Legal Definitions - certificate of acknowledgment

A certificate of acknowledgment is a formal written statement, typically prepared by a notary public or another authorized official, that is attached to or included within a legal document. This certificate confirms that a person personally appeared before the official, identified themselves, and declared that they voluntarily signed the document for the purposes stated within it. The certificate serves as official proof that the signature on the document is authentic and was made willingly, which is often required for documents to be legally valid or recordable, such as deeds, mortgages, or powers of attorney.

Here are some examples to illustrate the concept:

• Real Estate Deed: When a couple sells their home, they must sign a deed to transfer ownership to the new buyers. To make this deed legally valid for recording with the county, they typically appear before a notary public. The notary verifies their identities, confirms they are signing the deed voluntarily, and then completes a certificate of acknowledgment directly on or attached to the deed. This certificate, with the notary's signature and official seal, provides official proof that the sellers genuinely intended to transfer the property, making the transaction legally sound and recordable.

• Durable Power of Attorney: An individual decides to create a durable power of attorney, granting their trusted friend the authority to manage their financial affairs if they become incapacitated. To ensure this crucial document is legally enforceable and to prevent future challenges regarding its authenticity, the individual signs it in front of a notary public. The notary confirms the individual's identity and verifies that they are signing the document willingly. The notary then adds a certificate of acknowledgment to the power of attorney, which serves as official evidence that the grantor genuinely intended to appoint their friend and signed the document without coercion.

• Corporate Resolution: A small business needs to formally authorize a significant loan from a bank. The company's board of directors passes a resolution, and the corporate secretary signs the official document. The bank requires this resolution to be acknowledged. The corporate secretary appears before a notary public, confirms their identity, and declares that they signed the resolution on behalf of the corporation voluntarily. The notary then completes a certificate of acknowledgment on the resolution. This certificate assures the bank that the corporate action was properly authorized and the signature is legitimate, allowing the loan process to proceed.