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Notary Certificates (Acknowledgement, Jurat,
Oath, Affirmation)
1. An acknowledgement is one of the most
common types of notary certificates. According to Colorado notary law (CRS
12-55-205), the notary certifies that:
The signer personally appeared before the notary at the
time of the notarization.
The signer was identified by the notary using satisfactory evidence.
The signer acknowledged to the notary that the signature is their signature, and
it was freely made, for the purposes stated in the document.
Sample acknowledgement
Do you acknowledge,
that your name is [Name],
that you are of sound mind, with legal and authorized capacity,
that you have read and understand this document,
that you are signing for the purposes stated in this document,
and that you are signing it, or have signed it, willfully and knowingly, as your
free act and deed?
Sample Acknowledgement Certificate
State
of Colorado, County of _______________
The foregoing instrument was acknowledged before me this _____ day of
__________, 20____,
by ______________________________.
Document description:
_________________________________________________________
_________________________
________________________ _____________________
Notary Public
Signature
Notary Public Name
My commission expires:
(Notary Seal)
Note that a document with an acknowledgement is not a
sworn statement. The signer is not taking any oath or affirmation that
the information in the document is true and correct. An acknowledgement is
used to indicate that the signer is willfully and knowingly signing the document
for the purposes stated in the document.
An acknowledgement is usually found on these types of documents: real estate
deeds, powers of attorney, living will, parental permission, contracts,
agreements, leases, letters, releases, transfers, assignments, garnishments,
declarations and liens.
2. A jurat is another common type of
notary certificate. According to Colorado notary law (CRS 12-55-110), the
notary certifies that:
The signer personally appeared before the notary at the
time of the notarization.
The signer was identified by the notary using satisfactory evidence.
The notary witnessed the signer's signature, at the time of notarization, and it
was freely made, for the purposes stated in the document.
An oath or affirmation was administered. (An acknowledgement does not
require an oath or affirmation.)
The notary may read aloud any provided oath or affirmation
from the document and must obtain a positive and unequivocal (clear,
unmistakable) response from the principal.
Sample oath or affirmation
Do you swear, or affirm, under penalty of perjury,
that what you are about to say is true,
that your name is [Name],
that you are of sound mind, with legal and authorized capacity,
that the statements in this [Document Name] are true and correct, to the best of
your knowledge and belief,
that you have read and understand this document, and agree to its purpose,
and that you are signing it, willfully and knowingly, as your free act and deed
[so help you God]?
Sample Jurat Certificate
State
of Colorado, County of _______________
Subscribed and sworn to, or affirmed, before me this _____ day of _______________,
20____,
by ______________________________.
Document description:
_________________________________________________________
_________________________
________________________ _____________________
Notary Public
Signature
Notary Public Name
My commission expires:
(Notary Seal)
A jurat may be an oath (sworn under God), or an
affirmation, (without mention of God). Providing false information is a
serious offense, punishable under penalty of perjury.
Note that a jurat is used for a sworn statement. Jurat in Latin
means "he or she swears". The signer takes an oath or
affirmation that the information in the document is true and correct. A
jurat is used to indicate that the signer is willfully and knowingly signing the
document for the purposes stated in the document.
A jurat is usually found on these types of documents, known as verifications: affidavits
and depositions. Jurats are also found on statements, affirmations,
applications, registrations and certificates. It is also used for a
credible witness who vouches for the identity of the signer, and for a
subscribing witness who proves a document's execution
Important Note regarding Affidavits: If an acknowledgement certificate is used on an affidavit
or deposition, the signer is not making a sworn statement. Some courts
have ruled that an acknowledgement may not be used as a substitute for a
jurat. Even if the title and wording of the document is consistent with an
affidavit, a document may not be considered as an affidavit, and may be rejected
or dismissed
as evidence, if the notarial certificate does not contain the correct jurat
wording.
Lawyers, drafters, issuers and users of legal documents should learn and understand the
different types of notarial certificates available under state law, and use the
appropriate type of certificate.
Disclaimer: We are not responsible for any delay,
problem, loss or
damages if we notarize a document that includes the wrong type of notarial
certificate. If the document or preamble states that the signer is making
a statement under oath, affirmation, penalty of perjury, sworn statement, depose
or deposition, but there is no jurat attached, we may place the signer under
oath or affirmation, and attach a jurat, or we may seek further instructions, or
we may decline to notarize the document.
Citations for Notarizing an Affidavit:
Where an affidavit is called for, an
acknowledgement will not suffice." (Pina v. Simon-Pina (544 So. 2d 1161)
Archie's [**3] motion merely contains a
certificate by a notary public that "the foregoing instrument was
acknowledged before me this 22nd day of March, 1994, by Antonio Archie, who is
personally known to his attorney and who did take an oath." An
"acknowledgement," even under oath, is nothing more than a
confirmation by Archie that the signature is genuine. It is not equivalent to
swearing under oath that the facts alleged are true and correct." Archie
v. State (660 So. 2d 348)
A notary cannot take an acknowledgment of
execution in lieu of an oath, if an oath is required. Florida statute F.S.
117.03
3. In a signature witnessing or attesting, the
notary certifies that:
The signer personally appeared before the notary at the
time of signing.
The signer was identified by the notary using satisfactory evidence.
The notary witnessed the signer's signature, at the time of notarization, and it
was freely made. There is no acknowledgment wording in the certificate and no oath or affirmation
is administered.
Sample language
Are you [signer's name]? Are you signing this document, willfully and knowingly, as your free act and deed?
Sample Signature Witnessing Certificate
State
of _______________, County of _______________
Signed or attested before me this _____ day of _______________,
20____,
by ______________________________.
Document description:
_________________________________________________________
_________________________
________________________ _____________________
Notary Public
Signature
Notary Public Name
My commission expires:
(Notary Seal)
Note: It is not the duty of a notary to select
the proper type of certificate. We are not responsible for any loss or
damages if we notarize a document which includes the wrong type of notarial
certificate.
4. Adding a Notary Certificate to a
Document
If the document does not contain an acknowledgement, jurat, or other notary
certificate, a notary may add a stamp impression of the requested notary
certificate, or attach (staple) a separate sheet (loose certificate)
containing the requested notary certificate. The signer must state or
choose the
type of notary certificate desired. If needed, the signer should seek
legal advice in selecting the proper certificate. We are not
responsible for any loss or damages if we notarize a document which includes the
wrong type of notarial certificate.
5. Certified Copy by Notary (sample
form) (sample
rubber stamp)
Certified Copy by Notary
State
of Colorado, County of ____________________
I, ______________________________, a Colorado Notary Public, certify that the attached document is a
complete, full, true, exact and unaltered copy, made or
compared by me, of the original document, ______________________________, presented to me by the document's custodian,
______________________________, on this _____ day of __________, 20____, and, to
my knowledge, the original document is not a public record nor publicly
recordable.
_________________________ _____________________
Notary Public
Signature
My commission expires:
(Notary Seal)
A signed written request (sample
certified copy request form) for a
certified copy must be presented from the person who brings the original
document. The request must state:
Request
for Certified Copy by Notary Public
1. A certified copy or facsimile of the document cannot be obtained from
the office of any clerk and
recorder of public documents or custodian of documents in this state; and
2. The production of a facsimile, preparation of a copy, or certification
of a copy of the document does not violate any
state or federal law.
Type of document: ______________________________
Requestor Name: ______________________________
Signature: ______________________
Requestor Address: ____________________________ Date:
_______________
____________________________
6. Certificate of Notarial Record (Sample
Form)
Certificate of Notarial Record
State
of Colorado, County of ____________________
I, ______________________________, a Colorado Notary Public, certify that I
have reviewed the notarial record(s) held in my custody, on this _____ day of __________,
20____, and hereby verify the following facts as stated in the notarial record(s).
Date/Time
Type
Address Where
Notarized Document Description
_________ ________
______________________________ ______________________________
_________ ________
______________________________ ______________________________
_________ ________
______________________________ ______________________________
_____ [Initials] No notarial record(s) were found matching the description
for the month and year requested.
Signer's
Name(s) Signer's
Address ID
Description
Fee
____________________ __________________________
_________________________ ____
____________________ __________________________ _________________________
____
____________________ __________________________
_________________________ ____
Additional Information
__________________________________________________________________________________
__________________________________________________________________________________
Request Date Requestor
Name
_____________ ____________________
(Notary Seal)
My commission expires:
_________________________ _____________________
Notary Public
Signature
A written request (see form
below) for a certificate of a notarial record must be submitted by the person making the
request. Satisfactory photo ID may be required. Notaries do not keep
copies of notarized documents, except for certified copies made.
Request
for Certificate of Notarial Record
1. I hereby request a certificate of the notarial record for the following
notary journal entry or entries.
2. I will not use the requested information for any criminal or illegal
purpose.
3. I will show my photo ID to the notary or I will include a copy of my photo ID
with my request or payment.
4. I understand there is a fee of $5 per record for this service, which includes retrieval of the
information and the preparation and delivery of the certificate.
Payment is attached or is due upon receipt of the requested certificate.
5. I understand the notary does not provide legal advice and does not keep copies of notarized documents,
except for certified copies made.
6. Please deliver the certificate (check one): [ ] by
mail [ ] by e-mail
Month Year Name of
Signer(s) Document Type
_____ _____
____________________
______________________________
_____ _____
____________________
______________________________
Requestor Name: ____________________________
Requestor Address: ____________________________
____________________________
Phone:
____________________________
Email:
____________________________
Signature:
_________________________
Date:
_________________________
Mail request and payment to:
7. Vital Records
A notary may not certify vital records such as a birth, marriage or death
certificate, or a divorce decree.
For more information on obtaining copies of vital records, please see:
Vital Records, birth and death certificates, El
Paso County Dept of Health and Environment
Marriage license and copies, El
Paso County Clerk and Recorder
Birth and death certificates, Colorado
Dept of Public Health and Environment
Marriage and divorce verifications, Colorado
Dept of Public Health and Environment
Vital records, links to all Colorado counties, www.vitalrec.com
Colorado
Vital Records, county records contact information from
VitalRecordsUS.com
8. Corporate and Institutional
Records and Documents
Copies of articles, bylaws, minutes, resolutions and original records kept by
companies should be obtained from the company.
Copies of original college course transcripts should be obtained from the
college.
9. CRS 15-14-102. Definitions. (5) "Incapacitated person"
means an individual other than a minor, who is unable to effectively receive or
evaluate information or both or make or communicate decisions to such an extent
that the individual lacks the ability to satisfy essential requirements for
physical health, safety, or self-care, even with appropriate and reasonably
available technological assistance.
10. CRS 12-55-110.5 provides a procedure for notarizing for a person (the
principal) with a physical limitation or disability. If the
principal is aware and willing to sign, but unable to sign, due to a physical
limitation or disability, the principal may appoint another person, not the
notary, as their agent, to sign for the disabled person. The
appointed agent must sign the principal's name, at the direction and in the
presence of the principal, and in the presence of the notary. Under or
near the signature, the following words shall appear: "Signature written
by (Agent's Name) at the direction and in the presence of (Name as signed), on
whose behalf the signature was written."
11. Deposition Information follow
Federal Rules of Civil Procedure (FRCP), Federal Rules of Evidence (Rules
1000-1007), and Colorado Rules of Civil Procedure (CRCP). FRCP
Rule 30 governs oral depositions. FRCP
Rule 31 governs written depositions.
Find a Legal Videographer, Certified
Court Video Specialist (CCVS) or Certified
Deposition Video Specialist (CDVS) member of the American
Guild of Court Videographers (AGCV), or find a Certified
Legal Video Specialist member of the National Court Reporters
Association (NCRA).
Deposition Oath/Affirmation
"Do you solemnly swear, or affirm, under penalty of
perjury, that the testimony that you are about to give will be the truth, the
whole truth, and nothing but the truth?"
[Deposition transcript here]
[Signature of Witness]
[Notarized Oath/Affirmation Certificate here]
Deposition Certified by Notary
State of Colorado
County of _______________
I, _____________________, a Colorado Notary Public,
certify that, pursuant to ______________________________ (stipulation, notice or
court order) the deposition of ______________________________, Witness, was duly
taken before me at __________________________________________________ (place) on
this date ____________________ at time __________. The said Witness was first
duly sworn in, or affirmed, by me, according to law to tell the truth, the whole
truth, and nothing but the truth, and thereupon did testify as set forth in the
attached transcript of testimony. The testimony was recorded in my presence by
using ______________________________ (audio recording, video recording, or
stenography), under my direction.
I further certify that the above deposition is a full,
complete and true record of all the testimony given by the said Witness.
__________________________
____________________
Notary
Public
My commission expires
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