An acknowledgment or notary acknowledgment is a brief statement that usually appears at the end of a legal document—such as a contract, will, trust, power of attorney, power of attorney for health care, deed, mortgage, or deed of trust—and serves as certification of the acknowledgment by the person signing the legal document (the document signer) that the document signer is the person identified in the legal document and the person whose signature appears on the legal document; that the document signer voluntarily signed the legal document; that the document signer understands the contents of the legal document and agrees to be bound by its terms; and that the document signer is signing the document for its intended purpose.
The acknowledgment or notary acknowledgment is signed by a notary public and certifies the spoken acknowledgment by the document signer who signed the contract, will, trust, power of attorney, power of attorney for health care, deed, mortgage, deed of trust, or other legal document.
The acknowledgment or notary acknowledgment typically identifies the state and county in which the document is being acknowledged and includes a brief statement such as “The foregoing instrument was acknowledged before me on this _____ (date) day of ______ (month), _________ (year) by ___________ (document signer).” This statement is followed by the notary public’s signature and official stamp or seal.
Unlike a legal document that includes a jurat, a legal document that includes an acknowledgment may be signed prior to appearing before a notary, or in the notary’s presence. But the notarization must be completed by the notary public in the document signer’s presence.
In Texas, an acknowledgment or notary acknowledgment is a formal declaration by a signer of a document that they have executed the document voluntarily and are the person named therein. This process is witnessed by a notary public, who verifies the identity of the signer and confirms that the acknowledgment was made. The notary then signs the acknowledgment and affixes their official seal, indicating the state and county where the acknowledgment took place. Texas law allows the document to be signed before appearing before the notary, but the notarization itself must occur in the presence of the notary. The acknowledgment ensures that the document is considered authentic and may be relied upon by third parties. The Texas Government Code, specifically Chapter 121, outlines the rules and procedures for notaries public, including the process of taking acknowledgments.
