Are You Using the Wrong Notary Certificate on Your Affidavits?: Navigating Acknowledgment vs. Jurat in Oil and Gas Documentation

Are You Using the Wrong Notary Certificate on Your Affidavits?: Navigating Acknowledgment vs. Jurat in Oil and Gas Documentation

 

As professionals in the oil and gas industry, the precision of legal documentation is paramount. Whether it’s land rights, oil and gas leases, various industry agreements, or compliance affidavits, each document requires specific notarial acts to ensure its validity and enforceability. In this article, we look into the often-confused nuances between Acknowledgment and Jurat certificates, spotlighting the responsibilities of notaries and document preparers alike. See generally, Notary Public Code of Professional Responsibility of 2020.

Understanding Acknowledgment and Jurat Certificates

• Acknowledgment Certificate:
  • Function: An acknowledgment certificate is used when a signer declares to a notary public that they have willingly signed a document for the purposes stated therein.

Example: Oklahoma Acknowledgment Certificate (Short Form for Individual Capacity):

State of Oklahoma

County of ____________

This instrument was acknowledged before me on ____________ (date) by _____________________________ (name(s) of person(s)).

_____________________________

Notary Public’s Signature

My Commission Expires: __________

[Notary Seal]

• • Key Points:
    • The signer does not need to sign the document in the presence of the notary; however, they must personally appear before the notary to acknowledge their signature or that they signed the document.
    • Commonly used for oil and gas transactions, powers of attorney, or any document where the signer’s identity and willingness to sign are crucial.
    • The process involves verifying the signer’s identity, but not the content of the document. It’s about affirming the act of signing.
• Jurat Certificate:
  • Function: A jurat is utilized when the signer of a document swears or affirms to the truthfulness of the statements made within it.

Example: Oklahoma Jurat Certificate:

State of Oklahoma

County of ____________

Signed and sworn to (or affirmed) before me on ____________ (date) by _____________________________ (name(s) of person(s) making statement).

_____________________________

Notary Public’s Signature

My Commission Expires: __________

[Notary Seal]

• • Key Points:
    • The signer must sign the document in the notary’s presence after taking an oath or affirmation. This is non-negotiable for a jurat to be valid.
    • Ideal for affidavits, sworn statements, or any legal document where the truthfulness of the content is sworn under penalty of perjury.
    • The notary’s role includes administering the oath or affirmation, making it distinct from an acknowledgment.

The Notary’s Role: Selecting the Right Certificate

• No Legal Authority to Choose: Notaries public are not legally permitted to select or advise on which notarial certificate should be used. This decision must be made by the document’s preparer or the signer themselves. Notaries can, however, keep sample certificate forms for different notarial acts and allow the principal to choose from these samples. See, Notary Public Code of Professional Responsibility of 2020, Standard V-B-2: Selecting Notarial Act or Certificate Improper.
• Ethical Considerations:
  • A notary might point out if a document seems to require an oath or affirmation (indicating a need for a jurat) but should never dictate the choice.
  • If the principal is unsure or unable to choose, notaries can recommend that they seek guidance from an attorney, the document’s recipient, or another knowledgeable party to assist in selecting the correct notarial form. Id.

Why This Matters in Oil and Gas

• Legal Validity: In the oil and gas sector, where the stakes involve significant land rights, compliance, and financial agreements, using the correct notarial certificate is critical. An affidavit sworn incorrectly due to a mismatch in certificates could render it:
  • Void for purposes of giving constructive notice in the land records,
  • Inadmissible in court, or
  • During regulatory reviews.
• Operational Efficiency: Missteps in notarization can delay project timelines, affect land title curative documents, lease agreements, or complicate compliance measures. Ensuring documents are notarized correctly from the outset avoids costly and time-consuming rework.

Best Practices for Document Preparers

• Know Your Document: Understand the legal implications and requirements of each document. If an affidavit requires a sworn statement, ensure a jurat is used.
• Educate Your Team: Train those involved in document preparation about the distinctions and legalities of notarial certificates.
• Consult Legal Counsel: When in doubt, consult with legal experts who specialize in oil and gas to confirm the correct notarial act is chosen for each scenario.
• Preparation: Keep both types of notarial certificates handy or work with notaries who are well-versed in these distinctions, especially if your documents frequently require notarization.

In conclusion, while notaries are pivotal in the notarization process, the responsibility of choosing the correct notarial certificate largely falls on document preparers and signers in the oil and gas industry. By understanding and applying these principles, you not only uphold the integrity of your documentation but also safeguard the legal and operational aspects of your projects.

Let’s ensure our documentation practices are as robust as the oil and gas industry demands.

BY: Lance Walker, Copyright © 2024