A recent post titled, in part, "kinda in a hurry", has renewed the discussion of what level of knowledge is "Notary 101" and should be either known, or easily researched, by the anyone who calls him/herself a notary. Perhaps a part of the problem is that acknowledgements have been presented to these questioners as a "magic formula"; it does not make sense, you just memorize what goes where. If it isn't the wording you're used to, find a book or message board post that has an example like what is in front of you.
I think this is generally the wrong approach; an acknowledgement is an English language sentence that makes sense. If you read it as a sentence, it is usually obvious what goes where. However, some of the key words in an acknowledgement may never have been properly explained. Consider this example from the Vermont notary manual (which contains no additional explaination):
<quote>
While Vermont law does not presently require a particular form for acknowledgment, the following is offered as typical:
STATE OF ___________________)
COUNTY OF ____________________)ss.
On this ____ day of ________________, 20__, before me personally appeared (name of person acknowledging) to me known to be the person who executed the foregoing instrument, and he (she) thereupon duly acknowledged to me that he (she) executed the same to be his (her) free act and deed.
(Notary signs here)
<end quote>
I'd like to comment on a few of the key words/phrases for this sentence to make sense:
personally appeared -- The signer(s) were in the same room with the notary.
to me known to be the person -- The notary ("me") knows through satisfactory proof who the signer is.
who executed -- The signer put his signature on the document for the purpose of agreeing to the document, not for some trivial reason such as telling which copy was his copy.
foregoing instrument -- The document that comes before this instrument of acknowledgement certificate.
acknowledged to me that he (she) -- The signer tells the notary that he (she) signed the document in order to agree to it, and is acting of his/her own free will. In the sentence, "me" is the notary and "he (she)" is the signer.
the same to be his (her) free act and deed -- "the same" refers back to the instrument, "his (her)" is still the signer, and "free act and deed" means acting of his/her own free will.
My full time job is teaching, and I find it is not unusual for students to use words that they do not fully understand. I find it beneficial to stop and think about the meaning of words that we throw around. Would anyone like to add any words that sometimes confuse people?
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