Notarization Acts
Taking
Acknowledgements -
To take an
acknowledgment, the document signer must personally
appear before the notary public, and declare that he or
she has signed the document voluntarily. “Do you
acknowledge that this is your signature and that you are
executing this document of your own free will?”
Administering Oaths -
An oath or
affirmation is administered to a document signer when
the signer is required to make a sworn statement about
certain facts. The signer personally appears before the
notary public to swear (or affirm) to the notary public,
an officer duly appointed to administer oaths, that the
information contained in the document is true. A person
who makes a false oath or affirmation is subject to
criminal charges for perjury. Sworn statements are
commonly used in affidavits, depositions, and
applications. A notarization requiring an oath
begins with the administration of an oath or
affirmation. “Do you swear (or affirm) that the
information contained in this document is true?”
Affidavits -
An
affidavit is a common form of sworn statement requiring
an oath.
Depositions -
A
deposition is the testimony of a witness, under oath or
affirmation, taken outside of court in which lawyers ask
oral questions of the witness. The testimony is usually
reduced to writing and duly authenticated and is
intended to be used in a trial of a civil action or a
criminal prosecution. The person giving the testimony is
called the deponent. Notaries are authorized to
administer an oath for a deposition for use in a court
case or an investigation. When administering the oath,
the notary must require the deponent’s physical presence
and properly identify him or her. If the notary
keeps a journal or record of notarial acts, the journal
entry should be made at this point, including the
deponent’s signature. The notary would then administer
the oath or affirmation, perhaps by having the deponent
raise his or her right hand and asking:
“Do you swear (or affirm) that the
testimony you are about to give in this matter is the
truth, the whole truth, and nothing but the truth (so
help you, God)?”
Attesting to
Photocopies -
The document must
be an original document. A notary public cannot make an
attested photocopy from a photocopy, or from another
certified copy. The document cannot
be a public record, certified copies of which are
available from another public official.
The making
of the photocopy must be supervised by the notary
public. It is not sufficient for the notary public to
compare the photocopy with the original document. The
notary public must actually make the photocopy or
supervise another person while he or she makes the
photocopy.
Verifying
VIN's -
Florida law requires that, when applying for a Florida
title for the first time on a used motor vehicle, the
owner must sign a sworn statement that the vehicle
identification number (VIN) and the odometer reading on
the vehicle are correct. Additionally, a physical
inspection of the vehicle must be done by an authorized
person to certify the VIN. Notaries public are included
in the list of persons authorized to certify this
information. § 319.23(3)(a)(2), Fla. Stat. A
form prepared by the department of Highway Safety and
Motor Vehicles, HSMV 82042 (Rev. 5/95)S, is used for
this purpose. Part A requires the owner’s sworn
statement regarding the correct VIN and odometer
reading. A jurat, or notarial certificate, is provided
in this section. The notary should make sure that
the information in Part A is complete prior to the
notarization. Part B requires the notary public,
or other authorized person, to certify that he or she
has physically inspected the vehicle and found the VIN
to be identical to the number recorded on the form.
This VIN verification form is also found on the
Application for Certificate of Title With/Without
Registration, HSMV 82040 (Rev. 5/96)S. These forms and
all other forms related to vehicle registration are
available from the tag office of the Tax Collector's
Office in each county.
Certifying
the Contents of a Safe-Deposit Box -
Florida law
provides that a financial institution may open a
safe-deposit box if the rental fee is past due,
providing that proper notice has been made and that
certain other conditions are met. A notary public is
authorized and required to be present for the opening of
the safe-deposit box, to inventory the contents of the
vault, and to make an appropriate certificate of the
opening. The notary is not required to estimate the
value of the contents of the safe-deposit box. The
law authorizing notaries to perform this function became
effective on July 3, 1992, and is found in section
655.94(1), Florida Statutes.
Procedure for
the Notary Public - The notary must be
present at the time the safe-deposit box is opened. An officer of the institution must
also be present with the notary at the opening of the
safe-deposit box.
When the
safe-deposit box is opened, the notary should inventory
the contents of the box and should complete a
certificate reciting the name of the lessee, the date of
the opening, and a list of the contents. Once the certificate is completed, copies should be
made. The notary should place the original certificate
in a package with the contents of the safedeposit box
and seal the package. The notary must then write on the
outside of the package the name of the lessee and the
date of the opening.
The notary
should leave the sealed package and a copy of the
certificate with the financial institution.
If the
notary keeps a record book or journal of notarial acts,
details of the act should be recorded. It may be a good
idea to require the person opening the box, the officer
of the institution, and any other witness to sign the
journal as well.
