It's the job of the RECIPIENT of the document to decide what assurances the recipient wants, and from whom, and choose a notarial act accordingly. The fact that different states have different requirements for notarial acts makes that difficult for the recipient to figure out, and we see many documents where the person who drew up, or selected, the document isn't getting the assurance the recipient probably wants.
If the recipient knows the signer and how to find the signer in case the signer needs to be arrested, and just wants to be able to prosecute the signer if he/she lies, an oath will be sufficient in any state.
If the recipient doesn't know the signer, and wants the notary to check the ID of the person who signed, an acknowledgement will accomplish that in every state. An oath will only accomplish that in some states. But with an acknowledgement, the signer isn't promising the contents are true.
If the recipient wants to be able to have the signer prosecuted if he/she lies, AND wants the notary to check the ID, AND is preparing a form to be used in many different states, the recipient should have the notary perform two notarial acts: administer an oath AND take an acknowledgement. |
