Publish Date October 29, 2024

Notarial Certificates: What Client’s Need to Know When Your Document Does Not Have a Pre-printed Notarial Certificate

What is a Notarial Certificate?

A notarial certificate describes the type of notarial act being performed by the Notary Public. For example, either an Acknowledgment or Jurat (oath/affirmation).  If the document does not have a pre-printed notarial certificate, the Notary Public will ask the client to choose between using an Acknowledgment or a Jurat, then add the chosen certificate to the document. This requirement is mandatory! Please see the example of an Acknowledgment and Jurat below.

Notarial Wording: Acknowledgment and Jurat

The correct notarial certificate wording for an Acknowledgment and the Jurat is outlined here.

Acknowledgment Wording (NRS 240.166 & NRS 240.1665)

An Acknowledgment verifies that the signer voluntarily signed the document.

State of Nevada
County of ____________

This instrument was acknowledged before me on _____ (date) _____ by

[name(s) of signer(s)].

Notary Public Signature
[Seal]

Jurat Wording (NRS 240.167 & NRS 240.1655)

A Jurat requires the signer to swear or affirm the truthfulness of the document's contents and sign it in the presence of the Notary Public.

State of Nevada
County of ____________

Signed and sworn to (or affirmed) before me on ____(date)____ by

[name(s) of signer(s) making statement].

Notary Public Signature
[Seal]

In the examples above, the notarial certificate has the following elements: Venue (State and County), Notarial Wording (includes the date of the notarization, the type of notarization, the document signer’s name,) and the Notary Public’sSignature and Stamp. NRS240.1655.

IMPORTANT:

A notary public in Nevada is prohibited from choosing the type of notarial certificate for a document that lacks one, primarily due to concerns about Unauthorized Practice of Law (UPL). Selecting a certificate constitutes legal decision-making, which is outside the Notary Public’s scope and may expose the Notary Public to liability. A Nevada Notary Public cannot provide advice or select which notarial certificate to use, as this is considered the practice of law. Making this decision requires legal knowledge of the document’s purpose and how the notarization affects it. Only the signer or document preparer (such as a lawyer) can decide on the notarial certificate that aligns with the documents intended legal effect. NRS 240.075(5).

If a Notary Public violates UPL regulations, it can result in administrative penalties and civil liability. A Notary Public’s role is limited to verifying the signer’s identity and administering the necessary oath or affirmation, without giving legal advice. 

At Your Nevada Notary Public LLC, we comply with all legal requirements under Nevada law. 

Your Nevada Notary Public LLC
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