Chapter 1 of 526% of exam

Notarial Acts and Certificates

The acts a Maine notary performs under Maine's Revised Uniform Law on Notarial Acts, including the distinctive power to solemnize marriages, how acknowledgments and jurats differ, and what a valid certificate must contain.

The authorized acts

Maine notaries take acknowledgments, administer oaths and affirmations, perform jurats, witness signatures, and certify copies. Maine is also one of the few states where a notary may solemnize marriages.

An acknowledgment certifies the identified signer appeared and acknowledged signing voluntarily.
A jurat certifies the signer signed in the notary's presence and swore or affirmed the statement is true.
Maine notaries may solemnize (perform) marriages, a power most states do not grant notaries.
Choosing the notarial act for a signer is the unauthorized practice of law.

Acknowledgment vs. jurat

The oath and the presence-at-signing requirement separate the two most common acts.

A jurat requires an oath or affirmation; an acknowledgment does not.
For a jurat the signer must sign in front of the notary.
An oath and affirmation carry equal legal weight.
Both acts require identifying the signer.

Personal appearance and remote acts

Every act requires personal appearance. Maine authorizes remote notarization under set conditions.

Personal appearance is required for every notarization.
Remote acts require an approved audio-video platform with identity verification.
An email, phone vouch, or reputation never satisfies personal appearance.

The certificate

The certificate is the notary's official record of the act.

State the venue and the date of the act.
Sign the certificate and identify the notary's title and commission expiration date.
Maine does not require a thumbprint; never record a Social Security number.
Never include a legal opinion in the certificate.
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