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December 19, 2024

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1. Definitions

   1. Verification Upon Oath or Affirmation: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true” (MCL 55.267[d]).

   2. Jurat: “‘Jurat’ means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record” (MCL 55.265[a]).

2. Purpose: “Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court. It is a certification on an affidavit declaring when, where and before whom it was sworn. However, jurat notarizations do not prove a document is true, legal, valid or enforceable” (website, “Notary Manual”).
   However, jurat notarizations do not prove a document is true, legal, valid or enforceable” (website, “Acknowledgment vs Jurat).

3. Requirements

   1. Identity of Principal: “In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the person in the presence of the notary public and making the verification is the person whose signature is on the record being verified” (MCL 55.285[3]).
      “It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury” (website, “Acknowledgment vs Jurat”).

   2. Signature of Principal: “In all matters where the notary public takes a verification upon oath or affirmation … the notary public shall require that the person sign the record being verified … in the presence of the notary public” (MCL 55.285[5]).

   3. Oath or /Affirmation: “If no other wording is prescribed in a given instance, a notary may use the following language for an affidavit or deposition: Do you solemnly swear that the contents of this affidavit (or deposition, document, etc.) subscribed (signed) by you are correct and true, so help you God? Or, do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? When administering oaths, parties should raise their right hands. The left hand may be used in cases of disability” (website, Acknowledgment vs Jurat”).

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1. Purpose: “The act of witnessing or attesting a signature is like a jurat, except that it does not required the signer to take an oath or affirmation. It is used when establishing the signing date is of major importance” (website, “Notary Manual”).

2. Requirements

   1. Identity of Principal: In witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person in the presence of the notary public and is the person named in the record” (MCL 55.285[4]).

   2. Witness Signature of Principal: “In all matters where the notary public … witnesses or attests to a signature, the notary public shall require that the person sign the record being verified, witnessed, or attested in the presence of the notary public” (MCL 55.285[5]).

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The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary official seals are allowed by Michigan law. Other formats may also be permitted.

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