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In law, an acknowledgment is a declaration or avowal of one's own act, used to authenticate legal instruments, which may give the instrument legal validity, and works to prevent the recording of false instruments or fraudulent executions. Acknowledgment involves a public official, frequently a notary public.
The official is able to witness the signing of the document and check the proof of the affiant's identity, helping to prevent some forms of outright fraud. In recent years, however, to provide for even greater economy of time and money, courts have increasingly allowed persons to omit the step of swearing before a notary public or official.
A medallion signature guarantee is a binding warranty, issued by an agent of the authorized guarantor institution, that: (a) the signature was genuine; (b) the signer was an appropriate person to endorse, and (c) the signer had legal capacity to sign. A medallion signature guarantee is not equivalent to a US notarial Acknowledgment. [1]
A notary is required to keep a log of all notarial acts, indicating the name of the person, their address, what type of document is being notarized, the type of ID used to authenticate them (or that they are known personally) by the notary, and the person's signature. The notary's log is the only document for which a notary may write their own ...
A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the ...
Notaries public must be residents of the state or have an office or place of business in the state. [3] [4] Attorneys at law with the exception of taking and passing the initial, written notary examination, must follow the same appointment and re-appointment process as non-lawyers; lawyers are not automatically appointed as notaries because they are licensed as lawyers. [4]