Notary

Notary Affidavit | Ultimate Guide To Legal Empowerment 2024

notary affidavit

A notary affidavit is required for a variety of reasons. They can be used in contract talks, to settle the estate of someone who died without a will, to claim a person’s legal name change, and many other things. A sworn, notarized declaration is an affidavit, and presenting false information in one is deemed perjury.

What Is An Notary Affidavit?

A notary affidavit is a declaration in which the signer swears the document’s contents are truthful and correct. The only difference between affidavits and sworn oaths is that they are written rather than uttered. The affiant is the person who claims to the affidavit’s statement.

They are employed in various legal situations, including bankruptcy, will writing, and divorce proceedings. Because they do not need the individual attesting the information to be present, affidavits are frequently more convenient than swearing an oath. They are also a more precise technique for keeping track of essential facts for court cases and other proceedings.

Because an affidavit is the written equivalent of a sworn oath, incorporating inaccurate information when signing it is deemed perjury.

Commissioner For Taking Affidavits

The Commissioners for Taking Affidavits Act (the “Act”) governs the commissioning practice in Ontario. A commissioner for taking affidavits is authorized by the Act to take affidavits and administer oaths, declarations, and affirmations (a “Commissioner”). 

Commissioners by Their Position

All persons licensed to practice law or provide legal services in Ontario under the Law Society Act are designated Commissioners and are not required to apply for a commissioner appointment or pay an appointment fee by their office. In other words, for the Act, lawyers and paralegals licensed by the Law Society are considered Commissioners.

Lawyers and paralegals in all fee-paying categories (i.e., 10%, 25%, 50%, or 100%) and those with fee exemptions are eligible to serve as Commissioners. On the other hand, lawyers or paralegals who want to charge a fee to function as a Commissioner must be in the 50% or 100% fee-paying group.

Restrictions

Lawyers and paralegals who resign their licenses or whose licenses are suspended or revoked by the Law Society are no longer permitted to practice law or offer legal services in Ontario and, as a result, cannot serve as Commissioners. The Commissioner status of a lawyer or paralegal may be removed under the Act.

Lawyers and paralegals should refrain from offering legal advice when exercising their authority as Commissioners unless retained, and the supply of such counsel is reasonable in light of the circumstances.

Responsibilities

Section 9(1) of the Act says that the deponent or declarant must take every oath and statement before the Commissioner or other person giving the oath or affirmation.

How To Write An Affidavit

An affidavit is a written statement filed by an affiant as evidence in court. A notary public must notarize affidavits before they are acceptable.

There are two forms of judicial notarizations: Acknowledgment and Jurat.

The notary public’s role is to ensure the signature’s authenticity and that it was applied voluntarily and without coercion. The paper is notarized and becomes an affidavit after the affiant admits signing the document for its intended purpose and signs it.

While “affiant” and “affidavit” are most commonly used in court, you may encounter them elsewhere. Depending on your state of residency, an affidavit may be necessary for certain transactions.

How To Write An Affidavit

Common Uses For Affidavits

Affidavits can be used for various purposes, ranging from high-stakes court hearings to more regular affairs such as marriages and establishing a person’s residency. Here are a few examples of when an affidavit might be used:

  • Financial affidavit. Financial affidavits are used in bankruptcy and divorce proceedings to disclose financial and other pertinent facts.
  • Affidavit of residence. Without further documentation, an affidavit can confirm a person’s address.
  • Affidavit of domicile. When a person dies, their beneficiary or executor might sign an affidavit certifying their final place of abode.
  • A marriage affidavit. This sort of affidavit can be used in place of a marriage certificate to certify a person’s marital status.
  • Affidavit of service. When a legal document is submitted to the court, it must be accompanied by an affidavit of service, which confirms that the document was served on all relevant parties.
  • Affidavit from the contractor. When a contractor works on a government project, they must file an affidavit to prove that they withheld the correct amount of state withholding tax.

Are There Notary Public Types?

There are only a few different forms of notarization, even though the types of notary documents that must be notarized might vary substantially. When requesting notary services, the customer must determine which form of notarization is required.

No, the public cannot pick the type of notarization that the signer gets. The Notary can talk about the different types of notary services, but it is up to the customer to choose the one that works best for them and their paper.

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FAQs

Where can I have an affidavit notarized?

Though traditional notarization methods, such as walk-in or mobile notaries, can be used to notarize an affidavit, the procedure is time-consuming, inconvenient, and expensive when compared to the ease of remote online notarization.

When you use a remote notary to notarize your affidavits online, you can update your document and invite signers to the session from the comfort of your home.

Is a notary and an affidavit the same thing?

A notary and an affidavit are not the same thing, but an actively commissioned notary public must notarize an affidavit to be legally valid. An affidavit is a sworn statement that must be notarized to meet the state’s standards where the proceedings are held.

What is the cost of having an affidavit notarized?

The cost of notarizing an affidavit varies by state and Notary. Some states limit how much a notary can charge for their services, including in-person and remote internet notaries.

Some states prohibit notaries from charging fees for their services, including in-person and remote internet notaries.

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