The Affidavit With an Acknowledgment Certificate
A signer brings a document titled "Affidavit of Residence" to a Hawaii notary. The document already has a printed notarial certificate that reads: "Acknowledged before me on this date by the above-named person." The signer says he signed the affidavit at home last night and only needs the notary to "stamp it." He has a valid state identification card and is willing to raise his right hand. The affidavit contains a statement that the signer resides at a specific address and is made under penalty of perjury. The notary has a jurat form available but is unsure whether to use the printed acknowledgment, add a jurat, or turn the signer away.
1. Can the notary complete the printed acknowledgment certificate for this affidavit? Explain the difference between an acknowledgment and a jurat in this situation.
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No. An acknowledgment certifies that the signer appeared, was identified, and acknowledged signing the document voluntarily; the signer need not sign in the notary's presence and no oath is administered. A jurat certifies that the signer signed the document in the notary's presence and swore or affirmed the truth of its contents. Because the document is an affidavit made under penalty of perjury, the appropriate notarial act is a jurat, not an acknowledgment. Using the printed acknowledgment would mischaracterize the act and fail to document that an oath was administered.
2. What should the notary do to complete the notarization properly?
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The notary should explain that an affidavit requires a jurat. The signer should sign the affidavit again in the notary's presence, or the notary should use a separate jurat certificate and have the signer sign the affidavit in her presence. The notary should administer an oath or affirmation, asking the signer to swear or affirm that the contents are true. The notary should then complete a jurat certificate stating that the signer personally appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the statement. The notary should affix the seal and record the act in the journal. The notary should not simply cross out the acknowledgment or alter the signer's document without a clear corrective notation; attaching a separate jurat is usually cleaner.
3. If the signer refuses to sign again in the notary's presence but still wants the stamp, what should the notary do and why?
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The notary must decline to perform a jurat. A jurat requires the signer's signature in the notary's presence, and the notary cannot certify something that did not occur. The notary should not complete the acknowledgment either, because that would not satisfy the affidavit's requirement and could mislead the recipient. The notary should explain the requirement and offer options: sign again in person, return with a document that has a proper acknowledgment if an acknowledgment is legally sufficient, or use another notary. No certificate, seal, or journal entry should be made for an act that was not performed.