take the acknowledgment or proof of powers of attorney


Senior Member

I am reading a Letter from the Office of Secretary of State of an American State, in my hand.
And I find it hard to understand the following part:

"... empowered to act as such Notary in any part of this State and authorized to take the acknowledgment or proof of powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person..."

My questions are:

1. Since powers of attorney is an instrument of legal writing, I assume "mortgage, deeds, grants, transfers" are also legal documents or certificates, not the action itself (not for example the act of mortgaging, or the act of granting, the act of transfering). Is this right?
2. Is it right to understand "take the acknowledgment or proof" as "acknowledge or prove"? Or should it be understood as "accpet the acknowledgment or proof of ... submitted by the client"? That means, should "acknowldgment or proof" be seen as an act of the Notary or an act of the Client?

Thank you in advance!
  • JamesM

    Senior Member
    The notary takes the acknowledgement or proof. He/She witnesses and reviews the proof for various types of legal documents: powers of attorney, mortgages, deeds, grants, transfers (also last wills, I believe). The notary certifies that he/she has seen and verified the document's existence or the identities of those who have signed a document. The rules are very strict and specific for a Notary Public.

    The notary doesn't execute deeds, grants, mortgages or other items. The role is to verify the document or the identities of the people who sign the document in the presence of the notary.
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