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 North Dakota, an acknowledgment or notary acknowledgment is a formal declaration by a person (the document signer) that they have voluntarily signed a document and that they are indeed the person named in the document. This process is witnessed by a notary public, who verifies the identity of the signer and confirms that the signer understands the document and is executing it willingly. The notary public then signs the acknowledgment and affixes their official seal or stamp. This acknowledgment can be made either before the notary public or by appearing before the notary after the document has been signed. North Dakota state statutes and federal law require that the notarization process, including the acknowledgment, must occur in the physical presence of the notary. The acknowledgment typically specifies the state and county of execution and includes a statement confirming the date and identity of the signer. This process is crucial for many legal documents, such as contracts, wills, trusts, powers of attorney, deeds, and mortgages, to ensure their validity and to prevent fraud.