about its legal requirements, contact that attorney.

Do not wait until the notary arrives to discover that the required notarial act has not been identified.

What If My Document Has No Notarial Wording at All?

That is another important issue.

North Carolina Secretary of State guidance states that a notary cannot notarize a document that has no notarial wording.

If your document does not contain a notarial certificate, determine what type of notarization is required before your appointment whenever possible.

Once the appropriate act has been identified by you or the requesting party, the notary can determine whether the notarization can legally and properly proceed.

Preparation Makes Your Appointment Easier

A little preparation can make the difference between a smooth five-minute notarization and an appointment that cannot be completed.

Before meeting your notary:

Review your document.

Make sure you know what type of notarization is required.

Bring acceptable identification.

Do not assume every document requires the same type of notarization.

Contact the document's recipient or preparer if you have questions about its legal requirements.

And remember, when your notary declines to tell you which notarial act to choose, they are not being difficult or unhelpful.

They are respecting an important professional boundary.

A good notary knows not only how to perform a notarization, but also when a decision belongs to the signer, document preparer, receiving organization, or licensed attorney.

That protects the signer, protects the notary, and helps preserve the integrity of the document.

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