The Affidavit With No Notarial Certificate
Robert is a Maine notary public. A parent brings a one-page document titled 'Affidavit of Residence' for a school enrollment. The document has a signature line for the parent and the words 'Signature of Affiant,' but no notarial certificate, no venue, and no oath language. The parent says the school told her it must be 'notarized' and asks Robert to 'just put your stamp on it.' Robert knows the parent from church. The parent has not signed yet. Robert has his seal and journal. He wants to do the right act without giving legal advice.
1. Can Robert simply stamp the document because the parent is personally known to him?
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No. A stamp or seal is not a substitute for a notarial act and a complete notarial certificate. Robert must know what notarial act is being requested. The title 'Affidavit' suggests a sworn statement, which normally requires an oath or affirmation and a jurat, but Robert should confirm what the school requires rather than guessing. If the document is to be acknowledged, he would use an acknowledgment certificate instead. He must not apply the seal to a bare signature line with no certificate.
2. What must Robert determine and do before notarizing?
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Robert should ask the parent whether the school requires a sworn statement or an acknowledgment. If a sworn statement is required, Robert should administer an oath or affirmation, have the parent sign the affidavit in his presence, and complete a jurat. If an acknowledgment is required, he should complete an acknowledgment certificate after the parent acknowledges the signature. In either case, Robert must verify identity, record the act in his journal, sign the certificate, and apply his official stamp or seal. If he cannot determine the proper act, he should decline and suggest the parent ask the school for the exact wording.
3. What essential elements should appear in the certificate Robert completes?
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The certificate should identify the state and county or venue, state the date of the notarial act, identify the signer, and contain the correct language for the act performed. A jurat should show that the signer swore or affirmed the statement and signed in the notary's presence. An acknowledgment should show that the signer personally appeared and acknowledged signing the document. The certificate must include Robert's signature, his name as commissioned, his commission expiration date if required, and his official stamp or seal. Robert should not alter the affidavit's substantive text or add legal conclusions.