10 U.S.C. §1044a Notary Certification Training USMC

10 U.S.C. §1044a Notary Certification Training USMC

10 U.S.C. 1044a NOTARY TRAINING Developed by Legal Assistance Branch (JLA) Judge Advocate Division, HQMC April 2017 Learning Objectives Understand the legal authority under which notaries act Understand the types of authorized notarial acts Identify persons authorized to perform and persons eligible to receive 10 U.S.C. 1044a notarial services Understand under what circumstances documents may be certified as true copies Understand use of the notary seal and notary log book Understand a notarys duties and responsibilities 2 Who Is Required To Take This Training The following persons authorized to act as notaries under 10 U.S.C. 1044a and the JAGMAN must complete this training prior to performing notarial

acts: Marine Corps judge advocates, including Reserve judge advocates when not in a duty status Civilian legal assistance attorneys to include volunteer attorneys providing legal services at legal assistance offices Adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status Officers in the grade of O-4 and above

Commanding Officers, Executive Officers and administrative officers Legal and assistant legal officers Marine Corps officers with MOS of 4430 while assigned as legal administrative officers Marine Corps 4421 legal services specialists E-4 and above while serving in legal billets under the direct supervision of a judge advocate or a legal assistance civilian attorney Paralegals serving at military legal assistance offices and supervised by a military legal assistance counsel

For the performance of notarial acts at locations outside the United States, civilians employed by the Department of the Navy that support Marine Corps legal assistance offices 3 Who Is Required To Take This Training Military exigencies may interfere with completing this training prior to performing notarial acts. Failure to complete this training will not affect the validity of their notarial acts, but they must complete training as soon as practicable Training consists of studying these slides and signing a Duties and Responsibilities form, a copy of which will be retained by the legal office The OIC shall verify training completion and authorize performance as a notary The Duties and Responsibilities Form, sample OIC Certificate of Completion and Authorization, and copy of these training slides are posted on: http://www.hqmc.marines.mil/sja/unithome.aspx under JAD Resources 4 What a Notarization Signifies A notarization generally represents that : The signer of a document personally appeared before the notary on

the date and at the location indicated The signer was positively identified by the notary The signer acknowledged to the notary that the signature was freely made for the purpose stated in the document 5 Notarial Authority State and Federal State (Notary Public) Must meet state or U.S. Territory requirements and be appointed/commissioned as a Notary Public in that jurisdiction State law controls who is eligible to become a state notary, what acts a notary may perform, and the form and content of the notarial act Many, if not all, states have adopted a Uniform Recognition of Acknowledgments Act For a notarial act performed in one state to be recognized as legal by a different state, the notarial act must comply with BOTH states notary laws 6

Notarial Authority State and Federal An active duty servicemember may become a state notary if he or she meets the state statutory criteria State notary statutes (among others) North Carolina N.C. G.S. 10B http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0010B South Carolina S.C. Code of Law, Title 26 http://www.scstatehouse.gov/code/t26c001.php Virginia Code of Virginia, Title 47.1 http://law.lis.virginia.gov/vacode/title47.1/ California CA Government Code, Title 2, Ch.3., 8200-8230 http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=2.&part=&chapter=3.&article= Arizona - AZ Revised Statues, Title 41, 41-311-370 http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=41 Louisiana Louisiana Revised Statutes, Title 35 http://www.legis.la.gov/legis/Laws_Toc.aspx?folder=75&level=Parent Federal Notarial Authority - 10 U.S.C. 1044a See following slides 7 THE FOLLOWING MATERIAL FOCUSES ON 10 U.S.C. 1044a FEDERAL NOTARIAL AUTHORITY

8 Controlling Law and Regulations 10 U.S.C. 1044a Notaries 10 U.S.C 1044, Legal Assistance Authorizes the military Departments to provide legal assistance to certain categories of individuals regarding their personal civil legal affairs Under such regulations as may be prescribed by the Departmental Secretary, the Judge Advocate General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for establishment and supervision of legal assistance programs 10 U.S.C. 1044a , Authority to Act as a Notary

Federal law prescribing general criteria under which notary acts may be performed 10 U.S.C. 1044a notarizations are legally valid in all States and U.S. Territories Some state notary statutes specifically give force and effect to 10 U.S.C. 1044a notarial acts Notarization does not guarantee that a person/business/other entity will accept the document itself (i.e. power of attorney) 9 Controlling Law and Regulations 10 U.S.C. 1044a Notaries JAGINST 5800.7_ (series), Manual of the Judge Advocate General (JAGMAN) Contains policy and procedures implementing 10 U.S.C. 1044 and 1044a authority for the Department of the Navy Chapter 7 - Legal Assistance Eligibility Chapter 9 - Authority of Armed Forces Personnel to Perform Notarial Acts (does not include FY17 NDAA changes to 1044a see slide 11)

NOTE: JAGINST 5801.2B, Navy Legal Assistance Program, 15 Feb 13, provides policy and procedures for the Navy Legal Assistance Program, to include the Navys notary requirements and procedures This JAGINST is NOT applicable to the Marine Corps Does have helpful notary clauses that can be tailored for USMC use MCO 5800.16A, Marine Corps Manual for Legal Administration (LEGADMINMAN) Ch. 14, Legal Assistance Program LEGADMINMAN, Ch. 14 still in effect although outdated (The Judge Advocate Division (JAD), HQMC sends updated policy memos to the Judge Advocate Community) Still must comply with JAGMAN, which contains detailed notary procedures 10 Persons Authorized to Provide Notarial Services 10 U.S.C. 1044a grants general powers of a notary public and of a consul of the United States to the individuals below:

All judge advocates, including reserve judge advocates when not in a duty status All civilian legal assistance attorneys Volunteer civilian attorneys in legal assistance offices may notarize under 1044a - their Service Agreement with the office must include notarization as a duty; volunteer civilian paralegals may not notarize under 1044a All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status For the performance of notarial acts at locations outside the U.S., all employees of a military Department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the U.S. (see JAGMAN)

All other members of the armed forces, including reserve members when not in a duty status, designated by regulations of the armed forces or by statute to have those powers (see JAGMAN) FY17 NDAA added: All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel 11 Persons Authorized to Provide Notarial Services In addition to the list in 10 U.S.C. 1044a, the JAGMAN adds the following persons to those authorized to perform notarial acts: For performance of notarial acts outside the U.S., all DoN civilians supporting legal assistance offices All officers in the grade of 0-4 and above All COs, XOs and admin officers All legal and assistant legal officers All Marine Corps officers with an MOS of 4430 while assigned as legal administrative officers All Limited Duty Officers (law) All (Navy) legalmen upon completing training, signing a duties and responsibilities form, registering with Code 16 linked to relevant

duty assignment All Marine Corps legal services specialists E-4 and above, while serving in legal assistance billets, when authorized by the cognizant OIC ** ** The next JAGMAN update is expected to change this to read: All Marine Corps 4421 legal services specialists E-4 and above who complete the notary training and certification process to perform federal notarial acts that is directed by the SJA to CMC, while serving in legal billets under the direct supervision of a judge advocate or a legal assistance civilian attorney. (This policy change is being followed now by the USMC legal community; OJAG, Code 16, concurred) 12 Authorized Recipients of Notary Services 10 U.S.C. 1044a notaries shall provide notarial services only for those who are authorized to receive the service under 10 U.S.C. 1044a, which lists the following: Members of any of the armed forces Other persons eligible for legal assistance under the provisions of section 1044 of title 10 or regulations of the Department of Defense Look at 10 USC 1044 (legal assistance statute) and JAGMAN legal assistance chapter for the list of persons eligible for legal assistance Because the JAGMAN expands the category of persons eligible to receive legal assistance services, always have a copy of the JAGMAN and refer to it if you are not sure about someones eligibility Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands

Other persons subject to the Uniform Code of Military Justice outside the United States Ref: 10 U.S.C. 802-Art. 2 Persons Subject to UCMJ 13 Identification The notary must determine the persons eligibility for services and whether the person appearing before him/her is the person named in the document to be signed Acceptable forms of identification (JAGMAN) Valid State or Federally issued identification card Drivers license Passport When impossible or impracticable for active duty member to retrieve his or her state or federally issued identification card OIC can authorize reliance on the Common Access Card (CAC ) as identification

Notary may use personal knowledge of an active duty service member or personal knowledge of a credible witness to verify identity 14 When Not to Notarize A 10 U.S.C. 1044a notary shall not perform the notary service if: The signer is not eligible for the service The signer cannot verify his or her identification in accordance with the JAGMAN The signature was not made in the notarys presence (unless the client or customer is willing to re-sign in the notarys presence after satisfactorily proving his or her identity) The signer appears to be coerced and/or incapacitated alert your OIC 15 Notary Clauses Documents prepared by the legal assistance or SJA office (i.e. powers of attorney) JAGINST 5801.2B has sample 1044a notary clauses used by Navy legal assistance offices can tailor

these for USMC CAUTION: No one is required to accept/honor a power of attorney (i.e. power of attorney from deploying Marine for another person to act in matters on the Marines behalf ) Some legal assistance offices choose to have all documents they prepare notarized by the offices state authorized notary May be more readily recognized by a state/local entity If the document is likely to be used in a different state, comply with both states notary laws NOTE: Although not specifically prohibited in 10 U.S.C. 1044a or the JAGMAN, * office policy should be that only state notaries may notarize real estate documents due to differing state requirements; however, overseas legal assistance offices may use 1044a notarial authority but only with OIC approval. 16 Notary Clauses Documents not prepared (drafted) at the legal assistance or SJA office Many times persons ask legal offices to notarize documents they bring with them Such documents generally have pre-printed notary clauses prepared for a state authorized notary If the document lacks a notary clause, a notary who is not also an attorney

may not decide what type of notarial act is appropriate (i.e. whether an oath is required, whether the document requires witnesses, etc.) consult OIC 17 Notary Clauses 10 U.S.C. 1044a Notary The person performing the notarial act must specify in the documents notary clause that they are among those persons authorized by 10 U.S.C. 1044a to provide the notarial service

Notarys Name Rank and billet (position) (i.e. SSgt Samuel Smith, Legal Assistance Clerk) Branch of Service - USMC Command or Legal Office to which assigned Notary clause also recites the eligibility of the signer to receive the service NOTE: Sample notary clauses can be found in JAGINST 5801.2B 18 Types of Authorized Notarial Acts Oaths ** and Affirmations An Oath is a solemn, formal declaration or promise to tell the truth, made before a notary public, under penalty of perjury that traditionally invoked reference to so help me God as witness An Affirmation has the same legal effect as an oath. It is a solemn declaration regarding the contents of the written affidavit, made by persons who decline to take an oath referencing God for religious or conscientious reasons Acknowledgments and Affidavits

An Acknowledgment is a signed statement by the notary that the signer 1) personally appeared before the notary 2) was positively identified by the notary and 3) acknowledged having signed the document in the physical presence of the notary who affixes his or her notary acknowledgment to the power of attorney, deed, beneficiary designation form, contract, etc. An Affidavit is a written or printed declaration of facts, made voluntarily, and confirmed by oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation ** See 10 U.S.C. 936 regarding persons authorized to administer oaths pursuant to their military duties. 19 Sample 10 U.S.C. 1044a Acknowledgment Long Form (see following slide for Short Form) With the United States Armed Forces at______________ On this the _______ day of ______________________________, 20______, before the undersigned officer or other person authorized to serve as a federal notary under 10 U.S.C. 1044a, personally appeared _________________________________________, satisfactorily proven, (a) by presentation of a valid military identification card ,or (b) other state or federal government issued identification card, to be (a) serving in or retired from the Armed Forces of the United States, or (b) a lawful dependent of a person serving in or retired from the Armed Forces of the United States, or

(c) a person serving with, employed by, or accompanying the Armed Forces of the United States outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same. And the undersigned does further certify that he or she is at the date of this certificate an officer or other person of the Armed Forces of the United States having the general powers of a notary public under the provisions of Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510). AUTHORIZED TO ACT AS A NOTARY _________________________________ PUBLIC UNDER THE PROVISIONS OFSignature of Notary SECTION 1044a OF TITLE 10 OF THE UNITED STATES CODE. _________________________________ Printed Rank, Name, and Billet NO SEAL REQUIRED BY LAW. Branch of Service: __________________ Command or Organization: __________ ** Commission expires: ____________ Training Note: ** Some sample forms include Commission expires _____ DELETE IT [There are several types of commissions 1) commissioned as a state notary and, 2) commissioned officer in the military - enlisted personnel do not have a commissions. Using the word commission in a sec. 1044a notary clause is confusing - recommend deleting this line it is not a requirement 20

Sample 10 U.S.C. 1044a Acknowledgment Short Form With the U.S. Armed Forces At _____________________ I, __________________________, the undersigned officer or other person authorized to serve as a federal notary under 10 U.S.C. 1044a, do hereby certify that on this __day of__________, 20___, before me, personally appeared ___________(name of person whose signature is being acknowledged), who presented a valid military identification card or other state or federal government issued identification card, and then did execute the foregoing instrument as a true, free, and voluntary act and deed. I do further certify I am qualified pursuant to the authorizing statute to act in this capacity, this certificate is executed by me in that capacity, and by statute no seal is required. AUTHORIZED TO ACT AS A NOTARY _________________________________ PUBLIC UNDER THE PROVISIONS OF Signature of Notary SECTION 1044a OF TITLE 10 OF THE UNITED STATES CODE. _________________________________ Printed Rank, Name, and Billet NO SEAL REQUIRED BY LAW. Branch of Service: __________________ Command or Organization: __________ ** Commission expires: ____________ Training Note:

** Some sample forms include Commission expires _____ DELETE IT [There are several types of commissions 1) commissioned as a state notary and, 2) commissioned officer in the military - enlisted personnel do not have a commissions. Using the word commission in a sec. 1044a notary clause is confusing - recommend deleting this line it is not a requirement 21 Sample State Notary Acknowledgement ACKNOWLEDGEMENT State of ________ ) ) SS.: County of _________ ) Before me, a notary public, personally appeared _________________________________________, who, having produced a Uniformed Services Identification Card or other state or federal government issued identification card, is known to me to be the identical person who is described herein, and who signed and executed the foregoing instrument on this day, __________________________ 20___ , as a true, free, and voluntary act and deed, for uses, purposes, and considerations therein set forth. __________________________________________ Notary Public

My Commission Expires: Registration No. NOTE: There are numerous versions of state notary clauses. Refer to state law. 22 Types of Authorized Notarial Acts (cont) Certification of copies A certified true copy is a document certified (verified) as being a true copy of the original document created or on file in the originating office 10 U.S.C. 1044a and legal personnel who are state notaries shall only certify copies of original documents created by their office or originals maintained as part of the offices responsibilities shall not certify copies of public records, court records, county recorder records, birth certificates, marriage certificates, etc. 23

True Copy? - NO Marriage Certificate This is NOT an acceptable True Copy of the original Marriage Certificate. Only the government office that issued the original certificate or maintains the original as part of its official responsibilities can certify the copy (i.e. County Recorders Office). 24 STATEMENT OF VERIFICATION Military members married and/or divorced in foreign countries often send HQMC copies of translated documents as proof of family member dependency status (i.e. Japanese Family Registry/Certificate of Acceptance, etc.)

Some overseas legal offices have created a Statement of Verification form to reflect that although they cannot certify as true the foreign document, it appears to the signer to be a genuine and unaltered copy of the original that is presented. PROBLEM: the Statement of Verification template used by many offices is not accurate - see following slides Slide added 3/29/16 25 INCORRECT FORM **************** FYI - Verification in the legal context refers to a declaration under oath or upon penalty of perjury that a statement or pleading is true.

Why is this Preamble here? It is used with Military Powers of Attorney per 10 U.S.C. sec. 1044b not with a Statement of Verification. What should be used? A document that includes the Statement, is acknowledged and signed by the person who saw the original being copied, and is notarized by someone other than the person signing the statement. See suggested format next slide. (although a Statement is not required to be notarized it is good practice to do it) Cannot notarize own signature FYI - 7 FAM 534.3b(3): Although originals of evidentiary documents may be sent to SSA (Social Security Admin), copies of originals certified by the posts and military personnel are preferred to avoid the loss of originals. Foreign language documents are acceptable, and may be translated by post or U.S. military personnel. SSA will determine whether or not the evidence submitted meets SSAs requirements for issuance of a Social Security number. (See Foreign Affairs Manual at https://fam.state.gov/FAM/07FAM/07FAM0530.html and https://fam.state.gov/FAM/07FAM/07FAM0860.html) Slide added 3/29/16 STATEMENT OF VERIFICATION

RECOMMENDED I, ________________________________, DO SOLEMNLY SWEAR THAT: I compared the attached copy of ________________________________________________ (list document(s) being verified - i.e. Yoko Smiths Family Register, John Smiths Divorce Decree, etc.) with what appears to be a genuine and unaltered original document or record. Based on what I have seen the original documents (or record) of which this is a copy (or, from which this excerpt was taken) appears to be genuine and unaltered and to have been made at the time purported. I provide this verification form as a service per State Department Foreign Affairs Manual, 7 FAM 534.3b. My office did not produce the attached document and I am not qualified to certify authenticity. This document consists of ____ pages. Signature ______________________ Printed Name ___________________ Grade and Branch of Service _______ Command or Organization _________ INSERT NOTARY CLAUSE MUST BE NOTARIZED BY SOMEONE ELSE (FOR USE WHEN VERIFYING FOREIGN DOCUMENTS) Types of Authorized Notarial Acts PRACTICE QUESTIONS:

1) Assume you are an authorized 10 U.S.C . 1044a Notary. A service member brings you a certified true copy of his birth certificate that has the raised seal of the state agency that issued the original. He has Xeroxed several copies of the certificate and asks you to certify them as true copies. Can you do it? Why or why not? 2) Would it change your answer if the service member brings in the original birth certificate and, after you watch him Xerox copies, he asks you to certify the copies as true? Why or why not? 28 Notary Stamp or Seal A notary seal is an embossed seal or ink stamp affixed to a legal document by a notary public State notaries must have their own notary seal or stamp with their name The notary is responsible for safekeeping and destroying the seal/stamp once he/she ceases to be a notary 10 U.S.C. 1044a specifically exempts federal military notaries from the requirement to place

an official seal or stamp on documents they notarize BUT as a matter of good practice, 10 U.S.C. 1044a notaries should use a Department of the Navy/Marine Corps embossed seal or stamp, in addition to the notary authorization language NOTE: 1044a Notarys legal office, with OIC approval, may purchase the embosser/stamp as an office asset (fiscal justification: needed to further the legal assistance mission) 29 Notary Logbook Notary logbook (a.k.a. notary journal) An official record of each notarial act performed by the notary public, required for all notarial acts (including recording presence of witnesses) Types of notary logbooks State notary logbook Personal to the notary

Keep and retain consistent with state rules 10 U.S.C. 1044a notary logbook 1044a notary logbooks are NOT part of DON Systems of Records (OJAG Code 13 Opinion , 8 Jun 15) Are personal to the notary Notary takes and retains when leaves office 30 Entries in Notary Logbook Entries in the 10 U.S.C. 1044a notary logbook Logbook shall include the following information

Signers name and address Signers signature Type of document notarized or attested to Date of the notary act Type of identification used to verify the signors identity (no numbers) Printed name of the Notary Notaries shall not collect or record in their notary logbook SSNs DoD identification numbers (CAVEAT: OICs and Heads of Legal Assistance Offices may permit recording DoD ID numbers when deemed appropriate under existing military regulations) Passport numbers Driver's license numbers or identification card numbers that can be associated to a particular individual Entries in state notary logbooks follow state requirements 31 Sample 1044a Notary Logbook

LEGAL ASSISTANCE OFFICE CAMP LEJEUNE YEAR 2017 Personal Notary Logbook Capt John Doe 32 Sample 1044a Notary Logbook HQ BN (LEGAL) CAMP LEJEUNE, NC YEAR 2017 33 Duties and Responsibilities of a Notary Notaries SHALL NOT: Engage in the practice of law and accordingly may not draw up legal documents outside the supervision of an attorney Sign their names to blank instruments Certify the authenticity of public, registered, court records or documents or issue certified copies of such documents or records

Administer oaths and take affirmations unless the person who signs the instrument is actually in their presence Falsely execute certificates, such as predating or postdating the document Delegate their notarial authority to another person Perform a notarial act when the notary is party to, personally involved in, or financially impacted by the transaction (Note: State law may allow in certain circumstances) 34 Duties and Responsibilities of a Notary Notaries SHALL NOT: Serve as witness and notary in the same transaction Accept any fees or compensation for oaths or notarial acts performed Perform or be required to perform a notarial act that the notary believes is for a transaction which the notary suspects is illegal, false, or deceptive is for a person being coerced is for a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction required for a notarial act impugns or compromises the notarys impartiality Active Duty Military Notaries may be subject to administrative or disciplinary action, which may include the initiation of court martial proceedings and/or administrative

separation, for failure to properly execute their official notarial duties 35 DEFINITIONS Definitions Acknowledgement is a signed statement by the notary that the signer 1) personally appeared before the notary 2) was positively identified by the notary and 3) acknowledged having signed the document in the physical presence of the notary who affixes his or her notary acknowledgment to the power of attorney, deed, beneficiary designation form, contract, etc. Affirmation has the same legal effect as an oath. It is a solemn declaration regarding the contents of the written affidavit, made by persons who decline to take an oath referencing God for religious or conscientious reasons

37 Definitions Apostille (pronounced a-po-stee) is a certificate authenticating the seals and signatures of officials on public documents such as birth certificates, notarials, court orders, or any other document issued by a public authority, so that they can be recognized in foreign countries that are parties to the Hague Apostille Convention. (Authentication Certificates are issued for documents which are destined for use in countries that are not parties to the Hague Apostille Convention) Documents requiring an Apostille issued by the U.S. Department of State are those which have been signed by one of the following: U.S. Federal Official An American Consular Officer A Military Notary, Judge Advocate (10 U.S.C. 1044a), or a foreign Consul diplomatic official registered with the State Department Office of Protocol The U.S. State Department Authentications Office is responsible for signing and issuing certificates under the Seal of the U. S. Department of State for documents being submitted to foreign countries It is important to understand that the Apostille does not authenticate the contents or effect of the document in any way. It pertains strictly to the notarys authority to perform notarial acts on the date of the specific notarization and the authenticity of the notarys signature and seal on that particular notarial certificate

Go to: http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-apostille.html http://www.hcch.net/upload/abc12e.pdf http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/office-of-authentications.html 38 Definitions Apostille (cont) Under State Notarial Authority: An apostille is an official document certifying that the notary who performed a particular notarial act was a notary in good standing at the time of the notarization. It also certifies the authenticity of the notarys signature and seal. Documents that will require an apostille will be destined for countries that have signed the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents. It is important to understand that the apostille does not authenticate the contents or effect of the document in any way. It pertains strictly to the notarys authority to perform notarial acts on the date of the specific notarization and the authenticity of the notarys signature and seal on that particular notarial certificate Only the notarys state appointing authority or competent authority can issue a certificate of notarial authority or an apostille. Usually, this is the Secretary of States office, but may

also be the county Clerk of Court, the Governors or Lieutenant Governors office, or Treasury Department www.asnnotary.org/?form=apostillecertificateofauthority [American Society of Notaries] 39 Definitions Certified Copy Competence (a.k.a. Certified True Copy) is a document certified as being a true copy of the original document on file in the originating office. Only the specific business or other entity that originated the document or maintains the original as part of its official responsibilities has the legal authority to verify the authenticity of a copy of that original document

Execute The mental ability to distinguish right from wrong and to manage ones own affairs A notary must be certain that all parties understand what they are signing and to what they are swearing or affirming To perform all formalities, as to make and sign a contract, or sign and deliver a note Carry out some act or course of conduct to its completion Instrument

A legal document, such as a Power of Attorney, contract, deed, Will, or mortgage, which is to be executed by a principal, grantor, or party 40 Definitions Jurat Required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court It is a certification on an affidavit declaring when, where and before whom it was sworn In executing a jurat, a notary guarantees that the signer personally appeared before the notary, was given an oath or affirmation by the notary attesting to the truthfulness of the document, and signed the document in the notary's presence It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury. However, jurat notarizations do not prove a document is true, legal, valid or enforceable

Notary Log (a.k.a. Notary Journal) is an official record of each notarial act performed by the notary public, required for all notarial acts (including recording presence of witnesses) Oath is a solemn, formal declaration or promise to tell the truth (or attest that the contents of a document are true) , made before a notary public, under penalty of perjury that traditionally invokes reference to so help me God as witness 41 Definitions Official Seal (Impression or Stamp) of the Notary Seal or L.S.

An embossed seal or ink stamp affixed to a legal document by a notary public The combination of the seal and the notary's signature serves as independent verification that the identify of the person signing the document has been verified and, in some cases, that an oath or affirmation has also been sworn or administered The Latin phrase logus sigilli means "place of the seal." You may see these letters at the end of a signature line for the document signer or for the notary in more archaic or boiler plate documents. Older documents used melted wax impressions over the L.S., bearing the corporate, government, or private insignia (the seal) of the signer SS. An abbreviation of the Latin word silicet, (to wit) meaning in particular or namely. Commonly referred to as jurisdiction and traditionally included to the right of the venue in notary certificates

42 Definitions Subscribe To sign at the end of the document, so that the signature is at the very end of all substantive provisions Requirement for a subscribed document exists to ensure that the acknowledgment is only good for documents as they appeared at the time of the acknowledgment, and not for any changes or additions following the signing by the customer or client Venue The location in which the notarization was performed With the United States Armed Forces at (insert country, state, and county where the instrument is acknowledged) 43

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