A homeowner is signing a 'Declaration of Citizenship' form that includes the statement, 'I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.' The notary's role is to notarize the signature. What is the appropriate notarial act for this document?

The choice between an acknowledgment and a jurat is determined by what the document requires, and the document announces it. Language declaring something true under penalty of perjury is the signature of a jurat: the signer is not merely confirming that they executed the document, they are swearing to the truth of its contents, and that oath is what gives the perjury declaration its legal force. A jurat therefore requires three things an acknowledgment does not — the signer must sign in the notary's presence, must be identified by satisfactory evidence, and must take an oath or affirmation administered by the notary. An acknowledgment asks only that the signer appear, be identified, and acknowledge having executed the document, whenever it was signed. Choosing the wrong act on a perjury declaration produces a document that fails to do what it was drafted to do, which is why the notary reads the certificate wording before anything else.

Language declaring the contents true under penalty of perjury requires the signer to swear or affirm to their truthfulness, which is the defining feature of a jurat.

A jurat requires the signer to sign in the notary's presence, be identified by satisfactory evidence, and take an oath or affirmation as to the truth of the contents. An acknowledgment requires appearance and identification but no oath.

Perjury Means Oath. If the document says the contents are true under penalty of perjury, the signer has to swear it.

A jurat requires signing in the notary's presence. A pre-signed document must be signed again before the jurat can be completed.

• •Defaulting to an acknowledgment on any signed document
• •Administering an oath without attaching a jurat certificate
• •Accepting a pre-signed document for a jurat